Page 45 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

Copyright infringement occurs when a person without a license or consent from
the owner of copyright does any act, the exclusive right of which vests with the
owner of copyright under the Copyright Act or violates any condition imposed
when granting such license or consent, the same amounts to infringement of
copyright.

For instance:

(i) You cannot copy someone else’s script and include it in your own script.
That would amount to plagiarism i.e., copyright infringement.

(ii) If a broadcaster telecasts a feature lm on its television channel without
obtaining a license from the owner of copyright in the feature lm (e.g.,
producer), the same would amount to infringement of the exclusive right
of the owner to communicate the feature lm to the public via the means
of a broadcasting television channel.

(iii) You cannot make a remake of a lm without procuring the remake rights
from the original producer.

(iv) You cannot use a photograph taken by someone else without his
permission.

(v) You cannot use another’s song in your movie.

Instances of copyright infringement are not limited to above illustrations but
extends to all acts the exclusive rights of which are conferred on the authors
and owners under Section 14 of the Copyright Act, and further extends to all
kinds of piracy of works, i.e., both physical and digital piracy. Physical piracy of
works involves duplicating or reproducing of works on a mechanical contriv-
ance. For instance, creation and sale of DVDs of a movie without the consent of
the owner of the movie. Digital piracy, on the other hand, entails reproduction
of copyright-protected work via means of digital distribution and lacks the
requirement of capital investment to commit large-scale infringement. For
instance:

4 1