What needs to do when there is copyright infringement?
Copyright is the author’s right to his/her work. This is an intellectual property right, protected in accordance with the provisions of the law in most countries around the world. So if the copyright is infringed, what needs to be done by the copyright owner?
The acts of copyright infringement nature can be listed as the following:
- Appropriating copyright for literary, artistic and scientific works.
- Impersonate the author.
- Announcing and distributing works that are not allowed by the author.
- Announcing and distributing works having co-author without permission of that author.
- Repairing, trimming or distorting works by any means causing harm to the honor and reputation of the author.
- Copying works that are not allowed by the author, copyright owner, except for the case of self-copying for the purpose of scientific research, teaching of individuals or copying works for storage in the library for research purposes;
- Creating derivative works without permission of the author, copyright owner for the work used to make derivative works, except for the case of converting the work to braille or other language for the blind;
- Using works without permission of copyright owners, no royalties, remuneration and other material benefits;
- Leasing works without paying royalties, remuneration and other material benefits to the author or copyright owner.
- Cloning, producing copies, distributing, displaying or conveying works to the public via the media and digital means without permission of the copyright owner.
- Publishing works without permission of copyright owners.
- Deliberately cancelling or invalidating technical measures made by copyright owners to protect copyright for his/her work.
- Deliberately deleting and changing the management information of electronic form in the work.
- Producing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having a basis to know that the device is invalid of technical measures by copyright owners perform to protect the copyright of your work.
- Making and selling work with the author’s fake signature.
- Exporting, importing and distributing copies of works without permission of copyright owners.
Addressing acts of copyright infringement
For each type of copyright infringement, there will be different penalties. In Vietnam, according to Decree 131/2013/ND-CP, the maximum penalty for infringing copyright for individuals is 250,000,000 VND, and for an organization is 500,000,000 VND.
In India, under the Copyright Act, 1957, criminal action against copyright infringement can be taken if the violation action is severe to a certain extent. The person found guilty of copyright infringement would be liable for punishment for imprisonment for not less than 6 months and up to 3 years, or a fine of at least Rs. 50,000 to Rs. 2 lakhs.
Besides, people who have infringing actions on copyright may also be applied one of the following remedies:
- Forced to remove from the territory of the Socialist Republic of Vietnam or re-export of goods, items and vehicles.
- Forced to destroy goods and items harming human health, animals, plants and environment, cultural products with toxic content.
- Forced to correct the false or confusing information.
- Forced to eliminate infringement on goods, goods packaging, business vehicles and items.
- Forced to correct the author’s name, the name of the work, the name of the performer.
- Forced to evict copyright registration certificates, related right registration certificate.
- Forced to remove copies of works, performances, recordings, video recordings, broadcasting programs in the form of electronics, network and digital environment.
- Forced to return to the owner of the copyright the royalties, remuneration and material benefits obtained from the commission of violations.
What needs to do when there is copyright infringement?
After detecting copyright infringement, the author can send recommendations in order to request individuals and organizations to end their infringing behavior. Depending on the seriousness of the infringement, the author may also send requests to the competent authorities for applying administrative measures.
If the above measures do not work, the author can initiate a civil lawsuit to address the infringement of copyright. If that were the case, the author can use his/her copyright if registered. In case the copyright has not yet been registered, the author will need to have evidence proving that he/she has created the work. Therefore, the author should register their copyright to address infringement more quickly.
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