Section 51 of CA, 1957 : Section 51: When Copyright Infringed

Explanation using Example

Let's consider a hypothetical scenario to understand Section 51 of The Copyright Act, 1957. Suppose Mr. A is a popular author who has written a best-selling novel. The copyright of this novel lies with Mr. A.

One day, Mr. B, who owns a bookstore, starts selling photocopies of the novel without obtaining any license from Mr. A or the Registrar of Copyrights. This is a clear violation of part 'a' of the act as Mr. B is doing something that is the exclusive right of the copyright owner, Mr. A.

In another instance, Mr. C, a club owner, starts playing a movie based on the novel in his club for profit, without Mr. A's permission. Mr. C was aware that the movie is copyrighted. This is a violation of part 'a, ii' as Mr. C is using the place for communication of the work to the public which infringes the copyright.

Further, Mr. D, an online retailer, starts selling imported copies of the novel without Mr. A's permission. This is a violation of part 'b, iv' as he is importing infringing copies of the work. However, if Mr. E, a reader, imports a single copy of the novel for his private use, it would not be considered a violation due to the provided exception in the act.

In all these cases, the actions of Mr. B, C, and D can be deemed as copyright infringement under Section 51 of The Copyright Act, 1957.