Though every creation automatically falls under copyright protection, however; a person can seek for the damages only when the copyright is duly registered.
A Copyright can be infringed in different ways depending on how the work is used in the market.
But, there are also a few exclusions.
Copyrighted Works which are used for education, research, news reporting, criticism or review, judicial proceedings or legislative pretexts does not count as Infringement. This can be done by giving proper citation or credits to the copyright owner.
The Copyright Owner can take the infringer to court and seek damages through civil or criminal remedies. For this,
However; you can also send a notice to the infringer to take down or stop the action before taking legal action. If taken to court, the judge can pass any of the order depending on the proceedings of the case.
As per the provisions of The Copyright Act, the infringer might also face imprisonment of minimum 6 months to 3 years or payment of fine ranging from Rs. 50,000 to 2 Lakh.
The punishment for piracy can also include confiscating the infringing material to deliver to the rightful owner.
Since all the works fall naturally under the copyright protection, it is necessary to make sure you do not infringe the rights of any other person.