Copyright Violations

Copyright violation means infringing the rights of registered owner of copyright. If any person does anything, the exclusive right to do which is conferred by the Act on the owner of the copyright, without the permission, authorization or license of the owner, than it is violation of copyright. Violation is not confined to literal or exact repetition or reproduction, it also includes the modes in which the matter of any work may be adopted, imitated, transferred or reproduced. The question of violation of copyright is not one quantity but of quality and value. It is to be noted that in case of violation of copyright, before leveling the charge of plagiarism against defendant it must be shown that the defendant has taken considerable portion of the matter from the original and have made an unfair use of the protective mark. The two works must be scrutinized meticulously and not hypercritically. The court observed in a particular case pertaining to violation of copyright that it is the intellectual production of the author which can be protected through copyright and not the form which such production ultimately takes. It is to be noted that innocence cannot be considered as a defense for violation of copyright. A person cannot claim the defense of innocence if he has been charged for violation of copyright.