Copyright Act, 1957
58. Right 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 not
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.
NOTES
Infringing copies and price of copies sold can
be recovered by owner of copyright - Gopal Das v. Jagannath Prasad. AIR 1938 ALL
266.