Copyright Act 1957

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

Page 25

S. 64] COPYRIGHT ACT, 1957 25 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 in Sec. 42 of the Specific Relief Act, 1877 (1 of 1877)1 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 thelcontinuance 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. Owner 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), a "District Court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, * 1908 (5 of 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. CHAPTER XIII Offences 63. Offence of infringement of copyright or other rights conferred by this Act.-Any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or (b) any other right conferred by this Act, shall be punishable with imprisonment which may extend to one year, or with fine, or with both. Explanation.--Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section. 64. Power of police to seize infringing copies.-(1) Where a Magistrate has taken cognizance of any offence under Sec. 63 in respect of the infringement of copyright in any work, it shall be lawful for any police officer, not... 1. So now the Specific Relief Act, 1963 (47 of 1963)