CHAPTER XII Civil Remedies

17/01/2011 17:49

  CHAPTER XII

Civil Remedies

54. Definition. -For the purposes of this Chapter, unless the context otherwise requires, the

expression "owner of copyright" shall include-

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the

publisher of the work, until the identity of the author or, in the case of an anonymous work of joint

authorship, or a work of joint authorship published under names all of which are pseudonyms, the

identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise

established to the satisfaction of the Copyright Board by that author or his legal representatives.

55. Civil remedies for infringement of copyright. - (1) Where copyright in any work has been

infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all

such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred

by law for the infringement of a right :

Provided that if the defendant proves that at the date of the infringement he was not aware and had

no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be

entitled to any remedy other than an injunction in respect of the infringement and a decree for the

whole or part of the profits made by the defendant by the sale of the infringing copies as the court

may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of

the author or the publisher, as the case may be, appears on copies of the work as published, or, in

the case of an artistic work, appeared on the work when it was made, the person whose name so

appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be

presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case

may be.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in

the discretion of the court.

56. Protection of separate rights. - Subject to the provisions of this Act, where the several rights

comprising the copyright in any work are owned by different persons, the owner of any such right

shall, to the extent of that right be entitled to the remedies provided by this Act and may individually

enforce such right by means of any suit, action or other proceeding without making the owner of any

other right a party to such suit, action or proceeding.

57.

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 [Author’s special rights.  (1) Independently of the author's copyright and even after the

assignment either wholly or partially of the said copyright, the author of a work shall have the right-

(a) to claim authorship of the work; and

(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in

relation to the said work which is done before the expiration of the term of copyright if such distortion,

mutilation, modification or other act would be prejudicial to his honour or reputation:

Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.

Explanation.- Failure to display a work or to display it to the satisfaction of the author shall not be

deemed to be an infringement of the rights conferred by this section.] 

(2) The right conferred upon an author of a work by sub-section (1), other than the right to claim

authorship of the work, may be exercised by the legal representatives of the author.

58. Rights of owner against persons possessing or dealing with infringing  copies. - All

infringing copies of any work in which copyright subsists, and all plates used or intended to be used

for the production of such infringing copies, shall be deemed to be the property of the owner of the

copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect

of the conversion thereof :

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the

conversion of any infringing copies, if the opponent proves-

(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the

work of which such copies are alleged to be infringing copies; or

(b) that he had reasonable grounds for believing that such copies or plates do not -involve

infringement of the copyright in any work.

59. Restriction on remedies in the case of works of architecture. -(1) Notwithstanding anything

contained in

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[the Specific Relief Act, 1963], where the construction of a building or other structure

which infringes or which, if completed, would infringe the copyright in some other work has been

commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the

construction of such building or structure or to order its demolition.

(2) Nothing in section 58 shall apply in respect of the construction of a building or other structure

which infringes or which, if completed, would infringe the copyright in some other work.

60. Remedy in the case of groundless threat of legal proceedings. - Where any person claiming

to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any

other person with any legal proceedings or liability in respect of an alleged infringement of the

copyright, any person aggrieved thereby may, notwithstanding anything contained

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[in section 34 of

the Specific Relief Act, 1963] institute a declaratory suit that the alleged infringement to which the

threats related was not in fact an infringement of any legal rights of the person making such threats

and may in any such suit-

(a) obtain an injunction against the continuance of such threats; and

(b) recover such damages, if any, as he has sustained by reason of such threats.

Provided that this section shall not apply if the person making such threats, with due diligence,

commences and prosecutes an action for infringement of the copyright claimed by him.

61. Owners of copyright to be party to the proceeding. - (1) In every civil suit or other proceeding

regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright

shall, unless the court otherwise directs, be made a defendant and where such owner is made a

defendant, he shall have the right to dispute the claim of the exclusive licensee.

(2) Where any civil suit or other proceeding regarding infringement of copyright instituted by an

exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of

action shall lie at the instance of the owner of the copyright. 62. Jurisdiction of court over matters arising under this Chapter. - (1) Every suit or other civil

proceeding arising under this Chapter in respect of the infringement of copyright in any work or the

infringement of any other right conferred by this Act shall be instituted in the district court having

jurisdiction.

(2) For the purpose of sub-section (1), and "district court having jurisdiction" shall, notwithstanding

anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force,

include a district court within the local limits of whose jurisdiction, at the time of the institution of the

suit or other proceeding, the person instituting the suit or other proceeding or, where there are more

than one such persons, any of them actually and voluntarily resides or carries on business or

personally works for gain.

122. Sub. by Act 38 of 1984, s. 57.

123. Subs. by Act 23 of 1983, s. 20, for "the Specific Relief Act, 1877" (w.e.f. 9-8-1984)

124. Subs. by s. 21, ibid., for "in section 42 of the Specific Relief Act, 1877" (w.e.f. 9;8-1984). INDIAN COPYRIGHT ACT, 1957 

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