Section 55 of the Copyright Act, 1957: Civil Remedies for Copyright Infringement
Section 55 is the principal civil-remedies provision in Chapter XII of the Copyright Act, 1957. When copyright in a work is infringed, the copyright owner may seek civil relief including an injunction, damages, an account of profits and other remedies available by law, subject to the Act.
What does Section 55 provide?
The provision has three main parts. Sub-section (1) deals with substantive civil remedies and contains a special rule for an innocent defendant. Sub-section (2) creates a rebuttable presumption concerning authorship or publication in specified works. Sub-section (3) leaves the costs of infringement proceedings to the discretion of the court.
Section 55 - statutory provision
(1) Where copyright in any work has been infringed, the owner of the copyright is, except as otherwise provided by the Act, entitled to remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for infringement of a right.
Proviso - innocent infringement: If the defendant proves that, at the date of infringement, the defendant was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff is limited to an injunction and such decree for the whole or part of the profits made by sale of the infringing copies as the court considers reasonable in the circumstances.
(2) For a literary, dramatic, musical or artistic work, and subject to Section 13(3) for a cinematograph film or sound recording, the appearance of a name purporting to be that of the author or publisher on published copies - or, for an artistic work, on the work when made - gives rise, unless the contrary is proved, to a presumption that the named person is the author or publisher, as applicable.
(3) Costs of all parties in proceedings concerning copyright infringement are in the discretion of the court.
The text above is presented in plain-language form for readability. For authoritative statutory wording, consult the official Act linked below.
Meaning of the principal remedies
1. Injunction
An injunction is a court order restraining infringing conduct. Section 55 expressly recognises injunction as a civil remedy. The precise interim or final relief depends on the facts of the case and applicable procedural law.
2. Damages
Damages are monetary compensation claimed for loss caused by infringement. The proviso to Section 55(1) limits the remedies available against a defendant who proves both lack of awareness and absence of reasonable grounds for believing that copyright subsisted in the work.
3. Account of profits
An account of profits is directed to profits attributable to infringement rather than simply compensating the copyright owner for loss. Section 55 expressly refers to "accounts"; the proviso separately addresses a decree for profits from sale of infringing copies in an innocent-infringement situation.
Who may claim relief?
Section 55 uses the expression "owner of the copyright". For Chapter XII, Section 54 gives that expression an extended meaning, including an exclusive licensee and, in specified anonymous or pseudonymous works, the publisher until the author's identity is disclosed or otherwise established as provided by the Act.
Presumption under Section 55(2)
Sub-section (2) assists proof in infringement proceedings by creating a rebuttable presumption where the relevant name appears on copies of the work as published or, for an artistic work, appeared on the work when it was made. Because the presumption operates "unless the contrary is proved", evidence may be produced to rebut it.
Related civil-remedy provisions
Section 55 should be read with the other provisions in Chapter XII, including Section 56 - protection of separate rights, Section 57 - author's special rights, Section 58 - rights concerning infringing copies, Section 59 - works of architecture and Section 60 - groundless threats of legal proceedings.
Official legal resources
For the current statutory text and official copyright information, refer to the Copyright Act, 1957 on India Code and the Copyright Office, Government of India.
Note: This page is a general legal-information resource and is not a substitute for advice on the facts of a particular dispute.