| 1. Is copyright infringement a criminal offence?
Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
2. What are the punishments for a criminal offence under the copyright law?
The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.
3. Is copyright infringement a cognizable offence?
Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.
4. How are the seized infringing copies or plates disposed off?
The Court may order delivery to the owner of the copyright all such copies or plates.
5. Who is responsible for copyright offence committed by a company?
Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.
6. Which court can try copyright offence cases?
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act.
7. Can a police officer seize infringing goods without warrant?
Yes. A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.
....source: http://copyright.gov.in/handbook.htm |