This is to bring into your notice that under The Copyright Act, 1957 a work shall not be deemed to be published or performed in public (via hard copies or video or any other format), if published, or performed in public, without the licence of the owner of the copyright (to issue copies of the work to the public not being copies already in circulation- CHAPTER III).

India follows a hybrid approach that allows-

·       fair dealing with any copyrighted work for certain specifically mentioned purposes and

·       certain specific activities enumerated in the statute.

In this case certain specific purposes for which content can be used are:

1. Making college/course notes

2. keeping as study material

3. making assignments for college purposes

4. private or personal use, including research, and education,

Remedies available against copyright infringement in India

The Copyright Act 1957 provides three kinds of remedies - administrative remedies, civil remedies and criminal remedies. The administrative remedies provided under the statute include detention of the infringing goods by the customs authorities. The civil remedies are provided under Chapter XII of the Copyright Act 1957 and the remedies provided include injunctionsdamages and account of profits. The criminal remedies are provided under Chapter XIII of the statute and the remedies provided against copyright infringement include imprisonment (up to 3 years) along with a fine (up to 200,000 Rupees).

 

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