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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

A bookseller, Kiran, holds 500 copies of a textbook that the owner claims are infringing copies. Kiran proves he had reasonable grounds for believing the copies did not involve infringement of copyright in any work. In the owner's action under Section 58, which statement is correct?

The owner may still take proceedings to recover possession of the copies, but cannot claim a remedy for their conversion. Under the proviso to Section 58, an opponent who proves reasonable grounds for believing the copies were not infringing defeats only the conversion remedy.

  1. AThe copies cease to be the owner's property, so no proceedings of any kind lie
  2. BThe owner may recover possession but cannot claim a remedy for conversion of the infringing copiesCorrect
  3. CThe owner may claim conversion damages, because belief is irrelevant
  4. DThe owner loses both possession and conversion remedies

Explanation

Section 58 deems infringing copies the owner's property, so he may take proceedings for recovery of possession or for conversion. The proviso denies a remedy in respect of conversion if the opponent proves he was unaware of subsistence of copyright or had reasonable grounds to believe the copies were non-infringing. Possession remedy is not removed by the proviso.

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