marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XII : CIVIL REMEDIES
58. 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 (b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.
CHAPTER XII : CIVIL REMEDIES
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.
CHAPTER XII : CIVIL REMEDIES
60. Remedy in the case of groundless threat of legal proceedings.
 Where any person claiming to be the owner of copyright in any work, by circulars, 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 2[in section 34 of the Specific Relief Act, 1963 (47 of 1963)], 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 the continuance 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.
CHAPTER XII : CIVIL REMEDIES
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.
CHAPTER XII : CIVIL REMEDIES
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. Offences 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 1[except the right conferred by section 53A],
2[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees]:
Provided that 1[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]
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.
CHAPTER XIII : OFFENCES
63A. Enhanced penalty on second and subsequent convictions.
 Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that 4[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction
made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]
CHAPTER XIII : OFFENCES
63B. Knowing use of infringing copy of computer programme to be an offence.
Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishablewithimprisonmentforatermwhichshallnotbelessthansevendaysbutwhichmayextendto three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh
rupees:
Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.]
CHAPTER XIII : OFFENCES
64. Power of police to seize infringing copies.
[(1) Any police officer, not below the rank of a sub- inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.]
(2) Any person having an interest in any copies of a work 3[, or plates] seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies 2[, or plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.
CHAPTER XIII : OFFENCES
65. Possession of plates for purpose of making infringing copies.
 Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to 4[two years and shall also be liable to fine.]
CHAPTER XIII : OFFENCES
65A. Protection of technological measures.
 (1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) shall prevent any person from,—
(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:
Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all
relevant particulars necessary to identify him and the purpose for which he has been facilitated; or
(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or
(c) conducting any lawful investigation; or
(d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or
(e) operator; or
(f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or
(g) taking measures necessary in the interest of national security.
CHAPTER XIII : OFFENCES
65B. Protection of Rights Management Information.
 Any person, who knowingly, —
(i) removes or alters any rights management information without authority, or
(ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies
of any work, or performance knowing that electronic rights management information has been removed
or altered without authority,
shall be punishable with imprisonment which may extend to two years and shall also be liable to fine:
Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under Chapter XII against the persons indulging in such acts.]
CHAPTER XIII : OFFENCES
66. Disposal of infringing copies or plates for purpose of making infringing copies.
 The Court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright 1[or may make such order as it may deem fit regarding the disposal of such copies or plates].
CHAPTER XIII : OFFENCES
67. Penalty for making false entries in register, etc., for producing or tendering false entries.
— Any person who,—
(a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or
(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or
(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing
the same to be false,
shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
CHAPTER XIII : OFFENCES
68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer.
 Any person who,—
(a) with a view to deceiving any authority or officer in the execution of the provisions of this Act, or
(b) with a view to procuring or influencing the doing or omission of anything in relation to this Act or any
matter thereunder,
makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
CHAPTER XIII : OFFENCES
68A. Penalty for contravention of section 52A.
 Any person who publishes a 2[sound recording] or a video film in contravention of the provisions of section 52A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.]
CHAPTER XIII : OFFENCES
69. Offences by companies.
(1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.— For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association of persons; and (b) “director”, in relation to a firm means a partner in the firm.
CHAPTER XIII : OFFENCES
70. Cognizance of offences.
 No Court inferior to that of 3[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence under this Act. 3 Subs. by Act 23 of 1983, s.22, for “a Presidency Magistrate or a Magistrate of the first class” (w.e.f. 9-8-1984)
CHAPTER XIV : APPEALS
71. Appeals against certain orders of Magistrate.
Any person aggrieved by an order made under sub-
section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to the Court to
which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal. 1 Ins. by Act 65 of 1984, s. 9, (w.e.f. 08-10-1984)
2 Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
3 Subs. by Act 23 of 1983, s.22, for “a Presidency Magistrate or a Magistrate of the first class” (w.e.f. 9-8-1984)
CHAPTER XIV : APPEALS
72. Appeals against orders of Registrar of Copyrights and Appellate Board.
 (1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date
1
of the order or decision, appeal to the [Appellate Board].
(2) Any person aggrieved by any final decision or order of the 1 [Appellate Board], not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:
1
Provided that no such appeal shall lie against a decision of the [Appellate Board] under section 6.
(3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded. 
1 Subs. by Act 7 of 2017, s.160, for “Copyright Board”(w.e.f. 26-5-2017).
CHAPTER XIV : APPEALS
73. Procedure for appeals.
— The High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under section 72.
CHAPTER XV : MISCELLANEOUS
74. Registrar of Copyrights and Appellate Board to possess certain powers of civil courts.
The
Registrar of Copyrights and the 1[Appellate Board] shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, —
(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) requisitioning any public record or copy thereof from any court or office;
(f) any other matter which may be prescribed.
Explanation.— For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of
the Registrar of Copyrights or the 1[Appellate Board], as the case may be, shall be the limits of the territory of India. 1 Subs. by Act 7 of 2017, s.160, for “Copyright Board”(w.e.f. 26-5-2017).
CHAPTER XV : MISCELLANEOUS
75. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree.
 Every order made by the Registrar of Copyrights or the 1[Appellate Board] under this Act for the payment of any money or by the High Court in any appeal against any such order of the 1[Appellate Board] shall, on a certificate issued by the Registrar of Copyrights, the 1[Appellate Board] or the Registrar of the
1 Subs. by Act 7 of 2017, s.160, for “Copyright Board”(w.e.f. 26-5-2017).
  
High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.
CHAPTER XV : MISCELLANEOUS
76. Protection of action taken in good faith.
No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
CHAPTER XV : MISCELLANEOUS
77. Certain persons to be public servants.
Every officer appointed under this Act and every member of the 1[Appellate Board] shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 1 Subs. by Act 7 of 2017, s.160, for “Copyright Board”(w.e.f. 26-5-2017).
2 For the Copyright Rules, 1958, see Gazette of India, Extra., Pt. II, s.3, p.167. 3 Clause (a) omitted by Finance Act, 2017, s. 160(e).
4 Ins. by Act 27 of 2012, s. 39(ii) (w.e.f. 21-06-2012)
5 Ins. by Act 38 of 1994, s. 24 (w.e.f. 10-5-1995)
6 Ins. by Act 27 of 2012, s. 39(iii) (w.e.f. 21-06-2012)
CHAPTER XV : MISCELLANEOUS
79. Repeals, savings and transitional provisions.
 (1) The Indian Copyright Act, 1914 (3 of 1914),
and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 are hereby repealed.
(2) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by the 1[Appellate Board].
(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).
(4) Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprisingsuchcopyrightshall,asfromthedateofsuchcommencement,betherightsspecifiedin section14in relation to the class of works to which such work belongs, and where any new rights are
conferred by that section, the owner of such rights shall be—
(a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest;
(b) in any other case, the person who was the first owner of the copyright in the work under any Act repealed by sub-section (1) or his legal representatives.
(5) Except as otherwise provided in this Act, where any person is entitled immediately before the
commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act had not come into force.
(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.
(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.
1 Subs. by Act 7 of 2017, s.160, for “Copyright Board”(w.e.f. 26-5-2017).