The remedies for infringement of copyright can be classified into two categories: civil remedies and criminal remedies.
Civil Remedies for Infringement
The following are the civil remedies available for copyright infringement in India:
- Injunctions: An injunction is an order issued by a court that prohibits the infringer from continuing to infringe the copyright. An injunction can be temporary or permanent and can be obtained during the pendency of a lawsuit or after a final judgment.
- Damages: The copyright owner can claim monetary damages for the infringement of copyright. The damages can be in the form of compensation for the loss suffered by the owner or for the profits made by the infringer.
- Account of profits: The copyright owner can claim an account of profits from the infringer. This means that the infringer is required to provide a detailed account of the profits made by him/her through the infringement of the copyright.
- Delivery up: The court can order the infringer to deliver up all infringing copies of the work to the copyright owner.
- Conversion: In cases where the infringer has made unauthorized copies of the work, the court can order the infringer to surrender all such copies to the copyright owner.
Criminal Remedies for Infringement
The Copyright Act, 1957 provides for criminal remedies for willful infringement of copyright. The following are the criminal remedies available for copyright infringement in India:
- Imprisonment: The Act provides for imprisonment of the infringer for a term that can range from six months to three years.
- Fine: The infringer can be fined for a sum that can range from fifty thousand rupees to two lakh rupees.
- Seizure and forfeiture: The court can order the seizure and forfeiture of all infringing copies of the work and any materials used in the infringement.
