UNIT: - TWO

COPY RIGHT LAW

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Quest: - Discuss the historical evolution of copyrights Law with recent amendments
Ans: -
I. History of Copyright Law in India
The roots of copyright law in India can be traced back to ancient times when manuscripts were
copied and preserved by scribes in palm-leaf manuscripts. The history of copyright law in India
dates back to the British colonial era. However, even before the British introduced the copyright
law in India, the Bombay High Court pronounced the Copyright Act of the United Kingdom to be
applicable in India in the case of McMillan v. Khan Bahadur Shamsul Ulama Zaka (1895- ILR
Bom 557). The first copyright law in India was the Copyright Act of 1847, which was mainly based
on the U.K. Copyright Act of 1842. The British colonial government, to protect British authors
and their works in India, enacted this Act. The term of copyright was for the lifetime of the author
plus seven years post-mortem. But in no case could the total term of copyright exceed a period of
forty-two years. The government could grant a compulsory licence to publish a book if the owner
of copyright, upon the death of the author, refused to allow its publication. Importantly, unlike
today, copyright in a work was not automatic. Registration of copyright with the Home Office was
mandatory for the enforcement of rights under the Act. However, the Act also specifically reserved
the subsistence of copyright in the author and his right to sue for its infringement to the extent
available in law other than the 1847 Act.
A decree issued by the British Government in October 1912 extended the UK Copyright Act, 1911,
to India. Later, the UK Copyright Act, 1847 was later completely replaced by the Indian Copyright
Act, 1914, which gave Indian authors and their works copyright protection. The U.K. Copyright
Act, 1911 heavily influenced this Indian Copyright Act of 1914, which was the first comprehensive
legislation that addressed copyright protection in the country. It provided exclusive rights to
authors and established a registration system for copyright
II. The Amendments to the Copyright Act
The Copyright Act of 1957 has undergone several amendments to adopt to the changing landscape
of intellectual property and technological advancements. The Act has been amended after 1957 in
1983, 1984, 1992, 1994 and 1999. In May 2012, both houses of the Indian Parliament unanimously
passed the Copyright Amendment Bill, 2012.

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 1. 1983 Amendment: Effected to benefit from Paris Revision Act 1971 of the Berne
Convention; orphaned unpublished works; Compulsory licence and copyright for
broadcast.
2. 1984 Amendment: provisions to discourage piracy of video films & record and other
minor incidental changes.
3. 1992 Amendment: Term of protection increased from life plus 50 to 60 years.
4. 1994 Amendment: Major amendments; definitions eg. Adaptation, communication to
public, infringement, reprography; Harmonized with Rome Convention; Broadcasting
right, Performer’s right and sound recording rights and collective administration by
copyright societies were introduced. Amendments to moral rights.
5. 1999 Amendment: Harmonized with TRIPS Agreement.
6. 2012 Amendment: Bringing Indian copyright law into compliance with the World
Intellectual Property Organization Treaties – the WIPO Copyright Treaty (WCT), 1996
and WIPO Performances and Phonograms Treaty (WPPT), 1996, extension of copyright
protection in the digital environment such as penalties for circumvention of technological
protection measures and rights management information, and liability of internet service
provider and introduction of statutory licenses for cover versions and broadcasting;
ensuring right to receive royalties for authors, and music composers, including
performers, exclusive economic and moral rights to performers, equal membership rights
in copyright societies for authors and other right owners and exception of copyrights for
physically disabled to access any works. -----------------------------------

Quest: - What do you mean by the term Copy Right? Discuss the subject matters of it.
Ans:-
I. Introduction
Copyright is a type of intellectual property right. Authors who have original works such as works
of literature (including computer programs, tables, collections, computer datasets, expressed in
words, codes, schemes, or in any other context, along with a device readable medium), dramatic,
musical, and artistic works, cinematographic films, and audio recordings are all awarded copyright
safeguards under Indian law. Instead of protecting the ideas themselves, Copyright Law safeguards
manifestations of ideas. Literary works, theatrical works, musical works, creative works,
cinematographic films, and sound recordings all have copyright protection under Section 13 of the

