In theory, a copyright infringement investigation entails three basic steps: determining whether the work is protected by copyright; (ii) determining whether the allegedly infringing act falls within the scope of distinctiveness available for that work; and (iii) determining whether the act is infringing in nature. This article's scope is confined to express copyright infringement. According to Section 13 of the Indian Copyright Act, copyright exists in “original” literary, dramatic, artistic, and musical works, as well as cinematographic films and sound recordings.
Keywords: Copyright; Infringement; Protection; Circulation; Creation of work
Dr. B.L. Wadehra, Law Relating to Intellectual Property, Universal Law Publishing Co., 2010, 4th Edition