Section 64 of CA, 1957 : Section 64: Power Of Police To Seize Infringing Copies

Explanation using Example

Let's consider a scenario where John, a sub-inspector, receives credible information that an unauthorized printing press is producing and selling copies of a popular novel, thereby infringing the copyright. As per Section 64(1) of The Copyright Act, 1957, John can, without a warrant, seize all copies of the novel and the plates used for printing from the press. He would then have to produce these seized items before a Magistrate as soon as practicable.

Now, if the owner of the printing press, Mr. Smith, claims to have a legitimate interest in the seized items, he can, within fifteen days of the seizure, apply to the Magistrate for their restoration. This is as per Section 64(2). The Magistrate, after hearing both Mr. Smith and John, and conducting any necessary further inquiries, would then make a decision on the application as deemed fit.