Intellectual
Property Rights
COPYRIGHT ACT 1957
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, 3[except the right conferred by section 53A],
27[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 3[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
judgement, 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.
7[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 3[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
judgement, 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 cognisance shall be taken of any conviction
made before the commencement of the Copyright (Amendment) Act, 1984 (65
of 1984).]
3[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 punishable with imprisonment for a term which shall not be less
than seven days 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 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 judgement, not impose any sentence of imprisonment and may impose
a fine which may extend to fifty thousand rupees.]
64. Power of police to seize infringing copies
4[(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 purpose 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, 7[or plates] seized under sub-section
(1) may, within fifteen days of such seizure, make an application to the
magistrate for such copies 7[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.
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 27[two years and shall also be liable
to fine.]
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 it to be infringing copies, or plates for
the purpose of making infringing copies, be delivered up to the owner
of the copyright.
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.
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.
7[68A. Penalty for contravention of section 52A
Any person who publishes
a 10[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.]
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.
70. Cognisance of offences
No court inferior to that
of 28[a Metropolitan Magistrate or a Judicial Magistrate of a the First
Class] shall try any offence under this Act.
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