WEBVTT
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Language: en-IN

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a very warm welcome in module 3 of week s of the
course in seual property disputes code practices

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and enforcement now this week we are dedicated
thinking about deliberating about the copyright

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we have already gone into the details about the
copyright that what exactly the infringement is

00:00:47.840 --> 00:00:57.000
there and almost we have given you a list of 18
to 19 activities which probably lead or which

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probably are like giving you the example of
the copyright infringement like unauthorized

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copying or unauthorized reproduction unauthorized
distribution unauthorized digital reproduction

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unauthorized adaptation so the list is like a big
list we have shared with you so that you can get

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idea that if anything out of this is happening
with your copyrighted material you should take

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action that yes this is something infringement
is happening it is a criminal action we can

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say because criminal Cil and administrative
all remedies are available for the copyright

00:01:33.600 --> 00:01:40.200
infringement so you have to decide to take action
if something kind of this kind of a situation

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is happening okay chapter 4 we have also dealt
with which is like related to the ownership of

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a copyright so that we can understand that okay
who is the owner and then we have also dealt

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with the rights of copyright owner that what
copyright which rights copyright owner have like

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economic rights and there are the moral rights are
there so we have gone into the details and then we

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have also gone into details about the cross border
enforcement that what are the different challenges

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related to that now we will move further and you
we will just go into the further details about

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the copyright that enforcement and you can just
check here 16 the section 19 a which is talking

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about disputes with respect to the assignment
of a copyright assignment is a activity where

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ownership of a copy right is a transferred so
that is a that is one of the we can say the

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through contractual Arrangement that particular
transfer will be there and what happens in this

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if an assign fail to make a sufficient exercise
of the rights assigned to him okay then if

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if that assignment is like it should be very clear
document should be very clear and that transfer

00:02:56.600 --> 00:03:04.520
activity completely it should be like as for
the legal like guidelines it should be followed

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if that is not followed again what will happen
there will be a dispute and that assignment

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which will not be considered as a valid assignment
and that will be cancelled so therefore whenever

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any assignment is happening where the ownership
is transferred and for example it becomes a very

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serious activity especially if the the revenue
generation out of that particular copy rate is a

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very high so for example if a take a example of
a JK rolling at present we can say that 1 Point

00:03:36.440 --> 00:03:44.360
some 1 plus something billion dollar like a is
a like gain out of the copyrighted material life

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of the author plus 60 years is the life of the
copyright now whenever she will do the assignment

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of this particular that material or whenever she
will again the will is another another we can

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say the discussion we will not go into the details
about that but if some some of the copyrighted

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material if she transfer through assignment
the ownership then it should be very carefully

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done the guideline should be properly followed
and then only that will be the considered if

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there is any any laun is there probably there
will be the question and assignment may not be

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considered okay so that that one caution we should
take when we are doing the transfer of that

00:04:26.880 --> 00:04:31.920
assignment of that copyright now just check here
we will go into the details about the different

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types of arrangement considering the copyright
so obviously there are like we are aware about

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that direct infringement there so what exactly
the direct infringement is there when someone

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is directly violates the exclusive rights of the
copyright so copying book without the permission

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it's complete violation of the copyright we have
seen the case of that Google and author

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Guild okay it was a scanning of the book so it is
a direct infringement okay so publicly performing

00:05:01.240 --> 00:05:06.520
a copyrighted song without the license if your
are com it's your intention is a commercial if

00:05:06.520 --> 00:05:11.960
the activity is commercial for example D it is a
commercial activity if it is a commercial activity

00:05:11.960 --> 00:05:17.200
again then if that public performing is that you
have to take a license if you have not taken a

00:05:17.200 --> 00:05:22.920
license you are attracting a legal action against
U that particular thing or Distributing copies of

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a film without authorization suppose tomorrow this
say for example Ki movie just recently came you

00:05:29.200 --> 00:05:35.280
have created the copy of that on the pen drive
and then you are just you are inviting people

00:05:35.280 --> 00:05:41.800
and you are just giving the copies of that kki as
a gesture of your we can say the you feel that yes

00:05:41.800 --> 00:05:46.600
you are doing a good thing by sharing that copies
of the G this will not be acceptable thing have

00:05:46.600 --> 00:05:52.480
you taken permission from the producer for doing
that thing that is unauthorized Distributing okay

