What constitutes copyright infringement?
Infringement involves direct acts, benefiting from others’ violations with notice, or inducing unauthorized conduct under Section 216.
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What factors determine the length of imprisonment and amount of fine?
Courts determine sentences based on the value of infringing goods and the damage suffered by the copyright owner.
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What are the primary remedies for copyright infringement?
Remedies include injunctions, desisting orders for imports, and payment of actual damages plus legal costs for rights violations.
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When is the maximum criminal penalty mandatory?
Maximum penalties are mandatory for circumvention of technology or altering electronic rights management information during copyright infringement.
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How are actual damages and profits calculated in infringement cases?
Owners recover actual damages and profits; plaintiffs prove sales while defendants must prove all claimed cost elements.
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Is possession of infringing copies for trade a criminal offense?
Possessing known infringing copies for sale, hire, distribution, or public trade exhibition is a punishable criminal offense.
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When can a court double the amount of damages awarded?
Damages double for circumventing technological measures or removing electronic rights management information to facilitate copyright infringement.
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What can be used as prima facie proof of copyright ownership?
Notarized affidavits stating copyright subsistence and ownership serve as prima facie proof in legal proceedings under Section 218.
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Can unpublished works be subject to fair use?
Fair use can apply to unpublished works after considering purpose, nature, substantiality, and market impact factors.
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What rights exist in a “Work of Architecture”?
Architects can control the erection of buildings reproducing their designs, excluding reconstructions or rehabilitations in the same style.
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