Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Copyright Infringement and Civil Remedies under the Copyright Act

Updated 11 October 2026 · Fact-checked

Copyright infringement happens when someone does, without the owner's licence, an act reserved to the owner, or deals with infringing copies. The owner can claim injunction, damages and accounts under section 55, and recover infringing copies and plates under section 58. Answer by stating the provision, applying the facts, then concluding.

Understand Copyright Infringement and Civil Remedies

Copyright gives the owner exclusive rights over a work, such as copying, publishing or communicating it to the public. Infringement means another person does one of these reserved acts without the owner's permission, or deals in infringing copies, and no statutory exception applies. Copyright is infringed by the unauthorised act, not by the idea being similar.

The Act gives the owner civil remedies. Under section 55(1), the owner is entitled, except as otherwise provided by the Act, to all remedies by way of injunction, damages, accounts and otherwise as are conferred by law for the infringement of a right. An injunction stops the wrong. Damages compensate the loss. Accounts make the defendant hand over the profits he made.

Section 55 has a safeguard for an innocent defendant. If the defendant proves that at the date of infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff is entitled to no remedy other than an injunction 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.

Section 55(2) helps the plaintiff prove ownership. Where a name purporting to be that of the author or publisher appears on published copies (or, for an artistic work, appeared on the work when made), that person is presumed, unless the contrary is proved, to be the author or publisher. Under section 55(3), the costs of all parties are in the court's discretion.

Section 58 deals with the copies themselves. All infringing copies of a work in which copyright subsists, and all plates used or intended to be used to make them, are deemed to be the property of the copyright owner. The owner can take proceedings to recover possession, or for their conversion. There is a proviso: no remedy for conversion is available if the opponent proves he was not aware and had no reasonable ground to believe that copyright subsisted in the work, or that he had reasonable grounds to believe the copies or plates did not involve infringement.

Some acts are not infringement. For broadcast reproduction right and performer's right, section 39 says there is no infringement by a recording made for private use or solely for bona fide teaching or research, by use consistent with fair dealing of excerpts of a performance or broadcast in reporting current events or for bona fide review, teaching or research, or by other acts that do not constitute infringement of copyright under section 52. Section 52 is the provision on acts that are not infringement of copyright. Read its full list in your study material and apply it to the facts.

Key rules to remember

Civil remedies, section 55(1): Owner may claim injunction + damages + accounts + other remedies conferred by law; Subject to the Act. Damages and accounts are separate heads of relief.
Innocent infringer, proviso to section 55(1): Defendant proves unaware + no reasonable ground to believe copyright subsisted → plaintiff entitled to no remedy other than injunction + decree for whole or part of profits from sale of infringing copies, as the court deems reasonable; The defendant must prove it. The plaintiff gets no other remedy in that case.
Presumption of authorship, section 55(2): Name appearing as author or publisher on published copies → presumed author or publisher unless contrary proved; Covers literary, dramatic, musical, artistic works, and, subject to section 13(3), films and sound recordings.
Property in infringing copies, section 58: Infringing copies and plates = deemed property of copyright owner; owner may sue for possession or conversion; No remedy for conversion if the opponent proves lack of awareness of subsisting copyright, or reasonable belief that copies or plates are not infringing.
Rights management information, section 65B: Knowingly removing or altering RMI without authority, or distributing works knowing electronic RMI was removed → imprisonment up to 2 years + fine; Owner may also use civil remedies under Chapter XII if RMI is tampered with. This is a criminal provision, kept separate from civil relief.
Costs, section 55(3): Costs of all parties are in the court's discretion; Do not say costs automatically follow the event.

How to solve Copyright Infringement and Civil Remedies questions

Use the same order for every problem or theory question on infringement and remedies.

1Identify the work and check that copyright subsists in it, and who the owner is (apply the section 55(2) presumption if a name appears on the copies).
2Identify the act done by the defendant and match it to a right reserved to the owner. Note whether he had a licence.
3Test the exceptions: fair dealing and other acts under section 52 (or section 39 for broadcast and performer's rights). Fair dealing depends on purpose and extent.
4Decide the remedies: injunction, damages, accounts under section 55(1), and recovery or conversion of copies and plates under section 58.
5Check the innocence defences: the proviso to section 55(1) limits relief, and the proviso to section 58 bars conversion remedy.
6If the facts involve removal of rights management information, mention section 65B as a criminal liability and the civil remedy alongside.
7Write a clear conclusion that states exactly what the owner can and cannot get.

Quickest way: Four-line answer frame: Work, Act, Defence, Relief

When to use it: Use it for short-note or case-study questions when time is tight.

Work: state that copyright subsists and who owns it.
Act: state the reserved right used without licence, so infringement is made out.
Defence: test fair dealing or innocence, and say whether it succeeds.
Relief: list section 55 remedies and section 58 delivery up, then conclude in one line.

