Page 47 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

It also amounts to infringement of copyright if a person sells, lets for hire,
distributes, exhibits in public or imports into India an infringing copy of any
work. Infringing copy includes reproduction of literary, dramatic, musical or
artistic work other than in the form of a cinematograph lm, a copy of a
cinematograph lm made on any medium and in relation to sound recording
means any other recording made comprising the earlier sound recording.

Infringement of copyright is both a civil dispute and criminal offence in India
and abetting (i.e., instigating, encouraging or promoting a person into commit-
ting an offence) infringement is also an offence under the Indian Copyright Act.
In case of civil remedies, the applicant is entitled to injunction, damages,
accounts and other remedies available for infringement of rights under the
Indian laws.

If the copyright infringement is tried as a criminal offence, then the offender is
liable to imprisonment for not less than 6 (six) months and extending up to 3
(three) years and with ne not less than INR 50,000/- and extending up to INR
2,00,000/-, in case of rst conviction and in case of second and subsequent
convictions the imprisonment may be for not less than 1 year which may
extend to 3(three) years and ne of not less than INR 1,00,000/- which may
extend to INR 2,00,000/-. As per judicial precedents, the criminal offence of
copyright infringement is a cognizable (police of cer may arrest without a
warrant) and non-bailable offence.

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