00:05:52.480 --> 00:05:59.880
so the key point is that law whenever you are
doing such kind of a things you should be aware

00:05:59.880 --> 00:06:04.880
about a law ignorantly also if you do that you
are attracting the legal action against you so

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that we have to remember okay so that is a direct
infringement is there contributory infringement is

00:06:11.720 --> 00:06:18.200
what exactly when a person knowing knowingly
induces or causes or materially contributes to

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the copyright infringement by the an another
so requirement is like when you are doing a

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copyright like contributory infringement here the
knowledge of infringement activity is a you you

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have to prove that that fellow have a knowledge of
infringement and there is a material contribution

00:06:35.360 --> 00:06:43.200
for the infringement okay so for example if you
have providing the platform specifically designed

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for sharing copyrighted material illegally so it
is a contributory for example Napster case also

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you can take where the sharing of a files is there
so here they will contribute into the infringement

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although they are not directly doing that but
they are definitely contrib in and therefore

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that is not allowed by the court okay so this is
a contributory infringement next is a vicarious

00:07:07.160 --> 00:07:13.640
liability so here what happens when a party has
the right and ability to supervise the infringing

00:07:13.640 --> 00:07:22.480
activity and still U has and has a financial
interest in such activity and knowingly also the

00:07:22.480 --> 00:07:29.240
The Authority or that individual is not acting on
that not stopping that particular activity so for

00:07:29.240 --> 00:07:35.960
example example Authority in your college
example I'm giving you they are aware about

00:07:35.960 --> 00:07:40.840
the they are aware about that somebody is
doing copyright infringement they are doing the

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copyright here maybe the direct financial gain
is not there but yes your reputation is there

00:07:46.360 --> 00:07:51.680
your growth is there because of that research
papers or the projects and all and authori is

00:07:51.680 --> 00:07:56.320
aware about that copyright infringement is
happened somebody have done the copyright

00:07:56.320 --> 00:08:02.080
infringement and agreed party have communicated
also that particular thing with the authority

00:08:02.080 --> 00:08:07.600
but Authority is not taking action against it
after knowing the situation it is a vicarious

00:08:07.600 --> 00:08:12.800
liability actually so vicarious liability that
is again very important that although you have

00:08:12.800 --> 00:08:19.760
a right to stop you are not stopping the activity
okay so and then obviously the the thought comes

00:08:19.760 --> 00:08:26.480
that here some some kind of a gain must be there
in such kind of a situation only because of that

00:08:26.480 --> 00:08:33.000
the situation the situation is arised so this are
the different types of infringements you can say

00:08:33.000 --> 00:08:37.760
now there are certain acts we are very well aware
about that that certain acts you can just see here

00:08:37.760 --> 00:08:42.640
that that are not considered as a copyright
infringement so you can just see see here the

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fair use Doctrine that is a exception to the
copyright it is right so section 52 is dealing

00:08:48.680 --> 00:08:54.960
with that a very popular case of section 52 in
academic setup you may agree with the decision

00:08:54.960 --> 00:08:59.560
you may not agree with the decision but the
decision is given about the Oxford Cambridge and

00:08:59.560 --> 00:09:06.120
Delhi University and rameswari photocopy shop
so here what the decision is like that

00:09:06.120 --> 00:09:12.240
for educational purposes you are like taking a
copies of a certain books is a coming under the

00:09:12.240 --> 00:09:18.840
section 52 it is a fair use so I'm just giving
you the one example then the examples of that

00:09:18.840 --> 00:09:26.080
particular we can say that about the fair use
you can you can just check that you are like

00:09:26.080 --> 00:09:34.520
for the news you are taking the direct speech
of some politician or some activity you are taking

00:09:34.520 --> 00:09:40.640
a video and directly you are putting it in your
news channel okay so it is the activities which is

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considered as a fair use here we are you are like
a like communicating with the public the the facts

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and then for that that is necessary so you are not
infringing at that time you are not infringing the

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copyright because you are working on it and the
way of presentation of that news is a different

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okay then the comments then review okay or
a teaching then the scholarship related

00:10:07.160 --> 00:10:14.160
activity or a research all these activities
are mostly coming under the section 52 okay

