Lawfarm Team
Asked June 17, 2016

infringement of the copyright ownership

  • 1 Answer
  • 169 Views

I saw my article published on an internet site, without my consent. This is blatant infringement of the copyright ownership held by me. What is the best possible action which could be taken against such online infringements?

Answer 1

S. 14 of the Indian Copyright Act, 1957[1] provides you the exclusive right to reproduce your literary work, i.e., your article in this case. As stated by you, since the internet site did not have your consent to publish your article, it can be rightly assumed that you had not granted license to publish the sameThe site, thus, has infringed your copyright, under S. 51 of the Copyright Act, 1957[2], by publishing your article, which was an exclusive right provided to you by the act.

Also, you can utilize the concept of ‘plagiarism’ to take action against the site. Plagiarism is ‘the practice of taking someone else's work or ideas and passing them off as one's own.’ Since, the site copied your authored and owned article, that too without acclaiming due credit to your authorship in the publication, it would amount to the violation of the ‘special right’ credited to the author under S. 57 of the Indian Copyright Act, 1957[3]. Hence, the online site is liable under the above mentioned provision of the Indian Copyrights Act, 1957, whereby you can claim your authorship for the article.

You can either pursue a civil case against the online site for an injunction order and can also claim damages under S. 55 of the Copyright Act, 1957[4]; or you can file criminal proceedings for plagiarism and infringement of your copyright under S. 63 of the Copyright Act, 1957[5].

 

[1] Available at: https://indiankanoon.org/doc/1129646/.

[2] Available at: https://indiankanoon.org/doc/1038145/.

[3] Available at: https://indiankanoon.org/doc/1710491/.

[4] Available at: https://indiankanoon.org/doc/1520267/.

[5] Available at: https://indiankanoon.org/doc/363642/.

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