Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of - Sec.63

Copyright infringement is not just a civil dispute; it can also be a criminal offence. Section 63 of the Copyright Act, 1957 prescribes the punishments for anyone who knowingly infringes or abets the infringement of copyright. This section provides the legal teeth needed to deter large-scale digital piracy and the unauthorized sale of proprietary software.\n

Criminal Penalties for Digital Piracy\n

Under Section 63, a person found guilty of knowingly infringing copyright faces a minimum of six months' imprisonment, which can extend to three years. Additionally, the law mandates a fine of at least fifty thousand rupees, which can go up to two lakh rupees. This reflects the serious economic impact that piracy has on the creative and tech industries. For businesses, the risk isn't just external; internal use of unlicensed software can also trigger these penalties. Implementing a robust penetration testing and compliance schedule can help you identify unauthorized software in your environment before it becomes a legal liability.\n

The Element of \"Knowing\" Infringement\n

The key to a Section 63 prosecution is proving that the infringement was done \"knowingly.\" This means the attacker was aware they were violating someone else's rights. In the world of business, ignorance is rarely a successful defense, especially when dealing with enterprise software. The law does allow for some leniency if the infringement was not for gain in the course of trade, but for most commercial entities, the full weight of the law applies. Tracing the origin of infringing copies often requires a forensic deep-dive into server logs and distribution networks to identify the \"abettors\" who facilitated the breach.\n

Enforcement and Search Warrants\n

Because infringement under Section 63 is a cognizable offence, the police have powers to seize infringing copies and the equipment used to create them without a warrant in certain circumstances. This makes it a powerful tool for rights holders to shut down pirate operations quickly. For the accused, the focus is on proving the legitimacy of their licenses and the chain of custody for their digital assets. Maintaining clear records of all software purchases and service agreements is essential for any modern organization to defend against potential Section 63 claims.\n

Secure Your Rights and Your Code\n

Piracy can drain a business of its revenue and its competitive edge. If your software or content is being stolen, you need a legal team that can initiate criminal proceedings to stop the theft. Connect with our experts to discuss how to use Section 63 to protect your brand and hold the infringers accountable.\n