) The 2 [Appellate Board] shall be deemed to be a civil court for the purposes of 6 [sections 345 and 346

of the Code of Criminal Procedure, 1973] and all proceedings before the Board shall be deemed to be
judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.

14. Meaning of Copyright.— For the purposes of this Act, “copyright” means the exclusive right subject
to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work
or any substantial part thereof, namely:— (a) in the case of a literary, dramatic or musical work, not
being a computer programme,—

(i) to reproduce the work in any material form including the storing of it in any medium by electronic
means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to
perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or
sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any
adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the
acts specified in relation to the work in sub-clauses (i) to (vi);

CHAPTER IV OWNERSHIP OF COPYRIGHT AND RIGHTS OF THE OWNER 17. First owner of copyright.—
Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright
therein: Provided that— (a) in the case of a literary, dramatic or artistic work made by the author in the
course of his employment by the proprietor of a newspaper, magazine or similar periodical under a
contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner
of the copyright in the work in so far as the copyright relates to the publication of the work in any
newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its
being so published, but in all other respects the author shall be the first owner of the copyright in the
work;

18. Assignment of copyright.— (1) The owner of the copyright in an existing work or the prospective
owner of the copyright in a future work may assign to any person the copyright either wholly or partially
and either generally or subject to limitations and either for the whole term of the copyright or any part
thereof: Provided that in the case of the assignment of copyright in any future work, the assignment
shall take effect only when the work comes into existence.

(2) If any dispute arises with respect to the assignment of any copyright, the 3 [Appellate Board] may, on
receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary,
pass such order as it may deem fit including an order for the recovery of any royalty payable: Provided
that the 3 [Appellate Board] shall not pass any order under this sub-section to revoke the assignment
unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also
the author: 4 [Provided further that, pending the disposal of an application for revocation of assignment
under this subsection, the 3 [Appellate Board] may pass such order, as it deems fit regarding
implementation of the terms and conditions of assignment including any consideration to be paid for
the enjoyment of the rights assigned: Provided also that] no order of revocation of assignment under
this sub-section, shall be made within a period of five years from the date of such assignment.]

[(3) Every complaint received under sub-section (2) shall be dealt with by the 3 [Appellate Board] as far
as possible and efforts shall be made to pass the final order in the matter within a period of six months
from the date of receipt of the complaint and any delay in compliance of the same, the 3 [Appellate
Board] shall record the reasons thereof.]

CHAPTER XI INFRINGEMENT OF COPYRIGHT 51. When copyright infringed.— Copyright in a work shall be
deemed to be infringed— (a) when any person, without a licence granted by the owner of the copyright
or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted
or of any condition imposed by a competent authority under this Act— (i) does anything, the exclusive
right to do which is by this Act conferred upon the owner of the copyright, or 1 [(ii) permits for profit any
place to be used for the communication of the work to the public where such communication
constitutes an infringement of the copyright in the work, unless he was not aware and had no
reasonable ground for believing that such communication to the public would be an infringement of
copyright; or] (b) when any person— (i) makes for sale or hire, or sells or lets for hire, or by way of trade
displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as
to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports
2*** into India, any infringing copies of the work:

5. 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

discretion of the court.

57. Author’s special rights.— 1 [(1) Independently of the author’s copyright and even after the
assignment 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 in relation to the said work 2 [***] if such distortion, mutilation,
modification or other act would be prejudicial to his honour or reputation: Provided that the author
shall not have any right to restrain or claim damages in respect of any adaptation of a computer
programme to which clause (aa) of sub-section (1) of section 52 applies.

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.

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. Offence 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.]

64. Power of police to seize infringing copies.— 2 [(1) Any police officer, not below the rank of a
subinspector, 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

. 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:

70. Cognizance of offences.— No Court inferior to that of 3 [a Metropolitan Magistrate or a Judicial

72. Appeals against orders of Registrar of Copyrights and 1 [Appellate Board].— (1) Any person
aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from
the date of the order or decision, appeal to the 1 [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:

57. Author’s special rights.— 1 [(1) Independently of the author’s copyright and even after the
assignment 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 in relation to the said work 2 [***] if such distortion, mutilation,
modification or other act would be prejudicial to his honour or reputation: Provided that the author
shall not have any right to restrain or claim damages in respect of any adaptation of a computer
programme to which clause (aa) of sub-section (1) of section 52 applies. Explanation.— Failure to display
a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the
rights conferred by this section.] (2) The right conferred upon an author of a work by sub-section (1), 3
[***], may be exercised by the legal representatives of the author.