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Copyright Act of 1957. For instance, the Act protects literary works such as books and computer
programs
The term “copyright” refers to a collection of exclusive rights that Section 14 of the Act grants to
the owner of the copyright. Only the copyright owner or another person who has permission to do
so from the copyright owner may exercise these rights. These rights include the ability to adapt,
reproduce, publish, translate, and communicate with the public, among other things. Copyright
registration just establishes an entry for the work in the Copyright Register kept by the Registrar
of Copyrights and does not grant any rights.
II. Meaning of Copyright
The word copyright is a mixture of two words – ‘copy’ and ‘right’. To be more precise copyright
means ‘right to copy’, wherein only the creator or his authorised person has a right to reproduce a
work. In simple words, a legal right which is possessed by the owner of Intellectual property is a
copyright. In order to better understand the concept of copyright the elaboration must be taken into
consideration. With the help of a significant mental or intellectual ability, when a person creates a
unique product that product is viewed to be original. The unique creations including websites,
computer software, musical lyrics, art, literature, poetry, graphic designs, musical compositions,
novels, original architectural design, films, etc. Further, a copyright is a safeguard which protects
an original work from getting duplicated
III. Subject Matters of Copy Right
Section 13 of the Copyright Act 1957 explains about the subject matter of Copyright.
A) Original Musical Work
A musical work consists of music and may include graphical notations. However, it does not
include works intended to be sung, spoken, or performed with the music. In the 2012 Amendment,
statutory licenses were introduced for cover versions, allowing for certain adaptations of existing
musical works. It’s important to note that a song typically comprises both literary and musical
elements, with the lyrics protected as a literary work and the accompanying music considered a
musical work. These distinct rights may be owned by different individuals, with authorship varying
accordingly.
B) Original Dramatic Work
An original dramatic work encompasses various forms, including recitation pieces, choreographic
works, and entertainment expressed through physical gestures without speech. It involves fixed
expressions of the scenic arrangement and acting, whether in written form or other mediums,

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excluding cinematograph films. The terms “literary” and “dramatic” often go hand in hand, with
the principles applicable to literary works extending to dramatic works as well.
The author of a dramatic work is the individual responsible for creating and authoring the work,
shaping its characters, plot, and dialogue.
C) Original Artistic Work [Section 2(c)]
The Copyright Act defines an original artistic work to include a range of creative expressions.
This includes paintings, sculptures, drawings, diagrams, maps, charts, plans, engravings, and
photographs. The artistic quality of the work is not a prerequisite for copyright protection.
Additionally, architectural works and works of artistic craftsmanship fall within the scope of
original artistic works. The authorship of an artistic work, excluding photographs, lies with the
artist who created it. In the realm of photography, the person who captures the image is generally
acknowledged as the author. Notably, there have been discussions regarding the copyright
eligibility of a selfie taken by a monkey, with courts emphasising that intellectual property rights
pertain only to the creative works of humans.
D) Cinematography Films [Section 2(f)]
Cinematography films refer to visual recordings that capture moving images and may also include
accompanying sound recordings. The term “cinematograph” encompasses works created through
processes similar to cinematography, including video films. In the field of cinematography, the
producer of a film is credited with authorship and bears the creative and financial responsibility
for its production. The producer oversees the production process and ensures the artistic and
technical elements come together to create a cohesive audiovisual work.
E) Original Literary Work
An original literary work, as defined in the copyright statute, encompasses a wide range of creative
written expressions. It includes novels, poems, plays, essays, articles, short stories, speeches,
computer programs, databases, and other literary compositions. For a work to qualify for copyright
protection, it must be an original creation that showcases the author’s intellectual effort and not
just a copy of pre-existing material.
F) Sound Recording
According to The Copyright Act, 1957, sound recording means a recording of sounds from which
that sound may be produced regardless of the medium on which such recording is made or by
which method the sounds are produced.

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 IV. Conclusion
Copyright is the shield given by law in the hands of the original owner or author of any intellectual
property to be protected against the whole world. Therefore, by giving this shield lawmakers
encourage creativity and protect the original work of the creator. ---------------------
Quest: - Discuss the different kinds of Rights of Owner of a Copyright under Copyright Act.
Ans:-
Introduction
The principle of ‘ownership of copyrights’ would be the very first instance where the essence of a
copyright begins, which is a statutory right, vested on the person who owns the copyright. A key
variation should be clearly understood by the readers on the difference between ‘ownership’ and
‘authorship’ of copyrights, since both the terms sounds similar like ‘ownership’ and ‘possession’.
Section 17 of the Copyright Act, 1957 has categorically mentioned and clarified the difference
among the two terms which has laid down the essential conditions to acquire the position of
ownership to whom the copyright belongs and has provided what constitutes the first ownership
of the copyright. All the works that has been initiated and governed by a person would not
constitute a right of ownership which has been made understood through a landmark judgment
of Eastern Book Co. v Navin J Desai where an issue has been raised with regards to the ownership
of copyright on Government works. The Court held that the reproduction of any order or judgment
delivered by the Court or judicial authority would not make up an act of infringement and are open
to the public to reproduce and publish the same.
Section 17 of the Copyright Act, 1957: The conditions that are ought to be specifically kept in
mind while interpreting the state of ownership has been provided statutorily under Section 17 of
the principal Act are discussed as follows –

