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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Asha Publications finds a stockist, Ravi, holding 500 unauthorised printed copies of a novel in which her copyright subsists. Under the Copyright Act, 1957, who is deemed to be the owner of these infringing copies?

The copyright owner is deemed to own the infringing copies. Section 58 of the Copyright Act treats all infringing copies and the plates used to produce them as the copyright owner's property, so the owner can sue to recover possession or for their conversion.

  1. AThe stockist Ravi, who holds them
  2. BThe owner of the copyright in the novelCorrect
  3. CThe Registrar of Copyrights until a court decides
  4. DThe printer who made the copies

Explanation

Section 58 provides that all infringing copies of a work in which copyright subsists, and the plates used to make them, are deemed to be the property of the copyright owner. The owner may sue for recovery of possession or for conversion. Ravi's physical possession does not give him ownership.

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