Copyright Introduction

Remedies for Infringement

It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are civil remedies- i.e., either injunction or damages.

Usually it consists of three kinds of remedies against infringement of copyright, viz-
1. Civil remedies
1 Injunction damages or account of profit, 
2 delivery of infringing copy, and 
3 damages for conversion.

2. Criminal remedies
1 Imprisonment of the accused or imposition of fine or both. 
2 Seizure of infringing copies. 
Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

3. Administrative remedies
➔Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.