Infringing Copy and Infringement of Copyright under the Copyright Act, 1957: Meaning, Case Laws and Remedies
Introduction
Copyright law protects the intellectual labour of an author. The moment an original literary, dramatic, musical, artistic work, cinematograph film or sound recording is created, certain exclusive rights arise in favour of the author or owner. When those exclusive rights are violated, the law treats it as infringement. The concept of “infringing copy” forms the foundation of this violation.
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Meaning of “Infringing Copy”
Under Section 2(m) of the Copyright Act, 1957, “infringing copy” has been defined. In simple terms, it means a copy of a work made in violation of the provisions of the Act.
According to Section 2(m), infringing copy includes:
(i) Literary, Dramatic, Musical or Artistic Work
Any reproduction of such work, otherwise than in the form of a cinematograph film, made without authority of the copyright owner.
(ii) Cinematograph Film
Any copy of a film made by any means of communication without lawful authority.
(iii) Sound Recording
Any other sound recording embodying the same recording, made by any means without permission.
(iv) Broadcast or Programme
In respect of any programme or presentation where broadcasting rights exist, if reproduction or presentation is made without authority, it amounts to an infringing copy.
Thus, an infringing copy arises when reproduction, communication to public, distribution, import or presentation of a work is done in violation of the Act.
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Essential Elements of Infringing Copy
The following elements are important:-
1. Reproduction of the original work
2. Publication of such work
3. Communication of the work to the public
4. Translation of the work into another language without permission
5. Import of infringing copies into India
The law focuses not merely on copying words, but on copying the expression of ideas.
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Judicial Principles on Infringement
1. R.G. Anand v. Delux Films (AIR 1978 SC 1913)
The Supreme Court laid down important tests:
• Borrowing historical facts, themes or ideas does not amount to infringement.
• Copying the expression, presentation and treatment of the idea amounts to infringement.
• If after reading both works, an average reader concludes that the second work is a copy, infringement exists.
• Similarity must be substantial and material.
• Accidental similarity does not amount to infringement.
This case established the “impression test” — whether the overall impression of the later work suggests copying.
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Meaning of Infringement of Copyright
Under Section 51 of the Copyright Act, 1957, copyright is infringed when:
1. A person does anything which only the owner has exclusive right to do.
2. A person permits a place to be used for infringing performance for profit.
3. A person sells, distributes, imports or displays infringing copies for trade.
Infringement may occur through:
• Sale or hire of infringing copies
• Distribution affecting owner’s profit
• Public exhibition for trade
• Import of infringing copies into India
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Important Case Laws
Gramophone Company of India Ltd. v. Virendra Kumar Bahadur Pandey (AIR 1984 SC 667)
Importing infringing copies into India amounts to infringement.
Penguin Books Ltd. v. India Book Distributors (AIR 1985 Delhi 29)
Import and sale of foreign editions in India without permission constituted infringement.
K.I. George v. C. Cherian (AIR 1986 Kerala 12)
Doing any act exclusively reserved for the owner amounts to infringement.
Manu Bhandari v. Kala Vikas Pictures Pvt. Ltd. (AIR 1987 Delhi 13)
Recognized moral rights of the author under Section 57.
Girish Gandhi v. Union of India (AIR 1997 Raj 78)
Upheld constitutional validity of criminal provisions under the Act.
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Remedies Against Infringement
The Act provides both Civil and Criminal remedies.
1. Civil Remedies (Section 55)
The owner may file a civil suit for:
(i) Injunction
To restrain the infringer from continuing unlawful acts.
(ii) Damages
Compensation for loss suffered.
(iii) Accounts of Profits
Recovery of profits earned by infringer.
If infringer proves lack of knowledge, only injunction and account of profits may be granted.
Special Rights of Author (Section 57)
Even after assignment of copyright, the author has:
• Right to claim authorship
• Right to restrain distortion, mutilation or modification
• Right to claim damages for harm to reputation
Remedy Against Groundless Threats (Section 60)
If a person falsely threatens another with copyright action:
• The aggrieved party may file a suit
• Seek injunction
• Claim damages
Jurisdiction
Suit may be filed where:
• Plaintiff resides or carries on business
• Infringing copies are sold
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2. Criminal Remedies
Criminal liability ensures deterrence.
Section 63
Imprisonment up to 3 years and fine up to Rs. 2 lakhs.
Section 64
Police may seize infringing copies without warrant.
Section 65
Possession of plates for making infringing copies punishable.
Section 66
Destruction of infringing plates.
Offences by Companies
Directors, managers and persons in charge may be held liable.
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Conclusion-
The concept of infringing copy is central to copyright law. The Act protects not ideas, but the expression of ideas. Courts examine substantial similarity, intention and overall impression. Civil remedies aim at compensation and protection of rights, while criminal remedies act as deterrence. Together, they ensure protection of intellectual property and discourage piracy.
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MCQs on Infringing Copy & Infringement of Copyright
1. “Infringing copy” is defined under which section of the Copyright Act, 1957?
A. Section 14
B. Section 2(m)
C. Section 51
D. Section 55
Answer: B
2. Copyright infringement is primarily defined under:
A. Section 2
B. Section 51
C. Section 57
D. Section 63
Answer: B
3. Copying of ideas, themes or historical facts amounts to infringement when:
A. Always
B. Never
C. When expression and presentation are substantially copied
D. When title is similar
Answer: C
4. The landmark case laying down tests of infringement is:
A. Manu Bhandari v. Kala Vikas Pictures
B. Gramophone Co. v. Virendra Pandey
C. R.G. Anand v. Delux Films
D. Penguin Books v. India Book Distributors
Answer: C
5. Import of infringing copies into India amounts to infringement under:
A. Section 14
B. Section 51
C. Section 57
D. Section 60
Answer: B
6. Maximum punishment under Section 63 is:
A. 1 year imprisonment
B. 2 years imprisonment
C. 3 years imprisonment
D. 5 years imprisonment
Answer: C
7. Which of the following is a civil remedy?
A. Seizure by police
B. Imprisonment
C. Injunction
D. Arrest without warrant
Answer: C
8. Moral rights of the author are protected under:
A. Section 55
B. Section 57
C. Section 60
D. Section 63
Answer: B
9. Police power to seize infringing copies without warrant is provided under:
A. Section 60
B. Section 63
C. Section 64
D. Section 65
Answer: C
10. If similarity between two works is purely accidental, then:
A. It is always infringement
B. It is criminal offence
C. It is not infringement
D. It is civil wrong only
Answer: C
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Frequently Asked Questions (FAQs)
1. What is an infringing copy?
- An infringing copy is a reproduction of a copyrighted work made without the permission of the owner in violation of the Copyright Act, 1957.
2. Does copying an idea amount to infringement?
- No. Copyright protects expression of ideas, not the ideas themselves.
3. What is meant by infringement of copyright?
- It means doing any act exclusively reserved for the copyright owner without permission.
4. Is importing pirated books into India an infringement?
- Yes. Import of infringing copies amounts to infringement under Section 51.
5. What civil remedies are available?
- Injunction, damages, and account of profits.
6. What criminal punishment is prescribed?
- Imprisonment up to 3 years and fine up to ₹2 lakhs.
7. What are moral rights of the author?
- Right to claim authorship and protect work from distortion or mutilation (Section 57).
8. Can police seize infringing copies without court order?
- Yes, under Section 64.
9. Who can file a suit for infringement?
- The copyright owner or his authorized agent.
10. What test is applied by courts to determine infringement?
- The “substantial similarity” or “impression test” as laid down in R.G. Anand v. Delux Films.
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