Copyright infringement occurs when a person, without a valid license, exercises an exclusive right granted to the copyright owner under the Act.
1. What Constitutes Infringement (Section 51)
Copyright is infringed when any person:
- Does anything which is the exclusive right of the owner (reproduction, public performance, translation).
- Permits for profit any place to be used for communication of the work to the public, knowing it constitutes infringement.
- Imports infringing copies of the work into India.
2. The Doctrine of Fair Dealing (Section 52 Exceptions)
Section 52 lists statutory acts that do not constitute copyright infringement, forming the basis of public educational rights:
- Private or Personal Use: Including research and private study.
- Criticism or Review: Of that work or any other work.
- Reporting Current Events: In newspapers, magazines, or broadcasts.
- Educational Purposes: Reproduction by a teacher or pupil in the course of instruction.
📜 Landmark Case: Chancellor Masters & Scholars of University of Oxford v. Rameshwari Photocopy Services (2016)
The Delhi High Court held that the preparation of "course packs" (photocopied compilations of textbook chapters) by a photocopy shop inside a university campus for student use did not constitute copyright infringement. The court ruled that copying for educational instruction under Section 52(1)(i) is not subject to arbitrary volume limits, prioritizing the right to education over absolute copyright claims.
3. Remedies for Infringement
- Civil Remedies (Section 55): Injunctions, damages, or accounts of profits.
- Criminal Remedies (Section 63): Infringement is a cognizable offense, punishable with imprisonment (minimum 6 months up to 3 years) and fines.