00:10:14.160 --> 00:10:19.840
then the further you can just check that the
important whenever you are dealing with this

00:10:19.840 --> 00:10:24.400
particular section 52 again you should take
into consideration you should re-examine the

00:10:24.400 --> 00:10:30.560
situation that exactly whenever you are doing
particular activity some although you are doing

00:10:30.560 --> 00:10:37.280
it in academic setup you should check whether it
is a really a copy is not it is coming under

00:10:37.280 --> 00:10:43.040
Section 52 or it is coming it is not coming under
Section 52 because consultancy projects if you are

00:10:43.040 --> 00:10:48.000
doing and for that you are doing the research
then it will not come under Section 52 because

00:10:48.000 --> 00:10:53.040
commercial gain is there so that differences are
there so we have to appreciate that difference

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that is one example so don't consider every
academic activity or the activities which are

00:10:58.400 --> 00:11:03.960
done in academic Institute are the copyright that
coming under Section 52 that is not the situation

00:11:03.960 --> 00:11:09.160
examination of every case is important quoting
from the book obviously you are giving attribution

00:11:09.160 --> 00:11:14.280
which is a moral right of the author so that is
very important if you are doing that section 52

00:11:14.280 --> 00:11:21.080
parading of a song allowed using clips from a
movie in a documentary allowed but again this

00:11:21.080 --> 00:11:29.440
one case is there that that fraction of second
also if you like using in the in the documentary

00:11:29.440 --> 00:11:34.080
without permission then and if the owner is
like aggreed because of that then they can

00:11:34.080 --> 00:11:39.600
they can initiate action so better you should
take a permission in that situation okay first

00:11:39.600 --> 00:11:44.440
cell Doctrine is there then library and archive
exceptions are there then there are like common

00:11:44.440 --> 00:11:51.280
exceptions like allow purchaser of a copyright
copyrighted work to sell l or give away their copy

00:11:51.280 --> 00:11:58.560
without the copyright owner's permission sometimes
okay fine then the libraries that they are keeping

00:11:58.560 --> 00:12:04.440
the copies for for the preservation allowed okay
then the time shifting we have that the in

00:12:04.440 --> 00:12:09.560
broadcasting time shifting is that at that time
suppose you are not able to watch that particular

00:12:09.560 --> 00:12:14.200
event then you can record it and you can watch
it later so that is section 52 it is coming

00:12:14.200 --> 00:12:21.200
under Section 52 transformative use yes that is
allowed then then further you can say the work

00:12:21.200 --> 00:12:27.880
in a public domains are protected by copyright and
can be freely used if it is like a obviously the

00:12:27.880 --> 00:12:34.440
if if somebody have Lish their rights and if it
is in a public domain maybe because of expiry of

00:12:34.440 --> 00:12:40.400
also copyright then yes there is no question of
that any infringement issues related to such

00:12:40.400 --> 00:12:46.600
copyright so the list is long you can just visit
a section 52 probably in the reading material

00:12:46.600 --> 00:12:52.040
we are sharing the copyright act so you just
visit the section 52 there so that you can get

00:12:52.040 --> 00:12:59.600
the list so you will have a clearcut idea okay
this is this is not infringement and this is a

00:12:59.600 --> 00:13:06.280
infringement okay now further you can
just check into this enforcement now we have

00:13:06.280 --> 00:13:12.080
got now very well area about that copyright
copyright infringement rights okay so what are

00:13:12.080 --> 00:13:19.520
the measures or enforcement how exactly you can
enforce the rights so first is like a seasand des

00:13:19.520 --> 00:13:27.360
letters okay so purpose of this is like a formal
request to stop and refrain okay so stopping and

00:13:27.360 --> 00:13:33.760
refraining from infring ing activity and generally
this we follow in any of the IP actually that if

00:13:33.760 --> 00:13:40.760
somebody is infringing then probably the first
task we do that we send the notice and we request

00:13:40.760 --> 00:13:48.200
them that yes this is a copyrighted material this
is a patented activity this is a procedure so

00:13:48.200 --> 00:13:54.400
please don't don't indulge into that stop
working on this particular project or stop

00:13:54.400 --> 00:14:00.200
using this copyrighted material so that is our
first duty to do that it is not mandatory again

