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Copyright Infringement ðŸšŦ

Definition: Using a copyrighted work without the owner's permission in a way that violates their exclusive rights.

Common Word: Piracy (Stealing creative content).

Examples of Copyright Infringement 📋

  1. Downloading pirated movies/songs from illegal websites.
  2. Photocopying entire textbooks instead of buying.
  3. Using someone's photo on your website without permission.
  4. Playing copyrighted music in your restaurant without license.
  5. Selling fake DVDs of movies.
  6. Copying software (Microsoft Office) without buying.

Real Case: In 2019, Tamil Rockers website was blocked for uploading pirated movies. Owners faced criminal charges.

Remedies for Copyright Infringement ⚖ïļ

Civil Remedies:

  1. Injunction: Court order to stop infringing.
  2. Damages: Compensation for loss suffered.
  3. Account of Profits: Infringer must give all profits made.

Criminal Remedies (Section 63 of Copyright Act):

  • Imprisonment: Up to 3 years.
  • Fine: Up to â‚đ2 Lakhs (Can go up to â‚đ3 Lakhs for second offense).
  • Both: Prison + Fine.
Police Can Seize Without Warrant

Under Section 64, police can seize pirated copies and equipment used for infringement (like DVD burning machines) without warrant.

This is why raids happen on shops selling fake DVDs/CDs!

Exceptions: Fair Use 📖

Fair Use / Fair Dealing = Using copyrighted work WITHOUT permission is allowed in certain cases.

When is it allowed? (Section 52)

  1. Private Use: For personal study/research (Not commercial).
  2. Criticism/Review: Quoting parts of a book to review it.
  3. News Reporting: Using clips/photos in news.
  4. Education: Teacher showing a film in class.
  5. Parody: Making fun of the original (within limits).

Example:

  • Allowed: Quoting 2 paragraphs from Harry Potter in your book review.
  • NOT Allowed: Copying entire Harry Potter and selling as your own.

Online Piracy & ISP Liability ðŸ’ŧ

Question: If someone uploads pirated movie on YouTube, is YouTube liable?

Answer: Generally NO (If they act on takedown notices).

Safe Harbor (Section 79 of IT Act):

  • Intermediaries (YouTube, Google, ISPs) are NOT liable if:
    1. They don't have actual knowledge of infringement.
    2. They remove content when notified (DMCA Takedown).

But: If they ignore complaints, they can be held liable.

Quiz Time! ðŸŽŊ

Test Your Knowledge

Question 1 of 5

1. Copyright infringement is commonly known as:

Theft
Piracy
Borrowing
Sharing

ðŸ’Ą Final Wisdom: "Support creators. Buy original. Piracy kills creativity!" ðŸŽĻ🎎📚

Next up: Trade Secrets - The Secret Sauce! ðŸĪŦ

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