THE EFFECTIVENESS OF THE REMEDIES FOR COPYRIGHT INFRINGEMENT, A GLOBAL

CONCERN

Introduction:
copyrights constitute an essential element for the development of any country. The
enrichment of the national cultural heritage depends directly on the extent of protection
afforded to literary, dramatic, musical and inventive works, cinematograph films and
recording.1
Copyright is a property right; however, it is not the same as property in something actual. 2 If I
purchase a book from a book store, I will now own the book and can do what I like with it as
a physical object: read it, stand on it or throw it in the garbage. But someone else will usually
own the copyright in the book: either the author or whoever the author has transferred the
copyright to3. That person too has rights over the book, such as the right to make copies of it.
If I make a copy of the book without that person’s consent, I infringe his rights in the book. I
may have paid for the book, but neither the copyright owner nor I intended to deal with the
copyright in the book, and the sale price certainly did not include anything for that copyright.4
The copy right act,1957, extends copyrights protection to the work by conferring certain
exclusive rights on its author5. The rationale of providing copyright protection to the owner of
his work is to enable him to reap the fruits of his labour and investment to the exempt of
others. But the same time, public has been also given certain rights in his work under section
52 of the copy right act 1957. Thus, if a person uses any of the exclusive rights available to
the owner of copyright without his prior permission or without any licence granted by
registrar of copyright, he shall be deemed to have infringed copyright provided such use was
also not allowed under section 52.6

1
V.K. Ahuja, Intellectual Property rights in India, Page N. 3, Second edition 2015 (Lexis Nexis)
2
Professor David Vaver & professor Pierre Sirinelli, principal of copy right & Notions Fondamental DU, Droit
D’auteur (WIPO & OMPI), Geneva July 2002.
3
Ibid.
4
Ibid.
5
The copyright Act, 1957 (14 OF 1957), Section 52
6
V.K. Ahuja, Intellectual Property rights in India, Page N. 120, Second edition 2015 (Lexis Nexis)
 Research Methodology
The research is based upon the doctrinal and analytical form of research.

Hypothesis
Remedies which are provided in Indian Copyright Act is not sufficient to protect
infringement of copyright and interest of owner, compare to USA.

Research Question

 What are the remedies provided in Indian copy right law and American copy right?
 what are the judicial approach to provide remedies for infringement of copy right in
India and USA?

Mode of citation

This research project follows Indian Law Institute citation style.

Aims and objective

The aim of this paper to know about the effective remedies for the infringement of
copyright. And how domestic remedies distinguish from global concern? And draw the
nexus between civil and criminal remedy.

Anoop Kumar Bardiya

BAL/015/18
Anoop015-18@mpdnlu.ac.in