00:14:00.200 --> 00:14:05.520
I should specify that especially in patent
after 18 months it is not at all mandatory after

00:14:05.520 --> 00:14:12.680
publication and you can immediately then start
action against the infringer in copyright also

00:14:12.680 --> 00:14:19.360
but it is always better because never know that
the fellow is not aware about the that particular

00:14:19.360 --> 00:14:25.760
copyrighted material so better you just give
that that particular intimation so it is

00:14:25.760 --> 00:14:32.560
a first step before any initiating any
legal action okay because sometimes by ignorance

00:14:32.560 --> 00:14:39.840
also somebody might be using that okay so what
exactly when you are doing it identification

00:14:39.840 --> 00:14:46.760
of copyrighted work is very important description
what exactly infringing activity that that

00:14:46.760 --> 00:14:53.240
fellow that individual that entity is doing you
should you should identify then demand for the

00:14:53.240 --> 00:15:00.120
stop then what will be the potential consequences
if that infringement continue and and deadline so

00:15:00.120 --> 00:15:06.600
probably you can give this particular details as
a notice so that they will aware that yes you have

00:15:06.600 --> 00:15:11.280
watched you are watching them they are doing a
copyright enouragement they have clearly given you

00:15:11.280 --> 00:15:17.360
idea and they have given you the DI deadline that
yes you just stop doing this particular activity

00:15:17.360 --> 00:15:23.040
now it is a very cost effective can resolve
issues quickly because the person if

00:15:23.040 --> 00:15:29.640
doing ignorantly unknowingly probably they will
immediately stop this activity and and they

00:15:29.640 --> 00:15:36.760
will come to know that yes you have a you have a
proof and you have a capability to enforce also so

00:15:36.760 --> 00:15:41.360
if they aware about that thing they will stop this
activity okay now what are the limitations it's

00:15:41.360 --> 00:15:48.080
not legally binding so if it is a intentional
activity then probably they will not stop okay and

00:15:48.080 --> 00:15:54.360
another thing is like that if you have not done
the things properly H due diligence is not done

00:15:54.360 --> 00:15:59.840
properly in this case then it can backfire
because you are Al alleging some something

00:15:59.840 --> 00:16:05.800
on the like ignorant user also that may be
possibility so you have to be very careful when

00:16:05.800 --> 00:16:11.320
you are initiating this particular action next
you can just check here it is a Digital Millennium

00:16:11.320 --> 00:16:17.720
Copyright related activity take down notices okay
so what it is exactly so it is obviously for the

00:16:17.720 --> 00:16:22.400
online infringement if if it is happening so
any infringing content is there you can just

00:16:22.400 --> 00:16:28.280
communicate and it will be taken down okay
from that website from that online format so what

00:16:28.280 --> 00:16:34.640
is the procedure for that so copyright owner can
send a notice to the service provider then include

00:16:34.640 --> 00:16:40.640
the specific information as required by the dmca
then service provider must promptly remove that

00:16:40.640 --> 00:16:47.200
content it is expected and then there will
be like a infringer May file a counter notice

00:16:47.200 --> 00:16:53.120
if they believe that they are not doing this so
take that they can initiate that action

00:16:53.120 --> 00:16:59.120
if they feel that no they are not infringing
that but yes the once the copyright owner do

00:16:59.120 --> 00:17:04.080
this communication obviously generally these sites
will not dare dare to keep that thing they don't

00:17:04.080 --> 00:17:09.360
want any litigation so by saer site they will just
immediately take down that particular copyrighted

00:17:09.360 --> 00:17:15.920
material so it's very simple so third party
which is there huh so third party don't want to

00:17:15.920 --> 00:17:22.040
enter into any of the litigations okay so once you
give so for example for research paper also if any

00:17:22.040 --> 00:17:27.480
research paper copied if you contact publisher
publisher is not interested to enter into any of

00:17:27.480 --> 00:17:32.960
the litigation because of you that the authors
right so immediately they will take down that

00:17:32.960 --> 00:17:39.720
paper that they will retract that paper right
similarly here the the the the owner whenever

00:17:39.720 --> 00:17:45.960
communicates with that platform owner online
platform owner immediately they will take out

00:17:45.960 --> 00:17:51.920
then if that Al Alle party is there that infringer
is there may file a counter notice and all that

