Copyrighting Blog

Dear Client,
Copyright infringement refers unauthorized use of someone’s copyrighted work without their permission, thereby violating or infringing various rights of the intellectual property holder, provided under Section 14 of the Indian Copyright Act 1957. While plagiarism only refers to copying someone’s work or idea and showing it as your own, not giving the original owner proper credit, copyright infringement uses copyright for personal or material gain without permission from its original owner. This includes selling, distributing, or making copies of the copyrighted material. In the case of Civic Chandran v. Ammini Amma, 1996, the Hon’ble Kerala High Court established three tests to determine if a work should be considered copyright infringement 1) The amount and value of the work used since the quantitative identification are essential to determine the level of rights infringement. 2) The purpose for which it is taken. 3) The possibility of competition between the two works. If required, hire an Advocate to navigate the issue in the right way.