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

Rahul, a bookseller, holds a stock of copies later found to infringe copyright in a textbook. The owner, Sunita, seeks damages for conversion of those copies. Rahul proves he had reasonable grounds for believing the copies did not involve infringement. Under section 58 of the Copyright Act, 1957, what is the effect?

Sunita is not entitled to a remedy for conversion of the copies, because Rahul proved reasonable grounds for believing they did not infringe. Infringing copies are deemed the owner's property, but the proviso to section 58 bars the conversion remedy in that situation.

  1. ASunita cannot claim any remedy in respect of conversion of the copies, though they are deemed her propertyCorrect
  2. BThe copies cease to be deemed her property
  3. CSunita can claim conversion only if she registers the work
  4. DSunita is entitled to conversion because belief is irrelevant

Explanation

Section 58 deems infringing copies the owner's property, but the proviso denies any remedy in respect of conversion if the opponent proves he had reasonable grounds for believing the copies did not infringe (or was unaware copyright subsisted). The proviso limits the conversion remedy; it does not alter the deeming of ownership.

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