00:17:51.920 --> 00:17:57.840
thing procedure may may may may continue okay now
benefit is like a it's a quick action it's like a

00:17:57.840 --> 00:18:03.840
injunction immediate action is that quick removal
of the infringing content Safe Harbor of our

00:18:03.840 --> 00:18:09.200
service huh and then it is effective dealing
in a online infringement limitations what are the

00:18:09.200 --> 00:18:18.280
limitation only applications in like the the
it can be abused sometimes that that may happen

00:18:18.280 --> 00:18:26.640
that to unnecessary somebody may do that activity
okay and it does not obviously not dealing

00:18:26.640 --> 00:18:32.160
with any offline infringement no question about
it okay next is a civil litigation now what is the

00:18:32.160 --> 00:18:38.000
purpose of civil litigation if legal remedies for
a copyright infent to court system and you want to

00:18:38.000 --> 00:18:44.200
get some compensation for the losses you incurred
because of the that copyright infringement you are

00:18:44.200 --> 00:18:50.360
going for the civil litigation so what exactly
you are doing you are filing the lawsuit then

00:18:50.360 --> 00:18:59.600
the you are obviously giving all evidences then
possibili is that when you file the case there

00:18:59.600 --> 00:19:06.080
may be chances of a potential settlement
negotiations and if that not occur obviously

00:19:06.080 --> 00:19:12.320
trial will be there okay now remedy first is
injunction next is a monetary damages okay so

00:19:12.320 --> 00:19:18.000
monetary damages may be actual damages which are
caused and then the statutory damages are there

00:19:18.000 --> 00:19:24.240
deterrent action against the infringer again
the attorneys fee and cost that code proceedings

00:19:24.240 --> 00:19:31.000
cost also you can you can demand if that
kind of a situ situation happen so what is the

00:19:31.000 --> 00:19:38.240
benefit of this it is obviously significant damage
Awards you can gain it establishes obviously legal

00:19:38.240 --> 00:19:45.360
precedent the case if like landmark cases they
will obviously establish as the legal precedent

00:19:45.360 --> 00:19:51.760
in the fifth module you will go into the details
of that different case laws okay and you will

00:19:51.760 --> 00:19:58.760
see that the remedies in the form of the damages
so it can include the injunctive relief to stop

00:19:58.760 --> 00:20:06.040
the ongoing infringement which is like
quick relief for the infringement limitations

00:20:06.040 --> 00:20:10.840
is like it is expensive obviously and little
time consuming you know that court system and

00:20:10.840 --> 00:20:17.960
then the enforcement through Court okay outcome
is uncertain but yeah most of the time if your

00:20:17.960 --> 00:20:23.800
evidences your case is strong obviously
that point is not you need not to worry about

00:20:23.800 --> 00:20:30.240
certainty you will get the decision in your favor
only and then yeah the challenging is that

00:20:30.240 --> 00:20:36.480
the damages getting the damages which are awarded
through decree that is another Enforcement issue

00:20:36.480 --> 00:20:43.800
is there so that that you have to handle okay the
last one is a criminal prosecution now here you

00:20:43.800 --> 00:20:49.480
want to punish and deter severe cases of coffee
you are not interested in any damages you don't

00:20:49.480 --> 00:20:56.240
want any benefit that compensations and all that
thing that that that you are not claiming any that

00:20:56.240 --> 00:21:05.440
monetary benefit but mostly yeah punitive kind of
Damages through criminal proceedings are like

00:21:05.440 --> 00:21:13.040
allowed right so here mostly the punishing that
is a deterrent like action is like expected

00:21:13.040 --> 00:21:18.280
processes like it is OB obviously government will
prosecute government prosecutor will initiate

00:21:18.280 --> 00:21:24.200
that and not the copyright owner here typically
reserved for a large scale or a commercial

00:21:24.200 --> 00:21:29.760
infringement obviously it requires a a very
that proof should should be Beyond reasonable

00:21:29.760 --> 00:21:35.640
doubts so your proofs documentary evidences for
any criminal action should be very very strong

00:21:35.640 --> 00:21:41.360
evidences should be there when you are doing so
you have to prove the case very carefully when

00:21:41.360 --> 00:21:46.480
it is a that that copyright infringement you have
to prove very carefully your documentary evidences

