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Legal service India => Copyright laws in India => Topic started by: SUNAABH SARKAR on April 11, 2016, 08:43:41 PM

Title: Am I infringing copyright laws?
Post by: SUNAABH SARKAR on April 11, 2016, 08:43:41 PM
Hi, I'm new to this forum, and, certainly not connected in any way with the legal machinery. Hence I am not sure if this is the right forum platform for my issue. I request the Admin to kindly transfer this post to the appropriate platform in case this is not the right one.

I use a legal licensed software for my design works. However, occasionally during the work process and job demands, files originally created (by third parties) outside my office in machines other than mine need to be edited in my office using the legal software. I have no way to ascertain if file that was originally created outside my office was created using a legal/ licensed software.

Incase the original file was created using an illegal/ pirated software and subsequently edited in my office using a legal/ licensed software, am I culpable of violating copyright laws u/s 63b of Indian Copyright Act 1957 of India or any other copyright laws in India.

Deeply appreciate a reply. Thanks and regards.
Title: Re: Am I infringing copyright laws?
Post by: SUNAABH SARKAR on April 11, 2016, 09:08:18 PM
Sorry, I guess the issue needs a little more clarity... What I specifically want to know is if by editing such files, I am violating the original but pirated software manufacturers copyrights, by editing the drawings originally made using the legal/ pirated software but edited using a legal/ licensed software made by a different company which sports features of compatibility of file usage, editing and sharing... I hope this helps to understand the issue better.
Thanks again
Title: Re: Am I infringing copyright laws?
Post by: SUNAABH SARKAR on April 11, 2016, 09:28:35 PM
Also kindly clarify if under the circumstances explained in my earlier posts, I am culpable under section 69 of the copyright act 1957 of India...
Thanks
Title: Re: Am I infringing copyright laws?
Post by: rajgopal sripathi on April 12, 2016, 07:04:03 AM
Hi
First if the third party software(file.images/)  has been provided by your customer for you to work upon, then you do not need to worry at all as these have been provided by your customer.

If you are downloading images from Internet which are available to you on free download basis, then these come under copy left category . Copyleft is like a license or an agreement for a user using the copyleft work, specifically for software. As per the terms of copyleft, any person has right to freely use, distribute, modify software code but at the same time the user must donate the modified version of the software code under similar terms and condition to freely use, distribute and modify the modified version.

We have some thing called fair use under Indian Copyright in terms of computer software
1) Any Software saved in hard drive/ CD-ROM/DVD or USB drive as a backup copy for personal use will be considered as fair use.
2) Making copies or adaptation of the computer programme from a personally and legally obtained copy for non-commercial personal use.
3) Using software for personal machines will be considered as fair or unfair depending on the terms of the license:
4) Depending upon the licensing details a single license on a single device is considered as fair use.
5) Installation of licensed software meant for a single machine but used on two different personal machines may not be considered fair.
6) Downloading genuine Software from authorized link: Downloading and using software from non-genuine link/source is considered as unfair. For example, a person purchases a copy of software from a commercial group and further distributes it freely or gains commercial benefits by uploading it on a downloadable website. Source/ Link of website on which this software is uploaded will be considered as a non-genuine link.
7) Decompiling software to fix an issue is considered fair:

Hope this helps.
Title: Re: Am I infringing copyright laws?
Post by: SUNAABH SARKAR on April 12, 2016, 08:27:59 AM
Thank you Sir for the detailed response. Yes I am kind of more clear than I had been so far. However, I still need a clarification

In my case,
1. I'm sure, I do not have any unauthorised software installations in my system.
2. The client has not provided me with a software (Eg. Autodesk, Microsoft products etc etc) I use a perfectly legal and licensed substitute software to perform my works.
3. The clients often provide me with drawing files to work upon for further development which may have been originally created using unlicensed software. I have no means to confirm the legal validity of the software used to create the drawings. On my part I edit those files using a legal software different from the one used to make the original drawing file. Is doing so illegal...?

Thanks again for your time and patience