What is the term duration of Copyright protection?
The term of copyright varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).
- In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
- In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication.
- When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.
The remedies available to the owner for copyright infringement
Courts are empowered to grant the following relief in case of infringement of copyright:
- Temporary and permanent injunction (Prohibition to continue the act of infringement).
- Impounding and destruction of all infringing copies.
- Actual monetary damages plus the infringer's profits.
- Statutory Costs - Court charges and reasonable attorneys' fees.
- The Court trying any offence, under the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright.
- In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.
- The offence of infringement of copyright is punishable with imprisonment which may extend from a minimum period of six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.