00:21:46.480 --> 00:21:52.880
should be very clear about that particular thing
okay obviously penalties that fine will be

00:21:52.880 --> 00:22:01.920
there infron imprisonment is there definitely
and 4et 4T of the infringing atoms and equipments

00:22:01.920 --> 00:22:08.480
this is the remedy now benefits is like it is a
strong deterrent effect government Bears the cost

00:22:08.480 --> 00:22:14.960
for prosecution and it can address a large
scale infringement activity if it is happening

00:22:14.960 --> 00:22:20.560
okay now what are the any limitations for this
it is limited to severe cases and not available

00:22:20.560 --> 00:22:26.320
for most infringing situations a copyright
owner has a little control over the process

00:22:26.320 --> 00:22:33.520
but yeah he can or or she can or entity
organization can give the supporting document

00:22:33.520 --> 00:22:39.600
so that they can help in the proceedings and it
is not directly compensating the copyright owner

00:22:39.600 --> 00:22:47.560
okay so all this different like measures whatever
are there like U they have like a they they have

00:22:47.560 --> 00:22:52.840
obviously helping so it is your choice whether
you want to go for seasand assist letter which

00:22:52.840 --> 00:22:59.400
is often the good and first step or you can go
for dmca takedown if it is online in infringement

00:22:59.400 --> 00:23:05.760
civil litigation yeah it is a wonderful to get a
damages okay so copyright the owner who have

00:23:05.760 --> 00:23:11.920
like agreed because of the action of infringement
they get the damages and in criminal prosecution

00:23:11.920 --> 00:23:19.120
it is a deterrent actually and the imprisonment
punitive damages okay so that is that that

00:23:19.120 --> 00:23:26.320
is a kind of a outcome is there so these are the
four we can say the important we can say the

00:23:26.320 --> 00:23:32.040
the enforcement mechanisms which are available
if any copyright infringement happen now let us

00:23:32.040 --> 00:23:37.960
take a break you just watch a small video here
and then we will move into the further details

00:23:37.960 --> 00:23:44.560
about the that remedies about the copyright
in a legal Firestorm it's Brewing today over

00:23:44.560 --> 00:23:50.120
this major clash between record companies and AI
Music Services the recording industry Association

00:23:50.120 --> 00:23:56.240
of America filing copyright infringement lawsuits
today against two separate companies accusing them

00:23:56.240 --> 00:24:04.040
of training their AI models on copy wred music
without permission okay so now just check the

00:24:04.040 --> 00:24:09.440
remedies for a copyright infringement obviously
we have just seen that mechanisms injunctions are

00:24:09.440 --> 00:24:15.800
there monetary damages are there and attorney fees
and a costs are there and injunctions if you can

00:24:15.800 --> 00:24:22.240
see Court can order that orders are in between you
initiate the action the judgment will come maybe

00:24:22.240 --> 00:24:29.600
after one year 2 year 3 year it is your depends
okay so but the order can come injunction order

00:24:29.600 --> 00:24:34.960
can come immediately if your case is very strong
so infringer can stop that infringing activity

00:24:34.960 --> 00:24:40.880
immediately there may be preliminary injunction
where early stage of the litigation to prevent

00:24:40.880 --> 00:24:46.880
further infringement that action can be taken
and next is like a permanent injunction it

00:24:46.880 --> 00:24:53.520
is obviously given after final judgment
so that that particular procedure that

00:24:53.520 --> 00:24:58.320
injunction permanent or temporary that till
the proceeding is going on that particular

00:24:59.000 --> 00:25:06.800
injunction is a good mechanism we can say to stop
the infringement scope is like a it stops the

00:25:06.800 --> 00:25:12.520
prohibits the production D all the infringing
activities are immediately stopped also it may

00:25:12.520 --> 00:25:19.320
require a destruction or that infringing copies
destruction also you can take the action regarding

00:25:19.320 --> 00:25:27.320
that also so benefits like a copyright owner is L
relax that yes this activity is at Le stop and

00:25:27.320 --> 00:25:33.800
probably they can prevent a future infringement
if the yeah if that offender is not a regular it

00:25:33.800 --> 00:25:38.920
is like a Serial kind of offender who is doing
it continuously but yeah the damages and then

