Remedies available for Copyright Infringement

Section 55 (1) says that if the copyright of an owner’s work has been infringed, then he is entitled to all kinds of remedies that the Copyright Act, 1957 provides, which includes an injunction, damages, accounts, etc. 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 deem reasonable in the circumstances if the defendant proves that he was not aware and had no reasonable ground for believing that copyright existed in the work at the time of the infringement.

Section 55 (2) talks about when the name of the author or publisher of a literary, dramatic, musical, or artistic work appears on copies of the work as published, or appeared on the work when it was made, the person whose name appears or appeared shall, unless the contrary is proven, be presumed to be the author or publisher of the work, as the case may be, in any proceeding in respect of infringement of copyright in such work.

Section 56 of the act talks about the protection of separate rights when the copyright of any work is owned by different people. This provision says that when the various rights that make up the copyright in a work are owned by different people, the owner of any of those rights is entitled to the remedies provided by this Act, and may individually enforce that right through any suit, action, or any other proceeding without making the owner of any other right a party to his actions.

Section 57 talks about the author’s special rights which provide authorship of the work to the original author and also provides him the right to restrain or claim damages if any sort of modification or distortion takes place, which is detrimental to his reputation. 

If an alleged infringer proves that he was unaware of copyright in the work of which such copies are alleged to be infringing copies and had no reasonable grounds to believe that copyright existed in his work or in another situation, where he proves that he has reasonable grounds that his copies do not infringe the right of the plaintiff’s work, then the plaintiff will not be entitled to any remedy described in Section 58.

As per Section 59, after the commencement of the construction of a building or any other structure, if the plaintiff claims that this construction infringes or would infringe his copyright in the work in the future, he will not be entitled to an injunction nor would he be entitled to restrain the construction or any other order to demolish the said construction.

As per Section 60, any person aggrieved may institute a declaratory suit in which a person claiming to be the owner of copyright in any work threatens any other person with legal proceedings or liability in respect of an alleged infringement of the copyright, by circulars, advertisements, or otherwise, and may in any such suit obtain an injunction against the person issuing the threats or can recover damages if he was sustained by the reason of threats. 

Section 61 of the act talks about the owner of the copyright to be a party to the proceeding initiated by the exclusive licensee of the work. Section 61(1) says that unless the court orders otherwise, the owner of the copyright shall be made a defendant in any civil suit or other proceeding brought by an exclusive licensee alleging infringement of copyright, and where such owner is made a defendant, he shall have the right to contest or dispute the exclusive licensee’s claim.

Section 61(2) provides that if a civil suit or any other proceeding brought by an exclusive licensee for infringement of copyright is successful, the owner of the copyright will not be able to bring a new suit or any other proceeding for the same cause of action.

References:-

https://copyright.gov.in/documents/copyrightrules1957.pdf

https://www.advocatekhoj.com/library/bareacts/copyright/index.php?Title=Copyright%20Act,%201957.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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