Common mistakes in Copyright Infringement and Civil Remedies

Saying the owner always gets damages.
Students read section 55(1) and forget its proviso.
Fix: Check whether the defendant proves he was unaware and had no reasonable ground to believe copyright subsisted. If so, only an injunction and a profits decree are available.
Confusing the section 55 proviso with the section 58 proviso.
Both provisos refer to lack of awareness.
Fix: The section 55 proviso limits relief to an injunction and profits only where the defendant proves he was unaware and had no reasonable ground for believing copyright subsisted. Section 58 bars only the conversion remedy for infringing copies. Section 58's proviso also covers reasonable belief that the copies do not infringe.
Treating any use of a work for study as fair dealing.
Students memorise the purposes but ignore the 'fair' element.
Fix: Show the purpose and also that the extent used is reasonable. Copying a whole work for commercial resale is not fair dealing.
Applying section 39 to ordinary copyright works.
Section 39 and section 52 both list non-infringing acts.
Fix: Section 39 applies to broadcast reproduction right and performer's right. Section 52 is the main list for copyright in works.
Mixing civil and criminal remedies in one list.
Section 65B and section 55 both appear in infringement questions.
Fix: Keep civil relief (injunction, damages, accounts, delivery up) separate from penalties such as section 65B's imprisonment up to two years and fine.

Worked examples

Example 1

Meera, a Pune author, has published a novel with her name on every copy. Rohan prints and sells 5,000 unauthorised copies of it without her licence. Meera sues him. State the remedies available to her, including action against the copies and printing plates.

Show the solution

Provision: under section 55(1), where copyright is infringed the owner is entitled to injunction, damages, accounts and other remedies available at law.
Ownership: Meera's name appears on the published copies, so under section 55(2) she is presumed to be the author unless Rohan proves otherwise.
Facts: Rohan's unlicensed printing and sale of copies is an act reserved to the owner, and no exception is mentioned, so infringement is made out.
Copies and plates: under section 58, the infringing copies and the plates used to make them are deemed Meera's property. She may sue to recover possession or for conversion.
Defences: Rohan could limit Meera's relief to an injunction and profits only if he proves he was unaware and had no reasonable ground to believe copyright subsisted. Nothing in the facts suggests this for a published novel.
Costs are in the court's discretion under section 55(3).

Answer: Meera can obtain an injunction, damages or an account of profits, and recovery of the infringing copies and plates under section 58. Rohan has no statutory defence on these facts.

Example 2

Asha runs a printing shop in Jaipur. She bought 200 copies of a guidebook from a supplier, believing on reasonable grounds that they were genuine licensed copies. The copyright owner later claims the copies and seeks damages for conversion. Advise.

Show the solution

Provision: section 58 makes infringing copies the deemed property of the owner, who may sue for possession or conversion.
Proviso: the owner is not entitled to any remedy in respect of the conversion of infringing copies if the opponent proves she had reasonable grounds for believing that the copies do not involve infringement.
Application: Asha bought from a supplier and reasonably believed the copies were licensed. If she proves this, the owner has no remedy for conversion against her, so the claim for damages for conversion fails.
Limit: the proviso speaks only of the remedy in respect of conversion. It does not expressly bar proceedings for recovery of possession of the copies.
Section 55: any relief for infringement under section 55 is a separate question. It is limited to an injunction and profits only if Asha separately proves she was unaware and had no reasonable ground to believe copyright subsisted in the work. Her belief that the copies were licensed does not by itself prove that.
Conclusion: the conversion claim fails if Asha proves her reasonable belief.

Answer: If Asha proves reasonable grounds for believing the copies were not infringing, the owner has no remedy for conversion under the proviso to section 58, so the claim for damages for conversion fails. The proviso does not expressly bar proceedings for recovery of possession. Any relief under section 55 depends on separate proof of the conditions of the section 55 proviso.

Exam tips

Always cite section 55 for remedies and section 58 for infringing copies. Cite the exact section when you can.
Write both provisos in one comparison line: section 55 proviso limits relief to injunction and profits, section 58 proviso bars conversion.
In fair dealing answers, link the purpose to the facts and state that the extent used must be fair. Do not just list purposes.
Write a final conclusion line in every case study stating exactly which remedies the owner gets.
For civil versus criminal questions, put section 55 and section 58 on the civil side and section 65B on the penal side.

Practice questions from Intellectual Property Rights

Copyright Infringement and Civil Remedies in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalOwner's Rights Against Infringing Copies

Copyright Infringement and Civil Remedies: frequently asked questions

What does section 58 of the Copyright Act say?

It says all infringing copies of a work in which copyright subsists, and the plates used or intended for making them, are deemed to be the owner's property. The owner can sue to recover possession or for conversion. No conversion remedy lies if the opponent proves he was unaware and had no reasonable ground to believe copyright subsisted, or had reasonable grounds to believe the copies did not infringe.

What civil remedies does a copyright owner have?

Under section 55(1), the owner can claim injunction, damages, accounts and other remedies available at law. Section 58 adds recovery of infringing copies and plates. Costs are in the court's discretion.

What is fair dealing under the Copyright Act, 1957?

Section 39(b) says that use consistent with fair dealing of excerpts of a performance or broadcast, in reporting current events or for bona fide review, teaching or research, does not infringe broadcast reproduction right or performer's right. Whether a use is fair depends on its purpose and extent, so argue it on the facts. Section 39(c) also refers to acts that do not constitute infringement of copyright under section 52. Check that section in your study material for the full list.

How are civil and criminal remedies in copyright different?

Civil remedies such as injunction, damages, accounts and delivery up compensate or stop the owner's loss. Criminal provisions punish the wrongdoer. For example, section 65B provides imprisonment up to two years and fine for knowingly removing rights management information without authority.