Section 51 Copyright Act 1957 enumerates the acts that constitute 'infringement of copyright'. Which act is INFRINGING?
Athe use of any work in respect of which copyright has expired by efflux of time (cf. Copyright Act 1957, Section 51)
Bdoing any act, the exclusive right to do which is conferred on copyright owner, without licence or in contravention of conditions of a licence
Cany private personal use of a work, including ordinary research at home or in libraries (cf. Copyright Act 1957, Section 51)
Dany reporting of current events through media as per Section 52 of the Copyright Act (cf. Copyright Act 1957, Section 51)
Answer & Solution
Correct answer: B. doing any act, the exclusive right to do which is conferred on copyright owner, without licence or in contravention of conditions of a licence
1. Section 51 Copyright Act 1957: 'Copyright in a work shall be deemed to be infringed — (a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act — (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or (ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work; OR (b) when any person — (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports into India, any infringing copies of the work.'
2. Use of work after copyright expiry, private use, and fair dealing under Section 52 are NOT infringement.
3. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 51_
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