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Infringement in Agency Management

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Infringement in Agency Management
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Sunanda K. Chavan
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Infringement in Agency Management - September 3rd, 2010


Film: If a substantial part of the film is reproduced without the approval from the producer or the copyright holders, without giving footage or the credits to the original makers.

Sound Recording: In respect of reproduction due credits are to be given, in case of remix due footage and credits are to be given before or during the course of the songs being sung in which ever manner. If no credits are given then it amounts to infringement.

Terms of Copyright:

Except otherwise, copyright shall subsist within the lifetime of the authors, until 60 years from the beginning of calendar year next following the author dies.

Copyright in terms of anonymous and pseudonymous works –

Shall subsist until 60 years from beginning of calendar year, which the author dies.

Reference to the author shall, in the case anonymous work of joint authorship is construed.

Where the identity of the author is disclosed reference to that author.

Where the identity of more author than one is disclosed, as reference to the author

who dies among such authors.

In case of Joint authors copyright shall subsist till the end of 60 years from the calendar where the last author dies.

Procedure for applying License for Copyright:

Person intending to apply for license shall apply to Copyright Board for a license to produce and publish their current work or prospective works.

The intending licensee shall produce all the documentary evidence substantiating their claims with all proofs etc.

The Copyright Board shall record the application and shall publish in a leading newspaper about the claim of the intending licensee.

The Copyright Board shall provide around 2 months for recording NOC, providing show cause why the copyright should not be granted.

If no NOC is obtained in 2 months time, then the Copyright Board shall invite the intending licensee to make a formal presentation with all the supporting.

Once the Presentation is made and if the Copyright Board is satisfied about the claim then they shall call upon the intending licensee to pay the prescribed fees.

Normally the License is granted within 1 month of the intending licensee completing the formalities.

Once the License is granted then the holder gets exclusive license.

The publishers shall also state the retail price to enable to calculate the royalty fees.

License to produce and Publish Translation:

Person, who wants to apply for translation in any language, shall apply for the same after 7 years of its first publication.

Not with standing if the publication is used for research and development or for educational purpose then the application can be made after 3 years.

Remedies available:

Civil Remedies:
Injunction and Damages u/s 55:

Defendant not aware of copyright existed then only injunction, a decree of whole or part of the profits made by the defendant by sale of such publication as court deems fit.

All copies, plates and materials used indented for production shall be the property of the owners of copyright – accordingly make proceedings for the recovery of the possession.

Remedies for Groundless threat of Legal Proceedings:

Person claiming to be the owner of the copyright in any work, threatens any other person with any legal proceedings, in respect of alleged infringement – the aggrieved party can institute a declaratory suit that the alleged infringement is not an infringement of any legal rights of the person making such threat- can seek injunction of that threat, till the disposal of the case after the final hearing.

Criminal Remedies:

The aggrieved party to lodge a FIR reports with the Police alleging such infringement.

The police shall present the matter with a Judicial Magistrate, who on satisfaction shall issue a search warrant to the concerned Police Station to initiate an action.

The Police Inspector not below the rank of Sub-inspector of Police can issue a search warrant can seize and confiscate the material.

The Police inspector upon confiscation shall issue a “Panchnama” to the concerned person on whose premises the seizure is conducted.

The Police shall lodge the seized materials to the Judicial Magistrate as soon as possible and practicable.

The person found guilty shall be punishable with imprisonment for a term between 6 months extendable up to 3 years and a fine, which may range between Rs.50000/- to Rs.3lakhs or both.

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