Rights of owner against persons possessing or dealing with infringing copies
All infringing
copies of any work in which copyright subsists, and all 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
1 Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10-5-1995).
2 The words “which is done before the expiration of the term of copyright” omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012).
3 The words “other than the right to claim authorship of the work”omitted by Act 27 of 2012, s. 36, (w.e.f. 21-6-2012).
(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 1
[the Specific Relief Act, 1963 (47 of 1963)], 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 Section 58 shall apply in respect of the construction of a building or other structure
which infringes or which, if completed, would infringe the copyright in some other work.
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