Section 63 of CA, 1957 : Section 63: Offences Of Infringement Of Copyright Or Other Rights Conferred By This Act

Explanation using Example

Let's consider a hypothetical scenario: John, a popular music producer, creates a unique piece of music and copyrights it. Later, he finds out that another musician, Alex, without John's permission, has used his music in a commercial album and is making profits from it. This act of Alex is a clear infringement of John's copyright under the Copyright Act, 1957.

Under Section 63 of the Act, Alex can be punished with imprisonment for a term not less than six months but which may extend to three years, and also with a fine not less than fifty thousand rupees but which may extend to two lakh rupees.

However, if Alex had used John's music not for profit but for a non-commercial purpose, the court, citing adequate and special reasons, may impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

It's important to note that if Alex had constructed a building that somehow resembled the structure of John's music (a scenario that is very unlikely in reality but is included for the sake of completeness), this would not be considered an offence under this section as per the explanation provided in the Act.