Copyright Infringement Action

No, copyright registration under Section 44 of the Copyright Act, 1957 is not mandatory for the right to exist or for filing an infringement suit. Copyright subsists automatically upon creation and fixation of the original work. However, registration with the Copyright Office creates a public record and is treated as prima facie evidence of ownership and validity in court proceedings, which significantly strengthens the rights holder's position during litigation. Registration is therefore strongly advisable before taking action.

Under Article 60 of the Limitation Act, 1963, a suit for infringement of copyright must be filed within three years from the date on which the infringement first occurred. However, where infringement is continuous or ongoing, the cause of action is treated as recurring, and the three-year period runs from each fresh act of infringement. It is advisable to initiate action as soon as infringement is discovered to preserve the full range of remedies and avoid complications in calculating damages.

Yes. Courts in India routinely grant ad interim injunctions in copyright cases at the time of filing or shortly thereafter, provided the plaintiff can demonstrate a prima facie case of ownership and infringement, that the balance of convenience favours the plaintiff, and that irreparable harm will result if relief is not granted. These interim orders can immediately restrain the infringer from continuing the infringing activity while the main suit is adjudicated, which may take months or years to conclude.

Under the Copyright Act, 1957, the rights holder may recover actual damages suffered as a result of the infringement, conversion damages equivalent to the market value of infringing copies, and accounts of profits earned by the infringer. The court also has discretion to award additional punitive damages in cases of flagrant infringement. Legal costs may also be awarded. The quantum of damages depends on evidence of actual loss, the scale of infringement, and the infringer's revenues from the infringing activity.

Section 63 of the Copyright Act, 1957 prescribes imprisonment of not less than six months extendable up to three years, and a fine of not less than fifty thousand rupees extendable up to two lakh rupees for knowingly infringing copyright. For repeat offences, the minimum imprisonment is one year and the minimum fine is one lakh rupees. The police may search and seize infringing copies without a warrant under Section 64, and the offence is cognisable in cases of second and subsequent convictions.

Rights holders may send takedown notices to intermediaries including websites, social media platforms, ISPs, and e-commerce marketplaces under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Intermediaries are required to acknowledge such notices within twenty-four hours and take down infringing content within seventy-two hours of receipt. A valid notice must identify the infringing content, state the basis of the rights holder's claim, and provide contact information. Courts may also issue John Doe orders compelling platforms to remove content.

A John Doe order, known in Indian courts as an Ashok Kumar order, is an ex parte injunction granted against unknown defendants and served on ISPs, hosting providers, and platforms to block access to infringing content or websites even before the specific infringer is identified. Indian High Courts, particularly the Delhi and Bombay High Courts, have granted such orders extensively in film, music, and publishing piracy cases. These orders are particularly effective for restraining online piracy at the time of a major release.

Yes. Computer programmes are expressly included in the definition of literary works under Section 2(o) of the Copyright Act, 1957 as amended. Software code, including source code and object code, is protected from the moment of creation. Infringement includes unauthorised copying, distribution, and making adaptations of the software. The 2012 Amendment also addressed technological protection measures used in software. Software companies may take both civil and criminal action under the Copyright Act in addition to contract remedies.

Yes, Indian courts have exercised jurisdiction over foreign-hosted platforms where the infringing content targets Indian audiences or the copyright owner is Indian. Courts have issued blocking orders directing the Department of Telecommunications and Indian ISPs to block access to infringing foreign websites under both the Copyright Act and the Information Technology Act, 2000. Rights holders may also pursue parallel action under the laws of the jurisdiction where the platform is hosted, including DMCA notices for US-based platforms.