Think about spending countless hours toiling away at a book, constructing amazing IT software, or composing an emotional song, or designing a creative logo. It is sure you would be furious if someone used your work without permission. Copyright laws exist to protect that creativity by providing you with attribution, an ability to profit from your creative works, and overall control of your copyrightable material.
In India, copyright has an effect on authors and artists, but copyright also protects a business, startups, IT companies, media companies, and multi-national companies. From software codes and brand manuals to advertising campaigns and training modules, copyright protects innovation and business value.
This article explains the legal remedies available in India in 2025 for copyright infringement, supported by statutes, case laws, and practical examples.
What is the Legal Basis of Copyright in India?
The Copyright Act, 1957 and the Copyright Rules, 2013 are the backbone. They are also in sync with global frameworks like the Berne Convention, TRIPS, and WIPO Treaty.
Clients often think they need to “apply” for copyright first. But the truth is, protection is automatic on creation. Still, in court, registration makes life easier, the law firm has seen judges lean heavily on registered works as strong evidence.
What Exactly is Protected?
Protected under Section 13:
- Books, articles, software codes, databases
- Scripts, lyrics, compositions
- Paintings, photos, architectural designs, logos
- Films, sound recordings, digital content (apps, websites)
What’s not protected? Ideas, processes, government documents, or anything without originality.
Practical insight: Many IT companies think ideas for “apps” can be copyrighted. They cannot. Only the source code and expression get protection, not the business idea itself.
How Long Does Copyright Protection Last?
- For authors: 60 years after death
- For companies: 60 years from first publication
Client tip: In business deals, always clarify copyright duration in contracts. The law firm handled mergers where ignoring this clause caused massive disputes later.
What Rights Do Copyright Owners Really Have?
Sections 14-16 give powerful rights:
- Control reproduction, adaptation, or performance
- License or sell the work
- Sue for damages if infringed
First-hand insight: In one case, a company lost out because they gave “exclusive rights” casually in a licensing contract. Always get agreements drafted by an IP lawyer, you may unknowingly give away more than intended.
Is Registration Worth It?
Yes. Copyright can be automatic, but a registration can provide prima facie proof in court.
From experience: One time, after a photographer sued a brand for using her photos in an ad campaign, she had her registration certificate, and it served as the primary factor in getting her an interim injunction (i.e. temporary relief) within days. Without that, the injunction may have taken longer, maybe a few weeks.
Civil Remedies: The Most Common Route
When infringement occurs, civil courts provide:
- Injunctions: immediate stop orders
- Damages/account of profits: claim losses or take infringer’s profits
- Seizure of pirated copies
Case examples:
- Super Cassettes v. Hamar TV (2011): Court blocked unauthorized broadcasting of songs
- Microsoft v. Deepak Raval (2007): Damages awarded for piracy
Interim injunctions are granted more rapidly and frequently than final relief. You must act quickly to stop misuse before it becomes widespread online.
Criminal Remedies: When You Want a Strong Deterrent?
Sections 63 & 63A prescribe:
- Jail: 6 months- 3 years
- Fine: ₹50,000- ₹2,00,000
- Confiscation of infringing material
Case law:
- R.G. Anand v. Deluxe Films (1978): Originality test 1978
- State v. Mohinder Singh (2007): Piracy is a serious crime
Practical use: Businesses often use criminal complaints to pressure infringers into settlement. Police raids on warehouses with pirated DVDs or software work as a shock deterrent.
Alternative Remedies: Faster in Business Cases
- Mediation/Arbitration: especially in licensing disputes
- Anti-piracy cells: raids, seizures
- Online takedowns: YouTube, Instagram, etc.
From experience: The law firm filed takedown notices for clients on Instagram and YouTube, many times the content gets removed in 48 hours, even before courts intervene.
Landmark Cases You Should Know
- Eastern Book Co. v. D.B. Modak (2008): Copyright = creativity + skill, not just effort
- Coca Cola v. Bisleri (2009): It is the case of overlap of copyright and trademark protection
- Phonographic Performance v. Hotel Gold Regency (2011): Hotels can’t play music without licenses
Copyright & AI: The 2025 Challenge
A big question to get from clients is:
“Who owns AI-created content?”
Currently, Indian courts haven’t given a clear answer. But companies are protecting themselves with contracts stating ownership of AI outputs.
If you’re using AI tools, add a “work-for-hire” clause to contracts. This avoids fights later.
Why You Must Act Proactively?
If you ignore infringement, you risk:
- Huge financial loss
- Brand dilution
- Legal complications in future deals
Best practices to advise clients:
- Register works regularly
- Use licensing agreements with watertight clauses
- Monitor online platforms
- Send legal notices promptly
How Lead India Law Helps Clients?
At Lead India Law, we have:
- Registered copyrights for startups, media firms, and artists.
- Drafted licensing agreements protecting clients’ future revenues.
- Secured injunctions in piracy disputes.
- Guided digital creators through online takedown procedures.
Experience: In a 2024 case, we got an injunction within 72 hours for a client whose course videos were pirated on Telegram.
Conclusion
Copyright infringement in 2025 is complex, AI, NFTs, and global piracy make enforcement tougher. But India’s law provides civil, criminal, and digital remedies.
Those who act early, sending notices, registering works, filing injunctions, protect their creations better. Delay often means irreparable damage. Copyright law is not just about protecting art; it’s about preserving business value and innovation.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. What is the difference between copyright and trademark protection?
Copyright protects creative works, such as literary, musical, and software, and a trademark protects branding identifiers, such as logos and names; there are still some cases of overlap like manual and some artistic fashion logos.
2. Can foreign companies enforce a copyright in India?
Yes, a work will get protection under the Berne Convention and TRIPS Agreement and be given the same copyright protections and rights in India as it receives in the country of origin if they are based on a country that is a signatory.
3. How quickly can I get an injunction for copyright?
If your case is strong and urgent, the court can grant an interim injunction within a few days. For example, injunctions are often granted quickly to restrain piracy activity before the infringing flyers disseminate widely.
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