 For literary, dramatic or artistic works – The author who creates them would be the first
owner;
 Works performed under contractual service as an employment – ownership lies upon the
employer;
 In case of photographs shot for cinematographic films – ownership lies at whose instance
it has been taken;
 Works done under a value of consideration – ownership lies on the person who pays for
such work;
 For a speech delivered at public – ownership lies on who delivers such speech;
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  If a speech is made on behalf of another person – the person who assigned the work to
deliver such speech would be the owner of the same;
 Works published or orders passed by the Government or any organization – ownership lies
on the Government or the organization which has published it.
Rights of the owner of a Copyright
In order to exercise and enjoy the position of ownership of the copyrighted work, certain rights
have been conferred to the owner in terms of morality and on monetary benefits by the copyright
Act, 1957, and are also recognized by International conventions like TRIPS and Berne.
A) Economic rights of a Copyright Owner
Any right that yields or payoffs the owner monetarily are said to be the economic rights. The
economic right of the owner are been listed out in Section 14 of the principal Act, under the
meaning of copyright.
B) Right to reproduce the work
Reproduction is an act of copying from the previously finished works or giving it a differential
form by adding, editing or modifying the same. In short in means the right to copy. Such right
shall exclusively be exercised by the owner of the work and shall not be infringed by any other
person since the act of reproduction of the work may economically make benefits to its owner. Be
it a book which has been published or a compact disc that has been recorded and manufactured,
right of reproduction of copyrighted works are the basis to protect a work from the act of
exploitation. The concept of substantial and material copying has also been enclosed within the
reproductive right. In regards to the violation of copyright of the owner, it is not necessary to copy
the entire subject matter of the work to hold responsible for such infringement and a part of the
reproduction of a particular work would be enough for the infringement of the same.
C) Right to distribute in market
Similar to the right of reproduction, the owner of the copyrighted work also has a right to distribute
in the market and make money out of it. The act of distribution may be in the form of sale, lending
for free or for a consideration, rental, or free distribution by the way of gift. The right of distribution
differs from case to case and shall not be exercised in a similar manner at each instance. If the
work that has been sold is a book, the rule of exhaustion shall be applied. Wherein the right to
distribute the book will be exhausted and ceases to exist after the first sale of it and the buyer of
the book will be further entitled to resale it as a second hand material. Whereas this condition is
not the same in case if the owner of copyright set ups a library and charges rental fee to read the

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books available there and the law does not prohibit to do so also the rule of exhaustion will not
come to play.
D) Right to communicate to the public
It means letting or making the product/work available to the public by way of broadcasting,
simulcasting or webcasting. If a person not being the owner of the work, communicates it to the
public would amount to the act of infringement. In Indian performing right society Ltd. V Aditya
Pandey, the Delhi High Court held that “the defendant is accordingly restrained from
communicating any of such works to the public, or performing them, in the public, without such
appropriate authorization, or licensing”.
E) Right of adaptation
Conversion, alteration, transcription or rearranging a copyrighted work means and includes the
right of adaptation. These rights are exclusively available only to musical, literary or dramatical
works and are not extended to the computer programmes. Although the right of adaptation are
being protected by the statute, it is also been governed by the principles laid down under a classical
case, by the Privy Council, in Macmillan and Company Ltd. V K. and J. Cooper. The defendants
were alleged on infringing the book published by the plaintiff and the nature of the book which
was previously published by the Plaintiff was put to test and was figured out the work was made
out of a non-copyrighted source, such that the Plaintiffs book lacked its nature of originality and
held that the defendants are not guilty of infringement. The principle employed here is that,
although a work has been adapted from such source it must possess a quality of originality to an
extent.
F) Right to translate
The owner of the copyrighted work has a right to translate his work to any other languages he
wants. In Academy of General Edu., Manipal & ANR. Vs. B. Malini Mallya – petition was filed
by the plaintiff, alleging on the use of his idea without authorization. The Court held that “mere
adaption of an idea would not amount the act of infringement and there must be a substantial copy
of work to attain the same.
Conclusion
Hereby, it is to be concluded that the above made discussion on the concept of ownership of
copyrights positively implies the position of Indian legislature and the judiciary in making and
interpreting the laws respectively to its finest possible form. The rights conferred under the
provisions has spelled out the significance and importance given to acquire the title of ownership,

