Section 61 of CA, 1957 : Section 61: Owner Of Copyright To Be Party To The Proceeding

Explanation using Example

Let's consider a hypothetical scenario. John Doe is a renowned author who owns the copyright to his novel. He grants an exclusive license to XYZ Publishing House to publish and distribute his novel. Later, XYZ discovers that another company, ABC Publications, is illegally printing and selling copies of John's novel, infringing upon XYZ's exclusive rights.

Application of Subsection (1): XYZ, as the exclusive licensee, decides to file a civil suit against ABC for copyright infringement. According to Section 61(1) of The Copyright Act, 1957, John Doe, the copyright owner, must also be made a defendant in this suit, unless the court directs otherwise. John has the right to dispute the claim made by XYZ if he wishes.

Application of Subsection (2): If XYZ's lawsuit against ABC is successful, Section 61(2) of The Copyright Act, 1957 states that John Doe, the copyright owner, cannot file a fresh suit against ABC for the same cause of action.