00:25:38.920 --> 00:25:45.600
activities are the the measures are different
in such situation okay consideration generally

00:25:45.600 --> 00:25:50.480
Court you know that it balances the hardship of
both the parties and consider a public interest

00:25:50.480 --> 00:25:57.320
so any of the case you see Court will look
into public interest also they will look into the

00:25:57.320 --> 00:26:03.840
owner that benefit of the owner also so they
balance them decisions based on considering that

00:26:03.840 --> 00:26:09.880
particular things in mind next is like monetary
damages so monetary damages may be like actual

00:26:09.880 --> 00:26:16.840
damages so compensation for actual loss suffered
because of so suppose your movie is there you are

00:26:16.840 --> 00:26:22.680
supposed to get 100 cres out of that because of
somebody entered into the market by pared copies

00:26:22.680 --> 00:26:27.240
support you have suppose you have lost some 30
crores so that is the actual damage you have

00:26:27.240 --> 00:26:33.320
to prove that obviously that lost of profits or
value of that infringement you have to prove so

00:26:33.320 --> 00:26:39.920
you can gain that actual damages but a little bit
difficult obviously to quantify this but yeah you

00:26:39.920 --> 00:26:46.400
can you can have your own ways to explain that
how 30 cor is a damage so that details you have

00:26:46.400 --> 00:26:53.880
to give statutory damages is like a predetermined
damages set by law it is available so in US you

00:26:53.880 --> 00:27:02.000
can say typically $750 to $30,000 per work in
Fring so that kind of arrangement is there and

00:27:02.000 --> 00:27:10.520
enhanced statutory damages up to $150,000 per work
for a willful infringement is there okay so

00:27:10.520 --> 00:27:18.120
that kind of a situation is there in India also we
have like 50,000 to 2 lakh that is a limit so

00:27:18.120 --> 00:27:24.600
that that that fixed damages are there but again
it depends on the how exactly so statutory damages

00:27:24.600 --> 00:27:31.120
and then the actual damages okay so only if that
copyright but in USA that is very important if

00:27:31.120 --> 00:27:36.560
it is like a registration in India we need not to
worry about the registration burn convention and

00:27:36.560 --> 00:27:43.480
the proof is good enough for it okay then next is
like you can just go into the attorney's fee

00:27:43.480 --> 00:27:48.840
and cost yeah legal proceedings yeah India or us
or any other jurisdiction obviously it is a costly

00:27:48.840 --> 00:27:55.840
game and costly activity you can say or costly
Affair also you can say so here obviously it is

00:27:55.840 --> 00:28:01.760
like you have to decide on the that you have
to give obviously have to keep all proofs that

00:28:01.760 --> 00:28:07.280
atorney fee how much atorney fee you are giving
and all that details and obviously later on you

00:28:07.280 --> 00:28:13.240
can claim that attorney fee the costs which are
incurred during this particular proceeding and

00:28:13.240 --> 00:28:20.600
you can claim that particular okay so obviously
in every case if it is whether it is a privious

00:28:20.600 --> 00:28:27.920
that what is the motivation behind that what
is the objective that that of that party

00:28:27.920 --> 00:28:34.880
to to initiate that particular s that going
into that infringement issue okay and need of

00:28:34.880 --> 00:28:41.640
compensation or deterence all these factors will
be taken into consideration okay then the costs

00:28:41.640 --> 00:28:47.440
are like Court filing fees there then deposition
expenses are there witness fees is there copying

00:28:47.440 --> 00:28:52.840
and printing expenses are there okay and then
there are miscellaneous so many other obviously

00:28:52.840 --> 00:29:00.320
the cost is there when you are entering into the
this kind of a Court proceedings okay so it can

00:29:00.320 --> 00:29:06.720
significantly impact the Total Recovery okay
and may make a litigation financially fible for

00:29:06.720 --> 00:29:12.000
a copyright owner nowadays people are taking
Insurance also for this particular so that if

00:29:12.000 --> 00:29:19.920
any un expected event happen of that infringement
the insurance can help them to initiate the legal

00:29:19.920 --> 00:29:25.360
action okay so that is the same so which points we
should remember is like a choice of Remedy is your

00:29:25.360 --> 00:29:30.840
choice okay so which remedy you want to go for
whether you are going for civil remedy whether you

