THE COPYRIGHT ACT, 1957

Enhanced penalty on second and subsequent convictions Whoever having already beenconvicted of an offence under section 63 is again convicted of any such offence shall be punishable for thesecond and for every subsequent offence, with imprisonment for a term which shall not be less than one yearbut which may extend to three years and with […]

Offence of infringement of copyright or other rights conferred by this Act Any person whoknowingly infringes or abets the infringement of—(a) the copyright in a work, or(b) any other right conferred by this Act 1[except the right conferred by section 53A],2[shall be punishable with imprisonment for a term which shall not be less than six

Jurisdiction of court over matters arising under this Chapter (1) Every suit or other civilproceeding arising under this Chapter in respect of the infringement of copyright in any work or theinfringement of any other right conferred by this Act shall be instituted in the district court havingjurisdiction. 1 Subs. by Act 23 of 1983, s.

Owner of copyright to be party to the proceeding (1) In every civil suit or other proceedingregarding 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 shallhave the right to dispute the claim

Remedy in the case of groundless threat of legal proceedings Where any person claiming to bethe owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other personwith any legal proceedings or liability in respect of an alleged infringement of the copyright, any personaggrieved thereby may, notwithstanding anything contained 2[in section 34

Restriction on remedies in the case of works of architecture (1) Notwithstanding anythingcontained in 1[the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or otherstructure which infringes or which, if completed, would infringe the copyright in some other work has beencommenced, the owner of the copyright shall not be entitled

Rights of owner against persons possessing or dealing with infringing copies All infringingcopies of any work in which copyright subsists, and all plates used or intended to be used for theproduction of such infringing copies, shall be deemed to be the property of the owner of the copyright, whoaccordingly may take proceedings for the recovery

Author’s special rights [(1) Independently of the author’s copyright and even after theassignment 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 inrelation to the

Protection of separate rights Subject to the provisions of this Act, where the several rightscomprising the copyright in any work are owned by different persons, the owner of any such right shall, tothe extent of that right, be entitled to the remedies provided by this Act and may individually enforce suchright by means of any

Civil remedies for infringement of copyright — (1) Where copyright in any work has beeninfringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all suchremedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for theinfringement of a right:Provided that