Section 76 of the Copyright Act, 1957 - Protection of Action Taken in Good Faith

Section 76 of the Copyright Act, 1957 provides statutory protection against a suit or other legal proceeding in respect of an act done, or intended to be done, in good faith in pursuance of the Copyright Act.

Text of Section 76

76. Protection of action taken in good faith.

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

Meaning and scope of Section 76

The provision is a protective clause. Its operation depends on the act being done, or intended to be done, both in good faith and in pursuance of the Copyright Act, 1957. It is therefore not a general immunity for every act merely because the person concerned performs a function connected with copyright administration.

The expression "good faith" is not separately defined in the Copyright Act. For Central Acts, Section 3(22) of the General Clauses Act, 1897 provides that a thing is deemed to be done in good faith where it is in fact done honestly, whether it is done negligently or not. The Supreme Court has also explained that statutory good-faith protection is limited to action honestly taken in furtherance of the statutory purpose and that a claim of good faith may require judicial examination in the proceeding in which the protection is invoked.

Important: Section 76 is a statutory protection tied to good faith and action under the Copyright Act. Whether the protection applies in a particular dispute depends on the facts, the nature of the act, the statutory authority relied upon, and the applicable judicial interpretation.

Essential requirements for protection

There must be an act done or intended to be done.
The act must be connected with and undertaken in pursuance of the Copyright Act, 1957.
The act or intended act must satisfy the requirement of good faith.
The provision concerns protection against a suit or other legal proceeding in respect of the protected action.
The availability of the protection in an individual case can be examined by the competent court or judicial forum.

Why Section 76 matters

Copyright law requires statutory authorities and other persons acting under the Act to perform functions that may affect competing rights and interests. Section 76 protects bona fide statutory action while preserving the requirement that the action must genuinely be in good faith and in pursuance of the Act.

Related legal provision: meaning of good faith

Section 3(22) of the General Clauses Act, 1897 is relevant to the expression "good faith" used in Central legislation. In substance, it focuses on whether the act was honestly done. The existence of a good-faith clause does not by itself determine every dispute; courts may examine whether the statutory conditions for the protection are actually satisfied.

Official copyright law resources

For the authoritative statutory text and current administrative information, readers should consult the Government of India Copyright Office and official legislative resources. The Copyright Office provides access to the Copyright Act, Copyright Rules, notifications, manuals, online services, application status facilities, and other copyright-related material.

Page reviewed and updated: 22 September 2026. This page is intended for general legal information and should be read with the current statutory text, amendments, rules, notifications, and applicable judicial decisions.