Francis is a famous lyricist in India & world-wide. Sona, another lyricist copied a very catching phase from his song, there is likely to be infringement even if the phrase is very short. Mention the commonly known a
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2024
Francis is a famous lyricist in India & world-wide. Sona, another lyricist copied a very catching phase from his song, there is likely to be infringement even if the phrase is very short. Mention the commonly known acts which are termed as infringement of copyright. Also discuss the penalties for infringement.
Answer & Explanation:
The following are some of the commonly known acts involving infringement of copyright: Making infringing copies for sale or hire or selling or letting them for hire, Permitting any place for the performance of works in public where such performance constitutes infringement of copyright, Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright, Public exhibition of infringing copies by way of trade, and Importation of infringing copies into India. Section 63 deals with offences of infringement of copyright or other rights conferred by the Copyright Act, 1957. This section states that any person who knowingly infringes or abates the infringement of the copyright in a work or any other right conferred under the Act (except for resale share right in original copies), liable to imprisonment for a minimum period of six months which may extend to three years and with minimum fine of fifty thousand rupees which may extend up to rupees two lakh. However, the Court has been empowered to impose a sentence less than six months or a fine less than fifty thousand, if the infringement had not been made for gain in the course of trade or business. In such situations, the section requires the courts to mention adequate and special reason in the judgement.
Topics: Copyright Act, 1957
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