Monday, October 17, 2022
According to a 2019 report, 500 hours of videos are uploaded each minute on Youtube, which is the second-most popular social media platform, the first being Facebook.
Considering the amount of content being uploaded every minute, and the unfettered access to a plethora of content online, it becomes pertinent to have a discussion on the critical bearing this has on the infringement of Intellectual Property.
The prevalence of copyright and trademark infringement has reached an all-time high with the development of technology, the widespread use of and access to the internet in general, and the rise in social media usage in particular. Therefore, it is crucial to first understand one’s rights and how to preserve them. Additionally, to keep up with the legal advancements, in order to exercise the rights conferred on the original creators or copyright owners to their fullest potential thus achieving the goal so intended by law.
The two most common types of infringements are :
We shall cover Copyright Infringement in this blog.
Copyright infringement in cyberspace can be performed in myriad ways depending on what is being infringed. Below is a brief account of infringements that can occur and the ways in which they are performed.
This can be by way of hotlinking, which is a kind of theft, as hosting a link on one’s own website eats up the bandwidth of the site it was taken from whilst also depriving them of the benefit of increased traffic; Multimedia infringement is a whole category in itself as it encompasses the infringement of literary, artistic, cinematograph films, photographs, dramatic works, musical works including sound recordings. The infringement can be carried out by copying the works of the original creator without his or her permission, distributing the original work for purposes other than educational, printing the artistic or literary works without permission of the creator; Using a sound recording without the creator’s consent to dub it and sell it through any type of multimedia product.
In the social media realm, using the content that is available on the platform without the owner’s prior consent, re-posting and claiming ownership or production rights of previously protected works, re-posting and calming saving or sharing of works protected under copyright.
Software piracy is the unauthorised use of copyrighted software to reproduce and distribute the software and is also a kind of infringement.
In India, we have the Copyright Act, 1957 and the Copyright Rules which regulate, and lay down rules as to the registration, protection and penalties against Copyright infringement.
What if the copyright is not registered?
The law does not mandate the registration of copyright for the protection of original work as it is automatically acquired after the creation of work. However, in the event that the original creator or owner wants to institute a civil or criminal proceeding against an infringement, copyright registration becomes mandatory. 
Why must one get their copyright registered?
Now that we are aware of the several advantages it has, it becomes essential to know the procedure for registering one’s copyright
How can one get their copyright registered?
What can be registered – literary works, books, manuscripts, artistic (paintings), cinematographic films, photographs, dramatic works, musical works including sound recordings, software, computer programmes, fashion designs
Who can register- The author, owner of exclusive rights over the original content, authorised agent (a person authorised to act on behalf of the author, owner of exclusive rights, copyright claimant), copyright claimant ( person or organisation)
The documents are to be submitted either by post or by hand. The applicant’s signatures must appear on the application.
What is NOT Copyright infringement?
Knowing what constitutes intellectual property infringement is vital, but understanding what categorically does not constitute infringement also becomes pertinent.
If found to be in consonance with the conditions prescribed in law an act can be regarded as NOT having infringed copyright. These are :
What to do when your registered copyright has been infringed?
Now that we know what is a copyright, what constitutes its infringement, and the protective measures we can adopt for preventing intellectual property infringement, it becomes essential to know the course of action to be followed in the event of the intellectual property being compromised.
 Dhiraj Dharmadas Dewani vs Sonal Info Systems Pvt Ltd