00:29:30.840 --> 00:29:38.040
are going for criminal Remedy or seas and desist
that is your choice okay registration is important

00:29:38.040 --> 00:29:45.840
timely registration is important sometimes mean
as a caution means if you have you are deciding

00:29:45.840 --> 00:29:52.560
anyway for going for a copyright action that
initiation of the action of that better you

00:29:52.560 --> 00:30:01.120
do the registration with the that that our office
copyright Office of the country it is not that

00:30:01.120 --> 00:30:07.320
much costly rupes 500 or something like that for
a literary work you can just do that thing and

00:30:07.320 --> 00:30:14.080
so that you can have a prime off evidence but
generally you have to show that evidence before

00:30:14.080 --> 00:30:22.000
this action that any of the that issue
happen so that way registration is important

00:30:22.000 --> 00:30:28.120
actually okay so if the stake is high if you are
getting monetary benefit out of that especially

00:30:28.120 --> 00:30:34.080
film industry publishing industry where
stake is very high so generally the owner

00:30:34.080 --> 00:30:39.680
go for a registration although burn convention
is helping okay in academic system may not go

00:30:39.680 --> 00:30:45.160
we may not go for the registration but yes we
have a proofs of that email Communications

00:30:45.160 --> 00:30:51.080
or a submissions okay so if any paper you are
doing that submission to publisher you have

00:30:51.080 --> 00:30:57.920
that emails so better you keep that emails or the
that the process is there which is like

00:30:59.200 --> 00:31:04.640
on your site author's site that process is always
there when you have submitted what is that content

00:31:04.640 --> 00:31:10.480
it is very clear on the website okay so that acts
as a proof that yes you have already communicated

00:31:10.480 --> 00:31:15.720
with the publisher and you are like a owner of
that copyright so that points are there so you

00:31:15.720 --> 00:31:20.560
can just think and then deterrent effect
if criminal action you are initiating and

00:31:20.560 --> 00:31:26.280
obviously Court will see the proportionality
for that any of the remedy means deciding

00:31:26.280 --> 00:31:34.440
of the damages deciding on the that that
any penalty so Court will take into that

00:31:34.440 --> 00:31:40.000
particular things now damage proving again that
is a burden on the copyright owner so you have

00:31:40.000 --> 00:31:47.000
to kind of you should have that documentary
evidences better than the oral communication or

00:31:47.000 --> 00:31:52.520
oral Witnesses and all that thing documentary
evidences is a powerful we can say the these

00:31:52.520 --> 00:31:58.040
are the good evidences in the court actually
okay and again the discretion of court is very

00:31:58.040 --> 00:32:04.360
important that while awarding damages and
and the especially the statutory damages or

00:32:04.360 --> 00:32:11.200
autonat phace so discretion of court is again
the imported so obviously this all remedies

00:32:11.200 --> 00:32:16.480
collectively compensate copyright owner data
future infringement and obviously ensure the

00:32:16.480 --> 00:32:23.680
copyright law okay so I guess with this we
should conclude the session and maybe we can

00:32:23.680 --> 00:32:30.200
continue this discussion about this enforcement in
the next session so in the next session thank you

00:32:30.200 --> 00:32:36.440
okay so next session we will focus on the
the details related to the enforcement in

00:32:36.440 --> 00:32:45.240
detail but yeah before that quiz okay so
you just if if considering the research paper

00:32:45.240 --> 00:32:52.560
okay if your research paper is stolen just imagine
huh probably you have heard about that kind of a

00:32:52.560 --> 00:32:59.840
situation so just see that what measures
just like WR now you have idea now what are

00:32:59.840 --> 00:33:05.840
the measures you will take so you just write down
step by step yeah if the research paper is stolen

00:33:05.840 --> 00:33:11.760
what exactly measures you will take so we have
discussed in detail in the the in the modules

00:33:11.760 --> 00:33:17.120
okay so you just find out that okay these are
the steps you will take if any research paper if

00:33:17.120 --> 00:33:22.760
somebody is like you come to know that this fellow
has stolen your research paper just write down the

00:33:22.760 --> 00:33:29.880
step what you want to take how what steps or which
actions you will take against that infringer okay

00:33:29.880 --> 00:33:38.720
so with this we are coming to the end of this
session see you in the next session thank you