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especially by way of honoring the efforts given in by an artist at various facets of his career in
order to produce valuable outcome and their rights are been protected both under the economic
and moral aspect. One highly notable and appreciable provision that shall be regarded astonishing
is the right of retraction which has been conferred to the owner of the copyrighted work to
safeguard the dignity that he has gained through his work. Further the addition of precise
provisions through the copyright Amendment Act has comforted and eased off the hurdles faced
by the performers and broadcasters. ---------------------------------
Quest: - Write a short notes on Moral rights of a Copyright Owner.
Ans: - A moral right would stand a step ahead of an economic right in which it is based on the
dignity, uniqueness and the reputation that a work has gained and maintained. It has been well
illustrated in the case of Amarnath Sehgal v Union of India, the plaintiff’s masterpiece was
damaged by the defendant by which it lost its aesthetic and market value. A mandatory injunction
was passed by the court in addition of fine amount of 50 lacs as the cost of damage. The moral
rights of the copyright owner has been provided under Section 57 of the principal Act that
encompasses three basic moral rights.

i. Right of paternity;
ii. Right of integrity; and
iii. Right to retraction.

i. Right of paternity: The right of an owner of copyright to claim and prevent others to claim
the ownership of his copyrighted work is said to be a right of paternity. Sholay Media
Entertainment and Pvt. Ltd. V Parag M. Sanghavi, was a landmark judgment delivered on
the Right of paternity of the copyright owner, where the court granted protection to the title
of the movie which made the defendant to replace his’ movie title completely by refraining
the use of the name which causes damage to the cult of the name “Sholay” since it was
deceptively similar with the same.
ii. Right of integrity: The right of the owner of the copyright to protect the reputation of his
own work from exploitation is the right of integrity. Sajeev Pillai v. Venu Kunnapalli & ors.
the respondent was alleged on the act of pre – release publicity of the movie which was yet to
be released without ant authorized permission. The court granted relief to the aggrieved
petitioner by restraining the respondent to carry on such act which damages the exclusiveness
and reputation of the movie.

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iii. Right to retraction: Retraction is an act of taking back the previous assertion made. The
author at times may feel to give up his own right as an act of honoring the dignity of his work
which sounds like assassinating one’s own life for the sake of protecting the so far gained
reputation. The principal Act, under section 57 grants the author the right to withdraw from
the publication of his work. In simple terms it means waiving of his granted rights for the sake
of protection of reputation or integrity. In Amaranth Sehgal v Union of India, the court
pointed out the right to retraction as to withdraw one’s own publication if the author feels the
condition of his work is derogatory in nature and are advisable to do the withdrawal of the
same. This would be the author’s right to retraction. -----------------------------
Quest: - Discuss the modes of Transfer of rights under Copy Right Law.
Ans:-
I. Introduction
IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work,
musical work, inventions, etc. it is an intangible property. It is described as property because it is
capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property.
No one can make use of IP without the consent of the owner. IP is made to protect their rights and
the infringement.
Copyright is a protection given to the creators of certain types of works as an acknowledgment to
their intellectual input. The objective of copyright has always been the protection of the interest of
a creator, coupled with dissemination of knowledge. Though this protection started with the
recognition of rights of authors in their books, but modern technology has substantially changed
the nature of work and its mode of exploitation.
II. Modes of Transfer of Right
A) Assignment of Copyrights: Section 18 of Copyrights Act
The owner of the copyright of a work has the right to assign his copyright to any other person. The
effect of assignment is that the assignee becomes entitled to all the rights related to the copyright
to the assigned work. However, mere grant of right to publish and sell the copyrighted work
amounts to publishing right and not assignment of copyright.
Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he
shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be
treated as the owner of copyright with respect to unassigned rights. The legal representatives of

