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

Meenakshi Prints Pvt Ltd (Chennai) finds that a trader in Madurai holds 500 unauthorised photocopies of a registered textbook in which its copyright subsists. Under the Copyright Act, 1957, in whose property are these infringing copies deemed to be?

The infringing copies are deemed to be the property of the copyright owner. Section 58 of the Copyright Act, 1957 gives the owner the right to take proceedings to recover possession of the copies, or in respect of their conversion, along with the plates used to make them.

  1. AThe trader holding them, until a court orders their seizure
  2. BThe owner of the copyrightCorrect
  3. CThe Registrar of Copyrights, pending the court's decision
  4. DThe Central Government, as confiscated goods

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 to recover possession or in respect of their conversion. The trader does not keep ownership merely by holding the copies.

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