Copyright Act 1957

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

Page 24

COPYRIGHT ACT, 1957 (S. 56 Comment Scope.--In a case of clear infringement of the plaintiff's copyright under Sec. 55 of the Act the plaintiff is entitled prima facie to the relief of permanent injunction for the infringement of his copyright. The infringement of copyright being prima facie established, the plaintiff is entitled to interim relief for the infringement of the copyright as well in the shape of temporary injunction till the disposal of the suit from dealing in the matter in question and from passing off the goods as those of the applicants in any manner.i 56. Protection of separate right. --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. 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 to claim the authorship of the work as well as the right to restrain, or claim damages in respect of (a) any distortion, mutilation or other modification of the said work: or (b) any other action in relation to the said work which would be prejudicial to his honour or reputation. (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 ali 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 the Specific Relief Act, 1877 (1 of 1877 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 Sec. 58 shall apply in respect or 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, 1. Messrs. Anglo-Dutch Paint, Colour 44, 45. and Varnish Work Pvt. Ltd., V. Messrs. India 2. Su now the Specific Relief Act. 1963 Trading House, A. I. R. 1977 Delhi 41 at Pp. (47 of 1967).