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the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work
comes into existence.
In Video Master v. Nishi Production, the Bombay High Court considered the issue whether
assignment of video rights would include the right of satellite broadcast as well. The Court agreed
with the contentions of defendant that there were different modes of communication to the public
such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The
owner of the film had separate copyright in all those modes, and he could assign it to different
persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film
and the video copyright assigned to the plaintiff would not include this
Mode of Assignment: Section 18 of Copyrights Act
As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor
or his duly authorized agent. The assignment of a copyright in a work should identify the work
and specify kind of rights assigned and the duration and territorial extent of such assignment.
Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs
during the continuance of assignment and the assignment will be subject to revision, extension or
termination on terms mutually agreed upon by the parties.
If the period of assignment is not mentioned it will be deemed to be taken as five years from the
date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as
applicable in whole of India. Also, Section 19(8) contemplates that the assignment of copyright
work against the terms and conditions on which rights have been assigned to a particular copyright
society where the author of the work is a member shall be void. Further, Section 19(9) and section
19(10) opine that the assignment of copyright for making cinematograph film or sound recording
shall not affect the right of the author to claim an equal share of the royalties and consideration
payable with respect to use of his protected work. In Saregama India Ltd v. Suresh Jindal, it was
held that the owner of the copyright in a future work may assign the copyright to any person either
wholly or partially for the whole of the copyright or any part thereof and once the assignment is
made the assignee for the purpose of this Act is treated as the owner of the copyright.
B) Licensing of Copyright
The owner of copyright may grant a license to do any of the act in respect of which he has an
exclusive right to do. The license can be classified into following categories:

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i) Voluntary license: Section 18 of Copyrights Act
The author or the copyright owner has exclusive rights in his creative work and he alone has right
to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the
owner of the copyright in a work may grant any interest in his copyright to any person by license
in writing, which is to be signed by him or by his duly authorised agent. A license can be granted
not only in existing work but also in respect of the future work, in this situation license shall come
into force when such future work comes into existence. Where a licensee of the copyright in a
future work dies before such work comes into existence, his legal representatives shall be entitled
to the benefit of the license if there is no provision to contrary.
The mode of license is like an assignment deed, with necessary adaptations and modifications in
section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should
ii) Compulsory Licenses
A compulsory license is granted by the copyright board to third parties without the permission of
the Copyright Owner. This is usually done when the owner refuses to make the work available in
the public domain. Specific circumstances may include:

1. If a copyright owner has already published his work once, and is refusing to republish it in
order to make it available in the public domain.
2. If a copyright owner has refused to allow the performance of a work in public, which has
already been performed previously, and as a result, restricting its availability in the public
domain.
3. If a copyright owner has refused the communication of a work in the public domain by
broadcast.

III. Conclusion
SSIn the ever-evolving landscape of creativity and intellectual property, copyright transfer
emerges as a vital mechanism for creators to protect and share their works. Whether through
licensing or assignment, the transfer of copyright enables innovation, collaboration, and the
responsible utilization of creative works. By understanding the intricacies and importance of
copyright transfer, both creators and recipients can navigate the complex terrain of intellectual
property, fostering a thriving ecosystem that respects the rights of creators while promoting the
free flow of ideas. Embracing copyright transfer as a tool for empowerment and growth, we pave

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the way for a future where creativity flourishes and society benefits from the collective wealth of
human expression --------------------------------------
Quest: - What do you mean by Copyright Infringement? Discuss the grounds of Copy right
Infringement with its exception.
Ans:-
I. Introduction
Copyright infringement is the unauthorized use or reproduction of someone else’s copyrighted
work. In India, the Copyright Act, 1957, grants exclusive rights to authors of original works to
control their reproduction, distribution, adaptation, and translation. Breaching these rights without
permission constitutes copyright infringement.
II. Grounds of Copyright infringement
Section 51(b) (IV) states: “Copyright in a work shall be deemed to be infringed when:
1. any person, without a license granted by the owner of the Copyright or the Registrar of
Copyrights under this Act, or in violation of the conditions of a license so granted or of any
conditions imposed by a competent authority under this Act-
2. Does anything, the exclusive right to which is conferred on the owner of the Copyright by
this Act.
 When any person-
 Make for hire for sale, sells or lets for hire, or trade displays or offers for sale or hire
 Distributes either for commercial purposes or in such a way as to harm the owner of the
copyright.
 By way of public trade shows.
 Imports into India of any infringing copies of the work (omitted by Act 65 of 1984, S.3
(effective 8-10-1984))
In R.G Anand V/s M/s. Delux Films & Ors. The Supreme Court decided that there is no Copyright
of an idea and when someone adapts a theater play and makes a movie out of it, the owner of the
play cannot claim a copyright Infringement as the movie is very different form a theater play. The
defendant here made a movie named 'New Delhi' based on theatre play written by the plaintiff RJ
Anand. The court said that where the theme is the same but is presented and treated differently so
that the subsequent work becomes a completely new work and no question of Copyright
Infringement arises

