No breach of copyright

  • Act/Rule/Legislation

  • Online Link to Act/Rule/Legislation

  • Initial Setup or Ongoing Maintenance

    Ongoing compliance requirement

  • Filing and Maintenance Requirements

    Copyright in a work shall be deemed to be infringed –

    - When any person, without a licence granted by the owner of the copyright or the ‘registrar of `’ under the Copyright Act or in contravention of the conditions of a licence so granted or of any conditions imposed by a competent authority under the Copyright Act;

    - does anything where there lies an exclusive right conferred upon the owner of the copyright; or

    - permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or

    • When any person:

    - Makes for sale on hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
    - Distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright, or
    - By way of trade exhibits in public, or
    - Imports into India, any infringing copies of the work

  • Penalty

    Offence of infringement of copyright or other rights conferred by this Act. Any person who
    knowingly infringes or abets the infringement of-
    (a) the copyright in a work, or
    (b) any other right conferred by this Act, 125[except the right conferred by section 53A]
    126[shall be punishable with imprisonment for a term which shall not be less than six months but
    which may extend to three years and with fine which shall not be less than fifty thousand rupees but
    which may extend to two lakh rupees :
    Provided that 127[where the infringement has not been made for gain in the course of trade or
    business] the court may, for adequate and special reasons to be mentioned in the judgement, impose
    a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand
    rupees.]

  • Application Guidelines / Responsible Persons / Comments

    Not relevant