Legal Question in Intellectual Property in India

I am a publisher and I have copyrights over my books.I recently discovered that in some colleges my books are being electronically transmitted to the students.

Can you please tell me how should I proceed and what range of compensation I can claim from the colleges.

Thank you


Asked on 3/25/14, 12:41 pm

3 Answers from Attorneys

Under the Indian Copyright Act, there is a provision fir fair use. If the contents of your books are electronically communicated and used for commercial purpose for making monetary benefits, then you can take action legally for infringement of your copyright, but the commercial use and exploitation have to be proved beyond any doubts with evidences.

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Answered on 3/25/14, 8:34 pm
Setu Niket Curare Legal

You can file a suit for injunction and damages for the violation of copyright vested on you. the scope and context of fair use has to examined. For Eg. the case of OUP against Delhi University in Delhi High Court w.r.t fair use is pending and the Defendants have been temporarily injuncted from copying and distributing the copyrighted material.

Feel free to contact on 9873109672 for assistance.

Regards

Setu Niket

Advocate

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Answered on 3/26/14, 4:50 am
Fca Prashant Chavan Expert Edge LLP

26.03.2014

Dear Sir / Madam,

I endorse my fellow advisory attorney's Rameshwaram Ramnathan & Setu Niket;s advise. Do as directed.

Regards.

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Answered on 3/26/14, 9:36 am


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