1.

Please describe the legal procedures relating to Copyright Infringement eg:- law
enforcement procedure, injunction, investigation, onsite seizure and the
probability and actual risks of the same.

Copyright infringement is the use of work protected by copyright law without

permission of the copyright holder, such as the right to reproduce, distribute,
display or perform the protected work, or to make derivative works. Copyright
infringement disputes are usually resolved through direct negotiation, or by
sending a legal notice to the infringer, or by initiating litigation in civil court or to
the Registrar of the Copyright, or in cases for large scale commercial
infringement through criminal justice system.
The aforesaid quarry is answered four folded as under:-

a). Legal procedures relating to copyright Infringement

Whenever there is any copyright infringement the first thing to do is to send a

legal notice for copyright infringement to the person or entity guilty of
copyright violation and in the case of online copyright infringement, a
takedown notice may be sent to the person or company involved. Thereafter a
civil suit is filed in the District Court or any court superior to it, if the party
infringing does not complies with the Legal Notice send. In cases involving
serious nature of infringement criminal proceedings are initiated by filing an
FIR.

LEGAL NOTICE

As per the Copyright Rules, 2013 such a legal notice shall contain the
following particulars:-

 Description of the Work.

 Details establishing that the complainant is the owner or the exclusive
licensee of copyright in the work.
 Details establishing that :-
o The copy of the work which is the subject matter of infringement.
o Incidental storage is an infringing copy of the work owned by the
complainant.
 Details of the location where incidental storage of the work is taking place
or infringement has been done.
 Details of the person, if known, who is responsible for uploading the work
infringing the copyright of the complainant.
 And most importantly an undertaking should be there in the said legal
notice specifying that the complainant shall file an infringement suit in the
competent court having jurisdiction, within 21 days from the receipt of the
said legal notice against the person responsible for uploading the
infringing copy.

CIVIL LITIGATION

As per the Copyright Act 1957, the suit for copyright can be instituted in a
District court having appropriate jurisdiction or a court superior to it but not
in any court inferior to that of a District court. Here District court having
appropriate jurisdiction means that at the time of execution of the suit or
other proceeding, the person executing the suit or other proceeding resides or
carries on business within the said local limits. The relief provided by the
district court shall be in the form of an injunction, payment of damages,
payment of profits earned or any other appropriate remedy.
However, it is pertinent to note that if the defendant proves that at the date of
the infringement he was not aware and had no reasonable ground for
believing that copyright subsisted in the work, the plaintiff shall not be
entitled to any remedy other than an injunction in respect of the infringement.
The Court trying any offence under this Act may whether the alleged
offender is convicted or not pronounce the order that all copies of the work or
all plates in the possession of the alleged offender which appears to be
infringing copies, or plates for making infringing copies shall be delivered to
the owner of the copyright
Any person aggrieved by an order may within thirty days of the date of such
order appeal to the Court superior to the District court. Such an appeals can
be made in the High Court or the jurisdiction of the High Court can directly
be availed without filling the suit in the District Court.
Under the provisions of the Copyright Act, the Registrar of Copyright has
also been vested with the powers of the civil court when trying a copyright
infringement suit and can:-
(a) Summon and enforce the attendance of any person and examining him
on oath
(b) Require the discovery and production of any document
(c) Receive evidence on affidavits
(d) Issue commissions for the examination of witnesses or documents
(e) Require any public record or copy thereof from any court or office
(f) Any other powers as are vested in a civil court which the Registrar of
Copyright thinks to exercise can exercise them.
Any person aggrieved by any final decision or order of the Registrar of
Copyrights may within three months from the date of the order or decision
appeal to the Appellate Board and any person aggrieved by any final
decision or order of the Appellate Board may within three months from the
date of such decision or order appeal to the High Court within whose
jurisdiction the appellant actually and voluntarily resides or carries on
business or personally works for gain.

CRIMINAL LITIGATION
In the course of criminal prosecution, the first step is to lodge an FIR to the
SHO, which puts the criminal law into motion as the copyright infringement
is a cognizable offence. The police authorities then will search the defendants
place and such a search can be done without any warrant and seizure the
infringing goods and materials relating thereof. Such seized goods shall be
as soon as possible be produced before the Magistrate.

In case of criminal liabilities, the Copyright Act, 1957 provides that for the
offence of copyright infringement a person will be punishable with
imprisonment for a term of six months which can also be extend to 3 years
and with fine of Rs. 50,000 which may extend to 2 lakh rupees. However, if
there is any second and subsequent convictions of the persons who have
already been convicted of an offence, in such circumstances the punishment
shall be imprisonment of 1 year which may extend upto 3 years and fine
upto 1 lakhs which may extend to 2 lakhs. However in cases where the
infringement is not done for gain in the trade or business the court may
impose sentence for a lesser duration than 1 year or fine less than 1 lakh.

Under the Copyright Act, 1957 where any offence has been committed by a
company, every person who was at the time of the commission of the offence
was responsible to conduct the business of the company shall be guilty of
such offence and shall be liable to be proceeded accordingly.

Under the Copyright Act, 1957 if any person knowingly makes use on an
infringing copy of a computer programme shall be punishable with
imprisonment for a term of seven days which may extend to three years and
with fine of fifty thousand rupees which may extend to two lakh rupees and
if the computer programme has not been used for gain in the course of trade
or business, the Court may not impose any sentence of imprisonment and
may impose a fine which may extend to fifty thousand rupees.
b). Law enforcement procedure

The Copyright Act 1957 provides three kinds of remedies whenever there is
any copyright infringement:-

 Administrative Remedies
 Civil Remedies
 Criminal Remedies.
The administrative remedies provided that the detention of the infringing
goods shall be done by the customs authorities.
The civil remedies include injunctions, damages and account of profits by
way of a civil cuit in the District court or any other court superior to it and
to avail the criminal remedies FIR is been lodged.

c). Injunction
Any court having the jurisdiction of a civil action may grant temporary and
final injunctions to prevent infringement of a copyright. Such an
infringement order is been passed by a civil court when the petitioner files a
civil suit for copyright infringement in the appropriate District Court. An
interim or interlocutory injunction is a kind of temporary relief. However, a
suit to obtain grant of interlocutory injunction must be brought as soon as
the plaintiff knows of the alleged infringement of his rights. Such an
injunction order restrains the defendant from infringing the plaintiff’s right
and using the said good for the period in which the case is pending in the
court
In granting injunction for infringement of copyright, three factors must be
kept in view. These three factors are:-

o That there is a prima facie case.

 o That there is Balance of Convenience between both the Parties.
o And lastly, the court will analyze that if the interim injunction is not
issued then it will cause irreparable injury to the applicant.

d). Onsite seizure

Under the provisions of the Copyright Act, 1957, any police personals who
is not below the rank of a sub-inspector is vested with the powers to seize
the infringing copies on being satisfied that an offence regarding the
infringement of copyright in any work has been or is likely to be committed.
Such a seize can be made without a warrant and all the copies of the
infringed work and all material used for the purposes of making infringing
copies shall as soon as practicable be produced before a Magistrate.
However, any person having an interest in any of the copies seized may
within fifteen days of such seizure make an application to the Magistrate to
obtain and restore such copies. The Magistrate will make an order after
hearing the applicant and the complainant and after making necessary
inquiry in this regard.