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

Lakshmi owns copyright in a software manual. Dinesh, a bookseller, bought 200 copies of a pirated edition, honestly believing on reasonable grounds that they did not infringe any copyright. Lakshmi sues for recovery of possession of the copies and for their conversion. Under section 58 of the Copyright Act, 1957, which is correct?

Infringing copies are deemed the copyright owner's property, so Lakshmi can sue for their possession. But the proviso bars the conversion remedy if the opponent proves he had reasonable grounds to believe the copies did not infringe. Dinesh's proof therefore defeats only the conversion claim.

  1. ALakshmi can claim possession of the infringing copies, but is not entitled to a remedy for conversion if Dinesh proves reasonable grounds for believing there was no infringementCorrect
  2. BLakshmi is entitled to neither possession nor conversion remedies
  3. CLakshmi is entitled to conversion remedy regardless of Dinesh's belief
  4. DLakshmi's rights over the copies arise only after a court declares them infringing

Explanation

Section 58 deems infringing copies to be the owner's property, so she may take proceedings for recovery of possession or conversion. The proviso denies the conversion remedy if the opponent proves he was unaware, with no reasonable ground to believe copyright subsisted, or had reasonable grounds to believe the copies did not infringe. Dinesh's reasonable belief defeats only the conversion claim.

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