Applicable Laws & Procedure for Reporting Copyright Infringement by a Foreign Individual or a Foreign Corporation in India: Legal Advice by FDI Attorney in India
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When a foreign individual or a foreign corporation believes that their copyright is being infringed upon in India, it is important to understand the applicable laws and procedures for reporting and addressing copyright infringement. Copyright infringement occurs when someone uses, reproduces, distributes, or displays copyrighted works without the permission of the copyright owner. This article provides an overview of the applicable laws and procedures for reporting copyright infringement by a foreign individual or corporation in India.
Applicable Laws:
The Copyright Act, 1957: The Copyright Act is the primary legislation governing copyright protection in India. It grants exclusive rights to copyright owners and provides legal remedies for infringement. The Act protects various types of works, including literary, artistic, musical, and cinematographic works, as well as computer programs and sound recordings.
Procedure to Report Copyright Infringement:
1. Gather Evidence: The first step in reporting copyright infringement is to gather evidence to support your claim. This may include copies of the copyrighted work, records of creation or publication, evidence of ownership, and any evidence of the infringing activity, such as copies of infringing materials or website links. Strong evidence strengthens your case and increases the chances of successful enforcement.
2. Consult with an Intellectual Property Attorney in India: It is advisable to consult with an intellectual property attorney who specializes in copyright law in India. They can provide guidance on the best course of action and help you navigate the legal process. An attorney will review your evidence, assess the strength of your case, and advise you on the appropriate legal remedies available.
3. Cease and Desist Letter: Similar to trademark infringement, sending a cease-and-desist letter to the alleged infringer is often the first step in addressing copyright infringement. The letter should clearly state the basis of your claim, provide evidence of the infringement, and demand that the infringing activities cease immediately. It may also request compensation for damages caused by the infringement. The letter should be sent by registered post or through a reliable courier service to ensure proof of delivery.
4. Notice and Takedown: If the copyright infringement involves online platforms, such as websites or social media platforms, you can avail the “notice and takedown” procedure. Under this procedure, you can send a notice to the website or platform hosting the infringing content, requesting them to remove or disable access to the infringing material. Most platforms have designated procedures and designated agents to receive such notices. The notice should comply with the requirements specified by the platform and provide sufficient evidence of the infringement.
5. File a Complaint with the Cyber Cell or Police: If the copyright infringement involves significant damages or is not resolved through cease-and-desist letters or notice and takedown procedures, you may consider filing a complaint with the Cyber Cell of the local police. The complaint should include details of the copyright infringement, evidence supporting your claim, and any relevant information about the infringer. The police may conduct an investigation and, if necessary, initiate legal proceedings against the infringer.
6. Copyright Infringement Lawsuit: If the infringing activities persist despite the cease-and-desist letter or if the copyright infringement involves substantial damages, you may consider filing a copyright infringement lawsuit in an appropriate court. The lawsuit will seek legal remedies such as injunctions to stop the infringing activities, damages or compensation for losses incurred, and legal costs. Copyright infringement lawsuits in India are filed before the District Courts or the High Court, depending on the jurisdiction and the value of the claim.
7. Working with the Copyright Office: The Copyright Office in India is responsible for the administration and registration of copyrights. While registration is not mandatory for copyright protection, it can provide additional evidentiary value. You can submit evidence of copyright infringement to the Copyright Office, which can be used to support your legal actions.
Authored By: Adv Anant Sharma
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