Copyright infringement, even if unintentional, can result in fines up to Rs 2 lakh, imprisonment

Copyright is a legal concept that protects the rights of owner who created the work such as art work, music, literary work, dramatic, cinematograph films, sound recording, etc as outlined in the Copyright Act, 1957.

Copyright protection begins as soon as the work is created. For instance, if a photographer captures an image, copyright protection begins instantly, even if the photographer doesn't formally register their copyright.

When someone uses a copyrighted work without obtaining permission or a licence from the copyright holder or the copyright registrar, it's considered as copyright infringement. Copyright infringement falls into two main categories: primary infringement and secondary infringement.

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Primary infringement 

Primary infringement occurs when we engage in activities such as reproducing, displaying, or distributing someone else's copyrighted work without obtaining their permission. Sometimes, people unknowingly or unintentionally commit primary infringement without realising that it could lead to copyright infringement.

For instance, many individuals assume that they can freely use any picture they find on the internet and share it on social media. However, it's vital to note that the majority of pictures are copyrighted unless specified otherwise. Sharing or reposting copyrighted images without proper permission, licence, or credit can result in adverse consequences.

Secondary infringement 

Secondary infringement occurs when we indirectly contribute to copyright infringement or benefit from such infringing activities. One example of a potentially tricky situation is when someone you have hired violates another person's copyright.

Although secondary infringement is not explicitly mentioned in the Act, the courts in several occasions have considered the copyright infringement liability. Secondary copyright infringement can be further classified into two types: contributory infringement and vicarious infringement.

Here is a detailed explanation of these classifications.

Vicarious infringement occurs when we're held responsible for someone else's actions, either because they are acting under our instructions or because we directly gain some benefit from their copyright violation. To prove vicarious liability, two things need to be shown: (i) the person in question had the power to control the infringement, and (ii) they had a clear financial interest in the infringement.

In such cases, a person may not even realise they're infringing on copyright, yet they can still be legally accountable for the violation.

For example, if a company hires a website developer to create their website, and that developer uses copyrighted photos from the internet without the company's knowledge, the company can still be held responsible for the infringement. This is because they benefit financially from the use of these copyrighted photos, even if they didn't know the photos were protected by copyright.

Contributory infringement happens when we actively encourage or lead someone else to play a significant role in a copyright violation. To prove contributory infringement, two things need to be shown: (i) the person had the knowledge about the infringement or had good reason to suspect it, and (ii) they either induced or encouraged the person directly involved in the infringement or made a substantial contribution to the infringement.

The interpretation of the Indian Judiciary in this regard is highlighted in the matter of My Space Inc. v Super Cassettes Industries Ltd (SCIL). T-Series raised allegations against My Space Inc., asserting that it had been exploiting T-Series' music without obtaining the requisite licence.

The single bench declared that My Space was liable for contributory infringement. Thereafter, a division bench of the Delhi High Court, overturned the single bench’s judgement, asserting that My Space Inc lacked actual knowledge of the infringement.

The next question that arises is with respect to the consequences if someone accidentally infringes the copyright

The Act provides civil and criminal remedies to the copyright owner to protect their work from copyright infringement. The civil remedy deals with damages, injunction and accounts, delivery of infringing copies and conversion damages.

Whereas criminal remedy deals with imprisonment for a minimum period of six years and imposition of a fine of a minimum Rs 50,000, which may extend to Rs 2 lakh, search and seizure of infringing goods and delivery of counterfeit goods to the copyright owner.

Upon examining the remedial provisions of the Act, it becomes apparent to us that emphasis has been placed on mens rea i.e., the intent or knowledge possessed by the infringer at the time of the infringement. If it can be proven that there was no intent or knowledge, civil claims are limited, and no criminal penalties will be imposed in the event of unintentional copyright infringement by an individual.

The onus, however, lies on the infringer to establish their defence of lack of intent or knowledge. This is perhaps the most significant challenge in proving the absence of intent or knowledge.

Be aware of copyright laws

Copyright laws grant exclusive rights to the owner over their creations. These rights extend to a vast array of images that populate search engines and the digital landscape. Nevertheless, situations frequently arise in which individuals unintentionally or unknowingly use copyrighted work. In such instances, the presence or absence of intent or knowledge of infringement plays a pivotal role in determining the civil or criminal liability that may be pursued by the copyright owner.

In view thereof, social media / internet becomes a vital part of one’s daily life, thus it is crucial that one must take steps to avoid infringement on copyright and protect the copyright owner or copyright holder and take necessary steps to obtain necessary permission or license when using such images.