(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this 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, 1[or, subject to the provisions of sub-section (3) of section 13, 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] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
(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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1. Subs. by Act 27 of 2012, s. 35, for "a
name purporting to be that of the author or the publisher, as the case may
be, appear" (w.e.f. 21-6-2012).
Section 50A of Copy Right Act - Entries in the Register of Copyrights, etc., to be published
Section 51 of Copy Right Act - When copyright infringed
Section 52 of Copy Right Act - Certain acts not to be infringement of copyright
Section 52A of Copy Right Act - Particulars to be included in records and video Films
Section 53 of Copy Right Act - Importation of infringing copies
Section 53A of Copy Right Act - Resale share right in original copies
Section 54 of Copy Right Act - Definition
Section 55 of Copy Right Act - Civil remedies for infringement of copyright
Section 56 of Copy Right Act - Protection of separate rights
Section 57 of Copy Right Act - Author's special rights
Section 59 of Copy Right Act - Restriction on remedies in the case of works of architecture
Section 60 of Copy Right Act - Remedy in the case of groundless threat of legal proceedings