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Legal service India => Copyright laws in India => Topic started by: Alf on December 19, 2016, 08:13:54 AM

Title: copyright in writing
Post by: Alf on December 19, 2016, 08:13:54 AM

         I had a few doubts regarding copyright issues with regard to writing. For the sake of convenience, I'd like to break down my doubts as follows:

1) If a writer writes articles online for money for clients/requesters for the use of such clients/requesters, then, in case of copyright infringement, who would be held responsible for it, the writer, or the client who uses it on his own blog, website, etc?

2) What is the extent of copyright infringement? For example: if a person reads a website page and one line on the page stated "bicycles were very common during the 90s and as a result the air quality was better......", and he decides to use the exact sentence in his own article, will that be copyright infrigement?

3)  If a Indian person uses copyright material registered in USA, then how will this copyright claim be pursued? Will the US copyright holder need to file a case in India?

4) If a person writes 100 books and each single one of them infringes on someone's copyright: then what is the maximum punishment for it? Is it going to be separate punishment (if proven)for every single instance of copyright infringement or only one punishment?

Thanks in advance.
Title: Re: copyright in writing
Post by: advocate-lyngdoh on December 19, 2016, 08:13:54 PM
answer to question one: Copyright lies with the author unless of course it is copyrighted in the name of the publisher, that too is possible when the author gives an NOC in favour of the publisher.

answer to question two: that falls under the term Fair USE, that is not infringement

answer to question three: The US copyright holder will file in America, and don't worry in matters related to Intellectual Property the whole world is One law, as India is a member of Bern Convention just as America.

answer to question four: In infringement matters it all ends in Mediation, and all the earnings of the infringer belongs rightfully to the owner which is given back along with compensation.
Title: Re: copyright in writing
Post by: Alf on December 20, 2016, 01:22:22 AM
Thanks. Regarding question one, I think I wasn't able to explain properly. I meant, if the author "A"  who wrote an essay or article( for a client) had infringed on some other author "B"'s copyright, and  "A"'s client uses or publishes it, then will the writer "A" be responsible or the client who uses it?
Title: Re: copyright in writing
Post by: IEBS_Gurgaon on July 07, 2017, 06:40:25 AM
If the client published the article mentioning the author name as writer A then A will be guilty for infringing to author B Otherwise publisher will be responsible. PS Should not be considered as legal opinion.