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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Veda Publications finds that a stationer in Pune holds 500 unauthorised photocopied copies of its copyrighted guidebook. Under the Copyright Act, 1957, what is the legal status of these infringing copies?

Infringing copies are deemed to be the property of the copyright owner under Section 58. The owner may take proceedings to recover possession of them or in respect of their conversion, without waiting for any conviction of the holder.

  1. AThey are deemed to be the property of the owner of the copyright, who may take proceedings for their recovery of possessionCorrect
  2. BThey remain the stationer's property until a court convicts him
  3. CThey become property of the Central Government immediately
  4. DThey must be destroyed by the stationer within fifteen days

Explanation

Section 58 provides that all infringing copies of a work in which copyright subsists, and plates used for producing them, are deemed to be the property of the copyright owner, who may sue for recovery of possession or for conversion. Conviction is not a precondition, so the stationer's ownership claim fails.

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