Bare Act Search Results

Copyright Act, 1957 Section 58

Title: Rights of Owner Against Persons Possessing or Dealing with Infringing Copies

State: Central

Year: 1957

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.

Copyright Act, 1957 Section 66

Title: Disposal of Infringing Copies or Plates for Purpose of Making Infringing Copies

State: Central

Year: 1957

The court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright.

Copyright Act, 1957 Section 64

Title: Power of Police to Seize Infringing Copies

State: Central

Year: 1957

1 [(1) Any police officer, not below the rank of a sub-inspector, may, if heis satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, isbeing, or is likely to be, committed, seize without warrant, all copies of thework, and all plates used for the purpose of making infringing copies of thework, wherever found, and all copies and plates so seized shall, as soon aspracticable, be produced before a Magistrate.] (2) Any person having aninterest in any copies of a work 2 [,orplates] seized under subsection (1)may, within fifteen days of such seizure, make an application to the magistratefor such copies 2 [orplates] being restored to himand the Magistrate, after hearing the applicant and the complainant and makingsuch further inquiry as may be necessary, shall make such order on theapplication as he may deem fit. ___________________ 1. Substitutedby Act 65 of 1984, section 7 w.e.f. 8-10-1984. 2. Insertedby Act 65 of 1984, section 7 w.e.f. 8-10-1984.

Copyright Act, 1957 Section 63B

Title: Knowing Use of Infringing Copy of Computer Programme to Be an Offence

State: Central

Year: 1957

1[63B. Knowing use of infringing copy of computer programme to be an offence.- Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that where the computer programme has not been used for gain or in the course of trade or business, the court may, for adequate and special reasons to be me ntioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.] _____________________ 1 . Substituted by Act 38 of 1994, section 23 w.e.f. 10-5-1995.

Copyright Act, 1957 Section 65

Title: Possession of Plates for Purpose of Making Infringing Copies

State: Central

Year: 1957

Any person who knowingly makes, or has in hi s possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to1[two years and shall also be liable to fine]. ___________________ 1. Substituted by Act 65 of 1984, section 8, for "one year, or with fine or with both" w.e.f. 8-10-1984.

Copyright Act, 1957 Chapter XI

Title: Infringement of Copyright

State: Central

Year: 1957

.....of a translation in any Indian language of an Act of a Legislatureand of any rules or orders made thereunder-- (i) if no translation ofsuch Act or rules or orders in that language has been produced or published bythe Government; or (ii) where a translation of suchAct or rules or orders in that language has been produced or published by theGovernment, if the translation is not available for sale to the public: Provided that such translationcontains a statement at a prominent place of the effect that the translationhas not been authorised or accepted as authentic by the Government; 11 [(s) themaking or publishing of a painting, drawing, engraving or photograph of a workof architecture or the display of a work of architecture;] (t) the making or publishing ofa painting, drawing, engraving or photograph of a sculpture, or other artisticwork falling under sub-clause (iii) of clause (c) of section 2, if such work ispermanently situate in a public place or any premises to which the public hasaccess; (u) the inclusion in acinematograph film of-- (i) any artistic workpermanently situate in a public place or any premises to which the public hasaccess; or (ii) any.....

Copyright Act, 1957 Section 51

Title: When Copyright Infringed

State: Central

Year: 1957

.....nothing in sub-clause (iv) shall apply to the import of one copy of any work,for the private and domestic use of the importer.] Explanation.--For the purposesof this section, the reproduction of a literary, dramatic, musical or artisticwork in the form of a cinematograph film shall be deemed to be an"infringing copy". ________________________ 1. Substituted by Act 38 of 1994, section 16, for sub-clause(ii) w.e.f. 10-5-1995. 2. The words "(except for the private and domesticuse of the importer)" omitted by Act 65 of 1984, section 3 w.e.f. 8-10-1984. 3. Insertedby Act 65 of 1984, section 3 w.e.f. 8-10-1984 and Substituted by Act 38 of1994, section 16 w.e.f. 10-5-1995.

Copyright Act, 1957 Section 55

Title: Civil Remedies for Infringement of Copyright

State: Central

Year: 1957

(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, he entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for Ihe 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 !he 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 to the author or the publisher, as the case may be, appears on copies of the work published, or, in the case of an artistic work, appeared on the work when it was made, ihe 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, id be the author or the.....

Copyright Act, 1957 Section 53

Title: Importation of Infringing Copies

State: Central

Year: 1957

.....premises where any such copies as Lire referred to in sub-section (1) may be found and may examine such copies. (3) All copies to which any order made under sub-section (1) applies shall be deemed to be goods of which the import had been prohibited or restricted 1 [under section 11 of the Customs Act, 1962 (51 of 1962),] and all the provisions of the Act shall have effect accordingly: Provided that all such copies confiscated under the provisions of the said Act shall not vest in the Government but shall be delivered to the owner of the copyright in work. ___________________________ 1 Substituted by Act 23 of 1983, section 19, for "under section 19 of the Sea Customs Act, 1878 (8 of 1978)" w.e.f. 9-8-1984.

Copyright Act, 1957 Complete Act

State: Central

Year: 1957

.....disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author. SECTION 24: TERM OF COPYRIGHT IN POSTHUMOUS WORK (1) In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year. (2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any 10[sound recording] made in respect of the work have been sold to the public or have been offered for sale to the public. .....