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 III. Exceptions to Infringement of Copyright (Sec-52)
The following acts, amongst others, do not constitute infringement
I. Fair dealing with a literary, dramatic, musical or artistic work not being a computer
programme for the purposes of private use including research, criticism or review, making
copies of computer programs for certain purposes, reporting current events in newspaper
magazines or by broadcasting or in a cinematograph film or by means of photographs.
II. Reproduction of judicial proceedings and reports thereof, reproduction exclusively for the
use of Members of Legislature, reproduction (artistic work excluded) in a certified copy
supplied in accordance with law.
III. Reading or recitation in public of extracts of literary or dramatic work
IV. Publication in a collection for the use in educational institutions in certain circumstances.
V. Reproduction by teacher or pupil in the course of instruction or in question papers or
answers.
VI. Performance in the course of the activities of educational institutions in certain
circumstances.
VII. The causing of a sound recording to be heard in the public, utilizing it in an enclosed room
or in clubs in certain circumstances.
VIII. Performance in an amateur club given to a non-paying audience or for religious institutions.
IX. Reproduction in newspapers and magazine of an article or current, economic, political,
social or religious topics in certain circumstances.
X. The owner of the copyright in an existing work or the prospective owner of the copyright
in a future work may assign the copyright to any person either wholly or partially, generally
or subject to any limitation and for the whole term of the copyright or any part thereof.
XI. The owner of the copyright in any existing work or the prospective owner in any future
work may grant any interest in the right by license in writing signed by him or by his duly
authorised agent. --------------------------------------

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Quest: - What are the remedies available for Copyright Infringement in India?

Ans:-

I) Introduction

The existence of a right is meaningless unless an effective remedy is provided for redressing its
violation. In case of infringement in India, a copyright owner is entitled to certain remedies under
the Copyright Act, 1957.

II) Types of Remedies

1) Civil Remedies
Section 55 of the Copyright Act of 1957 addresses civil remedies for copyright infringement. The
different civil remedies available are:

A) Injunctions

The granting of an interlocutory injunction is the most significant remedy. Most often, an
application for interlocutory relief is submitted, and the matter rarely progresses past the
interlocutory stage. A grant of an interlocutory injunction must satisfy three conditions: Firstly, a
prima facie case. Second, there should be a balance between conveniences. Finally, there must be
an injury that is beyond repair.

B) Anton Pillar Orders

This order is passed to take into possession the infringed documents, copies and other relevant
material of the defendant, by the solicitor of the plaintiff. This order is named after the famous
case of Anton Piller KG v/s Manufacturing Process Ltd, 1976. In this case, the plaintiff Antone
Piller, the German manufacturer is successful in passing ex-parte awards of restraining the use of
his copyrighted products against the defendant
The ownership in Anton Pillar AG V. Manufacturing Processes gave rise to the name of the Anton
pillar order. There are the following components in an Anton Pillar Order: First, a court must issue
an injunction prohibiting the offender from damaging or stealing property. Second, a court order
allows the plaintiff’s attorney to search the defendant’s property and remove any items they are
keeping in safekeeping. Third, an order that the defendant be directed to reveal the names and
addresses of suppliers and consumers.
C) Pecuniary Remedies (Damages or Account of Profit)

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Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright
Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal
to the profit made through unlawful conduct. Second, compensatory damages which let the
copyright owner seek the damages he suffered due to the infringement. Third, conversion damages
which are assessed according to the value of the article.
2) Criminal Remedies
Under the Copyright Act, 1957 the following remedies are provided for infringement:
 Imprisonment up to 3 years but, not less than 6 months
 Fine which may not be less than 50,000 but, may extend up to 2,00,000
 Search and seizure of infringing goods
 Delivery of infringing goods to the copyright owner

3) Administrative Remedies
This comprises of moving the Registrar of Copyrights to boycott the import of infringing duplicates
into India when the infringement is by a method for such importation and conveyance of the
reallocated infringing duplicates of the proprietor of the copyright and looking for the conveyance.
A compelling and speedy cure is made accessible by the Act to avoid importation into India the
duplicates of a marketing specialist work made outside India, which is made in India, would
encroach on copyright in the work. Section 53 of the Copyright Act engages the Registrar of
Copyrights in making a request precluding the importation into India of such duplicates for the
utilization of the proprietor of the copyright in any work, party his obligation authorized agent in
the wake of making such request as he esteems.

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