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 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 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, 2
[or, subject to the provisions of
sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the
author, or the publisher, as the case may be, of that work, appears] on copies 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
1 Subs. by Act 7 of 2017, s.160(a), for “Copyright Board” (w.e.f. 26-5-2017).
2 Subs. by Act 27 of 2012, s. 35, for “a name purporting to be, that of the author or the publisher, as the case may be, appear” (w.e.f. 21-6-
2012).
discretion of the court.
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