Civil Remedies for Infringement of Copyright

(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by Indian Copyright Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:

Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, or, subject to the provisions of sub-section (3) of section 13 (Works in which copyright subsists), a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher as the case may be, of that work, appears.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.


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