Copyright Act 1957

SR No.: 269633
Original Sutra Author: N/A
Total Pages: 29
Language: English
Classification: Article
File Size: 4 MB

Page 23

S. 55] COPYRIGHT ACT, 1957 23 53. Importation of infringing copies.-(1) The Registrar of Copyrights, on application by the owner of the copyright in any work or by his duly authorized agent and on payment of the prescribed fee, may, after making such inquiry as he deems fit, order that copies made out of India of the work which if made in India would infringe copyright shall not be imported, (2) Subject to any rules made under this Act, the Registrar of Copyrights or any person authorized by him in this behalf may enter any ship, dock or premises where any such copies as are 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) applied shall be deemed to be goods of which the import has been prohibited or restricted under Sec. 19 of the Sea Customs Act, 1878 (8 of 1878) and all the provisions of that 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 the work. CHAPTER XIT 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 of or is otherwise established to the satisfaction of the Copyright Board by that author or his legal repre sentatives. 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 belie ving that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other that 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 cop.es 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. 1. So now the Customs Act, 1962 (52 of 1962)