Section 51 of the Copyright Act, 1957 - When Copyright Is Infringed

Section 51 of the Copyright Act, 1957 sets out the principal circumstances in which copyright in a work is deemed to be infringed in India. It covers unauthorised exercise of an exclusive right, certain profit-making communications to the public, commercial dealing in infringing copies, prejudicial distribution, public exhibition by way of trade and importation of infringing copies.

Legal context: Section 51 should be read with Section 14, which defines the meaning of "copyright" and the exclusive rights attached to different categories of works, and Section 52, which identifies acts that do not constitute infringement. Remedies and liability depend on the facts and the other applicable provisions of the Act.

Meaning and scope of Section 51

In practical terms, infringement may arise where a person, without the required licence or authority, performs an act that the Copyright Act reserves exclusively to the copyright owner. Section 51 also addresses specified dealings in infringing copies even where the person is not the original maker of those copies.

Section 51 - When copyright is infringed

Copyright in a work is deemed to be infringed in the circumstances described below:

  1. Unauthorised exercise of an exclusive right: a person, without a licence from the copyright owner or the Registrar of Copyrights, or contrary to the conditions of a licence or a condition imposed by a competent authority, does anything for which the Act gives an exclusive right to the copyright owner.
  2. Permitting a place for profit: a person permits for profit a place to be used for communication of the work to the public where that communication infringes copyright, unless the person was unaware and had no reasonable ground for believing that the communication would infringe copyright.
  3. Sale or hire: a person makes an infringing copy for sale or hire, sells or lets it for hire, or by way of trade displays or offers it for sale or hire.
  4. Distribution: a person distributes infringing copies for trade, or distributes them to such an extent as to affect the copyright owner prejudicially.
  5. Public exhibition by way of trade: a person exhibits infringing copies in public by way of trade.
  6. Importation: a person imports infringing copies into India. The statutory proviso excludes the import of one copy of a work for the private and domestic use of the importer.

Explanation: for Section 51, reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film is deemed to be an "infringing copy".

Key legal provisions to read with Section 51

Section 14 - Meaning of copyright: identifies the exclusive rights available in relation to literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Section 51(a)(i) is therefore applied by identifying the relevant exclusive right under Section 14 and asking whether that right was exercised without lawful authority.

Section 52 - Acts not constituting infringement: provides statutory exceptions and permitted uses. An act that falls within an applicable Section 52 exception is not copyright infringement merely because it involves use of a protected work.

Sections 55 to 58 - Civil consequences and related rights: these provisions deal with civil remedies, protection of separate rights, the author's special rights and rights concerning infringing copies.

Section 63 and related provisions: the Act separately prescribes criminal consequences for specified knowing infringements and related offences. The ingredients of the relevant offence must be established independently; Section 51 identifies infringement but does not by itself state every requirement of criminal liability.

Important points for applying Section 51

The first question is ordinarily whether copyright subsists in the work and what exclusive right is claimed. The next questions include ownership or lawful entitlement, whether the defendant's act falls within an exclusive right, whether permission or a valid licence existed, and whether any statutory exception applies. For commercial dealings in copies, the particular clause of Section 51(b) and the statutory meaning of an "infringing copy" are also relevant.

Official copyright resources

For the current statutory material, rules, notifications, forms and copyright services, refer to the Government of India Copyright Office resources linked in the sidebar. Users should check the latest official text and applicable amendments before relying on a provision in litigation or a transaction.

This page provides general legal information and is not a substitute for advice on the facts of a particular copyright dispute.