5 legal remedies to look out for in case of Copyright Infringement

The Copyrights subsists in various subject-matter such as Artistic works, Literary works, Cinematograph works, Musical works, Sound recording, etc. According to the Incentive theory, the copyright grants a bundle of exclusive right to the owner of the work in order to incentivize, exploit and reap the fruits of his labour and investment in such work for the purpose of earning the livelihood. However, any unauthorised use of these copyrighted work by a third party or use without an appropriate license may give rise to the case of copyright infringement subject to the provisions of Fair use principle and other statutory provisions. Thus the Copyright Act of 1957 provides for several remedies which can be availed by the owner/s of the rights or any such right as the case may be.

  • Interlocutory Injunction

It’s the most relevant remedy which can be availed by an aggrieved copyright owner in case of wanting for an immediate and effective relief in order to prevent further infringement activities and further damage to the business of the copyright owner.

  • John Doe Order

Issuance of a John Doe order is a relevant and appropriate remedy which is to be sought by a Copyright owner who claims to seek injunction against unknown persons who have been allegedly involved in copyright infringements.

  • Damages to goodwill and reputation

In addition to usual compensatory damages, damages to goodwill and reputation are very much relevant on account of undermining the plaintiff’s reputation and goodwill in the market as a result of unauthorised counterfeiting of the concerned copyrighted work.

  • Punitive Damage

Punitive damages have been considered more and more relevant with the increasing activities relating to infringements. These damages can be claimed alongside the compensatory damages and are prayed before the courts in order to deter, punish and educate and strengthening the law enforcement.

  • Criminal Action

Also referred to as criminal remedy, it holds a distinct and independent relevance. In some cases, such as copyright piracy issues, civil remedies might not be sufficient to deter, hence the criminal remedies are availed simultaneously to stop further infringement and punish the infringer.

Jenil is a B. Com from L.S Raheja College Mumbai and an LLB from Indian Law Society's ILS Law College, Pune. He is the specialist in the field of Trademarks, Copyrights, Media and Entertainment Laws. His diverse knowledge in the field of Copyrights, Music, Entertainment Industry, Software and Media has helped many business owners in the form of protecting them from Infringers and Frauds. He also helps investigate upon the infringers on different social media platforms to help take the appropriate legal action against them. He is well versed in niche areas of research on the Trademarks and Copyrights front, which has enabled him to resolve multiple Legal disputes.

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