Enforcement of Copyright | EXCELON IP – Copyright Enforcement Law Firm
We at EXCELON IP offer Copyright Enforcement Services with dedicated Copyright Attorneys to enforce your Copyrights. When you get your work or creation registered at the copyright office you are provided with certain absolute rights like rights of use, right to reproduce, right to enforcement, right to performance, display etc. If someone uses your copyrighted work entirely or a significant piece of it illegally or without your permission and when it is also not covered under copyright exception, then it’s an infringement of copyright-protected work which requires action. Duplicating copyright-protected work for sale, distribution of such copyrighted work, exhibiting the copyright-protected work in a civil area without the permission of the owner of such work as well as distributing it without a copyright exception are few of the most common kinds of copyright infringement which are required to be addressed. Getting your creation registered at the office of copyright is a prerequisite for copyright enforcement. One can claim the ownership of the copyright for any kind of eligible work like literary or artistic work if it’s registered in the name of the real owner unless the opposite is proved.
How has Copyright Enforced over someone who infringes on yours?
Civil Prosecution: In the matter of Copyright Infringement
Owner of the copyright can institute a legal matter against the person or entity for infringing on their copyrighted work, where the copyright holder is entitled to remedies like injunction and accounts. Such matter can only be tried by a first-class Judicial or a metropolitan magistrate in accordance with the copyright act of India.
Criminal Prosecution: In the matter of Copyright Infringement
If any person intentionally infringes on the copyrighted work, then such an action can be registered as a criminal offence, and the punishment for such offence in a court of law is six months of imprisonment which is extendable to 3 years & a fine of ₹50,000 which is extendable to ₹3,00,000.
The copyright act of India gives absolute powers to police officers to seize all infringed work, if there is a basis for if the officer is satisfied that the offence of infringement is committed or may be committed in the near future.
With time the jurisdiction as well as the mechanisms with regard to copyright infringement has also taken twists and turns like the introduction of Anton Piller orders & John Doe orders.
According to the mechanism of Anton Piller orders, viz. Orders obtained unilaterally from the court which allows the appointed officers of the court escorted with the representatives of the plaintiff to find and seize infringed copies of work without prior notice or permission or warning to any wrongdoer. John Doe’s orders viz. the orders from the court to find and seize the infringed copyrighted works of the plaintiff. The court appoints the local commissioners, to make a raid on the premises accordingly wherein the defendant is unknown, so the warrant to seize is not issued in the name of a specific infringer but issued for the seizure of all the copies of infringed and copyrighted work of the plaintiff.
Last but not least, in accordance with section 81 of the Information Technology Act, 2000 gives new power to plaintiffs in order to protect their rights as well as their copyrighted material. This provides untrammelled power to the copyright owners in India. According to section 81 of the IT Act, the owners of the copyright can legally hack into potential infringing parties or entities because now they are immune to the offence of hacking under the IT Act.
Copyright Registration & Enforcement Firm | EXCELON IP
Copyright is the core of economic and social growth in an economy and infringing on someone’s creation is a serious offence in a developing civilization. Excelon IP has a team of distinguished and experienced attorneys who can help you with your legal rights for your creation. We are one of the top Copyright Enforcement Companies in India.