Laws relating to Plagiarism in India

Law of Plagiarism in India

The act of stealing of money or tangible things is considered as a crime and can be easily identified. This act is known as Cheating or Fraud. But there are few other matters such as stealing information, words, illustrations, expressions, ideas, tables, thoughts, or figures from various books, articles, interviews are difficult to identify. Therefore, the act of using another individual’s work and then passing it as one’s own is known as Plagiarism.

As per law, whenever one uses sentences, words, ideas or phrases, summarize, or paraphrase other person’s work, it’s important to name the source of information in your work. And not citing, acknowledging or quoting the source in your work is considered plagiarism.

Plagiarism – Using someone else’s work into one’s own work, with or without their consent and then offering it as own without any acknowledgment whether it is intentional or unintentional.

Laws concerned with Plagiarism

Plagiarism is governed by Section 57 and Section 63 and Section 63 (a) of Copyright Act, 1957.

As per Section 57 of the Act, provide authors the right (special right)

  • to claim authorship of their work
  • to detain or claim damages in respect of any modification, distortion, mutilation, or other act related to the said work which is done before the expiration of the term of copyright if such act would be damaging to his honour or reputation

The Section 63 of the Act states punishment for the offence of breach of rights convened under this Act.

  • The offender shall be punishable with imprisonment. The term for the offence may vary from six months to three years. The lawbreaker may have to compensate in terms of money i.e. fine which may range from fifty thousand rupees to two lakh rupees. Or both imprisonment and fine.
  • Where the violation of the rights was not made for gain in the way of business or trade, the court may for special reasons (stated in the judgment) carry out a sentence of imprisonment of less than six months or fine of less than fifty thousand rupees.

The Section 63(a) of the Act states punishment for the offence of breach of rights convened under this Act for the second time.

  • The offender who commits the offence for the second time (again) will be punishable by imprisonment for the term that may vary from one year to three years and with fine varying from one lakh to two lakhs.
  • Where the violation of the rights for the second time was not made for gain in the way of business or trade, the court may for special reasons (stated in the judgment) carry out a sentence of imprisonment of less than one year or fine of less than one lakh rupees.

The act of Plagiarism is considered as an unethical conduct of a person and not a crime by itself. The breach of the right under the Act is civil wrongs and criminal charges can be filed against the offender. Although the government is trying to make the existing laws stricter to prevent plagiarism but one must morally try not to perform such an act.

Work more – And protect the Copyrights!!!!!

Protect The Copyright

The working environment in India has become more competent over time. It has become necessary to protect what is yours. Intellectual Property is one such aspect. Intellectual Property (IP) is an intangible asset of a company which includes expressions, creative ideas or knowledge of the human mind that can be protected and has a commercial value. It can be achieved through protected copyright, patent, trademark, service mark, or trade secret laws. In essence, it is a way to protect the asset from violation, imitation, and dilution.

IP can be categorized into two parts – Industry Property and Copyright. A proper process has to be followed with relevant documents to register under IP law.

Copyright is a legal term which is used to describe the rights of the inventors that they have over their musical, literary work, and artistic. The rules and regulations that lay under Copyright (Amendment) Act, 2012 (2012) has to be followed.

Requirements for Copyright registration:

  • Name, address, and citizenship of the applicant
  • Name, nationality, and address of the author of the work
  • Nature of applicant’s interest in the copyright i.e. Licensee /Owner etc.
  • Title of the work
  • if the applicant is different than the author than a declaration signed by the author
  • Language of the work
  • Whether the work is published or unpublished
  • If the work is published, name, nationality and address of the publisher with year and country of first publication and
  • Year and countries of subsequent publications, if any
  • Name, address, and nationality of any other person authorized to assign or license the rights in the copyright
  • Power of attorney for the firm
  • three soft copies and six hard copies of the work (For computer programs – 3 copies of the program on CD-ROMs)

Registration Procedure for Copyright

Copyright ensures the safety of what is your work such as books, databases, music, maps, computer programs, paintings, sculptures, films, technical drawings, and advertisements. With the increasing competition in the market, it is best to protect one from any future issues.

The steps for registering under Copyright are as follows:

  • Application for the registration has to be as per the rules prescribed in the first schedule of the Act
  • For each and every work a separate application has to be made
  • The applications should be accompanied by the proper fee as prescribed in the second schedule of the Act
  • The advocate’s in whose favour POA (Power of Attorney) has been executed, or the applicant’s sign should be there on the applications
  • A power of attorney should be enclosed with the requests that were signed by the party and accepted by the lawyer.
  • After filing the applications the rightful owner or the applicant has to wait for a mandatory period of 30 days. This period is for any objection that may be filed against the applicant’s claim.
  • If any complaint is filed, it takes approximately one more month as the Registrar hear both the parties and decide whether to register the work under copyright or not.
  • If no objection is filed the formal proceedings takes place within the said period.
  • After all the formalities a Copyright Registration Certificate is issued by the Copyright Office.