Infringement of Copyright

Meaning of Infringement

Reproduction, publication, performance, communication to public, adaptation

Copyright infringement occurs when a person, without the permission of the copyright owner, exercises any of the exclusive rights conferred on the owner. This includes reproduction of the work, publication, public performance, communication to the public (e.g., via television or online), and making adaptations of the work.

Example 1. A person scans and uploads an entire book to a website without the author's consent.

Answer:

This constitutes reproduction and communication to the public—an act of copyright infringement.

Types of Infringement

Primary Infringement (Direct copying)

This type of infringement involves direct, unauthorized use of a protected work, such as copying a song, reproducing a book, or using a painting in a video without the author's permission.

Secondary Infringement (Distribution, facilitating infringement)

Secondary infringement includes acts such as selling pirated copies, importing infringing materials, or enabling access to unauthorized copies, even if the infringer is not the one who directly made the copies.

Example 2. A shop sells pirated CDs of a popular music album.

Answer:

This is a case of secondary infringement, as the seller facilitates the illegal distribution of copyrighted material.

Substantiality of Infringement

Copying a substantial part of the work

Even if the whole work is not copied, reproduction of a substantial or significant part may still amount to infringement. What is considered "substantial" depends on the quality and importance of the part copied, not merely the quantity.

Example 3. A person copies the climax scene of a movie and posts it online without permission.

Answer:

This is infringement, as the climax is a critical and substantial part of the copyrighted work.

Limitations on Copyright (Exceptions and Fair Dealing) (Section 52)

Fair Dealing for Certain Purposes

Private study, research, criticism, review, reporting current events

Section 52 of the Copyright Act, 1957 provides certain limitations and exceptions to copyright protection. Under the doctrine of fair dealing, the use of copyrighted material is not considered infringement if it is for specific purposes such as:

Private or personal use, including research and study
Criticism or review of the work
Reporting of current events and current affairs

This provision ensures a balance between the rights of the copyright holder and public interest in accessing and using creative content for legitimate purposes.

Example 1. A student copies a few paragraphs from a research article for private study purposes.

Answer:

This qualifies as fair dealing under Section 52 and does not constitute copyright infringement.

Other Exceptions

Educational purposes

Reproduction of copyrighted material by a teacher or a student for instructional use in educational institutions is permitted. This includes classroom teaching and the preparation of examination materials.

Religious purposes

Use of copyrighted works in the course of religious ceremonies or celebrations held by the public (e.g., singing hymns in a church) is not considered infringement.

Reporting of current events by news agencies

Use of copyrighted material by the press or other media for reporting current events is permissible under fair dealing, provided it is accompanied by acknowledgment of the source.

Use of works in judicial proceedings

Any use of copyrighted material in legal proceedings, such as during trials, is exempted from being considered infringement.

Example 2. A news channel plays a clip from a recent movie while reporting a news story related to the film's release.

Answer:

This use may be considered fair dealing for the purpose of reporting current events and is not an infringement under Section 52.

Example 3. A court displays a copyrighted diagram as evidence in a public hearing.

Answer:

This falls under the exception for judicial proceedings and is not copyright infringement.