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

Karan, a Chennai printer, bought a batch of books from a wholesaler and sold them, honestly believing they were genuine. The books were infringing copies, and the owner sued for conversion. Under section 58 of the Copyright Act, 1957, which fact would defeat the owner's remedy for conversion?

Karan would defeat the conversion claim by proving he was unaware, and had no reasonable ground to believe, that copyright subsisted in the work. Paying the price or selling part of the stock is not a statutory defence under the proviso to section 58.

  1. AKaran proves he was unaware and had no reasonable ground to believe copyright subsisted in the workCorrect
  2. BKaran had paid the wholesaler full price
  3. CKaran had already sold half the copies
  4. DThe owner had not registered the work

Explanation

Infringing copies are deemed the owner's property. Under the proviso to section 58, the owner gets no conversion remedy 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. Payment or partial sale is not a listed defence.

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