Copyright Infringement Takedown: Remove Copied Content in India
Copyright infringement takedown means getting your copied work taken down from a website, marketplace or social platform, and stopping the copier from repeating it. We collect the proof, prepare the complaint and notice, and coordinate with a practising advocate if the matter needs to go to court.
What it is
A copyright infringement takedown is a demand to remove infringing content. Under Section 51 of the Copyright Act, 1957, copyright is infringed when someone does something only the owner may do, such as copying, selling or distributing the work, without permission. Photos, articles, software, videos and music are the usual targets.
Most takedowns start with a written complaint to the platform that hosts the copy. For links and access to storage, Section 52(1)(c) matters: once the platform receives a written complaint from the owner, it must stop facilitating access for twenty-one days, unless a court orders otherwise. In practice, that window is your time to approach a court. If you have not yet registered the work, see our copyright registration page.
Who it applies to
Your content is copied online
A competitor has lifted your product photos, blog text or course videos onto a website, marketplace listing or social page. Every day counts.
Your software or designs are being sold
A reseller is distributing copies of your software, or a factory is selling goods that copy your artistic work. Section 51 covers sale and distribution as well as copying. Think of a trader in Delhi-NCR selling cloned copies of your accounting software.
You are accused of copying
A takedown notice has arrived at your door. You need to check the claim, and then remove the content or reply with proof of your own rights.
Why it matters
Copies spread fast
A copied image or article can be reposted within hours. A prompt complaint limits the damage and the lost sales.
The law gives you real remedies
Section 55 provides injunction, damages and accounts. Section 63 makes knowing infringement an offence, with imprisonment from six months to three years and a fine of ₹50,000 to ₹2,00,000.
Good records help in court
A dated complaint, saved screenshots and proof of authorship make an interim injunction easier to argue than a story told from memory.
Which route should you take?
| Route | Best when | What it needs |
|---|---|---|
| Platform complaint | Content sits on a marketplace, social or hosting site | Proof of ownership, exact URLs, written notice to the platform |
| Legal notice to the copier | The copier is a known business or person | Evidence, a demand to stop, signed by a practising advocate |
| Police complaint | Sale of pirated copies or commercial infringement | Section 63 offence, proof of ownership and copies |
| Civil suit | Copier ignores the notice or damage is serious | District court filing, advocate-led, with evidence ready |
Here is the catch: registration is not a condition for filing a suit, but the register extract helps. Under Section 48, entries in the Register of Copyrights are prima facie evidence of the particulars.
Documents required
Proof that you own the work
- Original files with dates and metadata
- Copyright registration certificate, if any
- Assignment or licence papers if you bought or commissioned the work
- Employment or contractor agreements showing who created it
Proof of the copying
- Exact URLs of the infringing pages
- Dated screenshots and saved copies of the page
- Comparison showing your work next to the copy
- Sales or listing details, if goods are involved
For action against the copier
- Details of the person or business, where known
- Your earlier messages or notices
- Our authorisation to prepare and send papers for your signature
How it works
Collect and save the evidence
We save URLs, screenshots and page copies with dates, and line them up against your original files. Say a Faridabad garment exporter finds its catalogue photos on a rival’s marketplace page. We would ask for the original shoot files and the listing links.
Confirm who owns the work
We confirm authorship and ownership, including whether a freelancer made the work. If the rights were never assigned in writing, we draft the assignment first.
Send the complaint or the notice
We prepare the platform complaint and file it. A copyright infringement takedown works best when the evidence is ready first. For the copier, we draft a notice that a practising advocate reviews and signs.
Follow up and escalate
If the content stays up, we prepare the papers for an advocate to take the matter to court, and coordinate all the paperwork on the way.
Timelines
Act on the day you find it
There is no fixed deadline to send a complaint, but delay lets copies spread and weakens an urgent request for interim relief. Save evidence first.
21 days after a platform complaint
Under Section 52(1)(c), the platform stops facilitating access for twenty-one days after receiving your notice. Without a court order within that period, it may restore access.
Pre-suit mediation
For commercial disputes above the specified value, Section 12A of the Commercial Courts Act requires pre-institution mediation unless urgent interim relief is sought.
What happens if you wait
Content gets restored
If no court order follows the platform complaint within twenty-one days, the platform can restore access to the content.
Evidence disappears
Pages get edited or deleted. Without dated captures, proving the copy later becomes hard.
Your claim weakens
Long delay makes it harder to argue urgency for an injunction, and the copier builds a business around your work.
Frequently asked questions
How do I get copied content removed from a website?
Send a written complaint to the platform with proof of ownership and the exact URLs. Section 52(1)(c) of the Copyright Act, 1957 requires a platform that stores content to stop facilitating access for twenty-one days after the owner complains. We prepare the complaint, attach your evidence and file it. If the copy stays up, we prepare a notice or court papers with a practising advocate.
What happens during the twenty-one days?
The platform must stop giving access to the copy for twenty-one days after your written notice. If you obtain a court order within that time, the order decides what happens next. If no order comes, the platform can restore access. We tell you at the start how much time you have and what papers an advocate will need to move the court.
Do I need copyright registration to send a takedown?
No. Registration is not required to complain to a platform or to sue. The certificate does help, since under Section 48 the register is prima facie evidence of its particulars. If you do not have one, dated original files and proof of authorship carry the weight. We can apply for registration in parallel, so you hold the record going forward.
Is copyright infringement a criminal offence in India?
Yes, if it is done knowingly. Section 63 of the Copyright Act provides imprisonment from six months to three years and a fine of ₹50,000 to ₹2,00,000. The court may reduce the punishment where the infringement was not for gain in the course of trade or business, with reasons recorded. We help you decide whether a police complaint or a civil route fits your case.
Can the police seize infringing copies?
Yes. Under Section 64, a police officer of the rank of sub-inspector or above can seize infringing copies without a warrant if satisfied that a Section 63 offence has been, is being or is likely to be committed. The seized items go to a Magistrate. The other side can apply for their return within fifteen days. We prepare the papers and evidence for the complaint.
Which court can I go to for an infringement suit?
A district court, and you can choose the one where you live, carry on business or work for gain. Section 62(2) of the Copyright Act gives you that option, so you need not travel to the copier’s city. A practising advocate files and argues the suit. We prepare the evidence, coordinate the paperwork and keep you updated at every step.
What remedies can a court give for infringement?
Section 55 provides injunction, damages and accounts, plus costs at the court’s discretion. If the defendant did not know and had no reason to believe the copyright existed, damages are not available, though an injunction may still follow. So your notice should state your rights clearly and early, and we draft it that way for your advocate to review.
Can I send a legal notice myself?
You can write to the copier yourself, but a legal notice from a practising advocate is taken more seriously and creates a clean record. We prepare the facts, evidence and a draft; the advocate reviews and signs it. We also tell you honestly if a short email is enough.
Someone sent me a takedown notice. What should I do?
Do not ignore it. First, check what they claim, and whether you have a licence or created the work yourself. If you are right, send a reply with proof. If the content is theirs, remove it, since continuing after notice can turn an innocent mistake into knowing infringement. We review the notice with you and draft the reply.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Takedown complaints to platforms carry no government fee. Court fees, advocate fees and any registration fee depend on the route; for registration, the Copyright Office charges ₹500 per work, ₹2,000 for a work used on goods or services, ₹2,000 for a sound recording and ₹5,000 for a film.
Ready to begin?
Send us the link to the copied content and your original, and we will tell you the quickest route.