Section 55 of CA, 1957 : Section 55: Civil Remedies For Infringement Of Copyright

Explanation using Example

Let's consider a hypothetical scenario where John, a renowned author, finds out that his copyrighted book has been reproduced and sold without his permission by Mark, a local bookstore owner. Here, Section 55 of The Copyright Act, 1957 comes into play.

(1) According to this section, John, being the owner of the copyright, can seek legal remedies like injunction (stopping Mark from further selling), damages (compensation for the loss he suffered), and accounts (details of all unauthorized sales). However, if Mark can prove that he was not aware of the copyright on the book, John can only obtain an injunction and a decree for part or whole of the profits Mark made from selling the infringing copies.

(2) Also, in the case where John's name appears as the author on the copies of the book sold by Mark, John will be presumed to be the author in any legal proceedings related to copyright infringement, unless Mark can prove otherwise.

(3) The court will decide who will bear the costs of all parties in the legal proceedings related to the copyright infringement.