Act deemed to be infringement of copyright

Zafar Bhat. Dated: 7/14/2017 11:16:07 AM

ZAFAR BHAT Jammu, July 13 Right to copyright is an exclusive right of the owner of the copyright and person other than the owner of the copyright cannot do anything with respect to the copyright except with the consent of the owner of the copyright. Whereas, infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. Therefore, it is protected by law. However copyright in a work shall be deemed to be infringed when any person does anything, the exclusive right to do which by Act is conferred upon the owner of the copyright. Under the copyright Act, 1957, the section 51 provides for the acts which are deemed to be the infringement of copyright. Government need to take serious note of piracy and infringement of copyrights, so that effective measure would be undertaken to protect the right of individual in the society. The issue which had been in limelight and controversy was about the infringement of the literary work. But it has been laid down that a guide to a textbook is not an infringement of the literary work. Merely selecting passages from the original textbook and knitting them together in a guide book does not constitute abridgement of the copyright in the textbook. Contrastingly if there were a motive to complete, it would render the dealing unfair. If substantial and vital parts of the work are reproduced, the intention to appropriate to the infringer the labour of others for his own profits is made out and there need not be proof of any independent oblique motive.

 

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