Section 58 of the Copyright Act, 1957: Rights Over Infringing Copies
Section 58 of the Copyright Act, 1957 gives a copyright owner a proprietary remedy against infringing copies and plates used, or intended to be used, to produce infringing copies. The provision treats such material as the property of the copyright owner for the purpose of seeking recovery of possession or a remedy in respect of conversion, subject to the statutory exceptions explained below.
Text of Section 58
58. Rights of owner against persons possessing or dealing with infringing copies. All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves--
(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.
What Section 58 Means
The section creates a statutory fiction under which infringing copies of a protected work, as well as plates used or intended for producing those copies, are treated as the property of the copyright owner. This enables the owner to institute proceedings for recovery of possession. The section also refers to proceedings in respect of conversion, a property-based remedy concerning wrongful dealing with property.
Who Can Invoke Section 58?
The remedy is available to the owner of the copyright. Whether a person is the copyright owner depends on the Act, including the rules on first ownership, assignment, transmission and other legally recognized interests. Section 58 therefore operates together with the wider scheme of the Copyright Act rather than as a stand-alone test of ownership.
What Are "Infringing Copies"?
The expression infringing copy is defined in Section 2 of the Copyright Act, 1957. Whether a particular copy is infringing depends on the nature of the work, the act complained of, the rights protected by the Act and the applicable statutory exceptions or licences. Section 51 addresses when copyright is infringed, while Section 52 specifies acts that are not treated as infringement.
Recovery of Possession and Conversion
Section 58 expressly allows proceedings for recovery of possession of infringing copies and relevant plates. It also preserves a remedy in respect of conversion, but that remedy is subject to the proviso. The precise relief in a particular dispute depends on the facts, the nature of the material, ownership of copyright and the other applicable provisions governing civil remedies.
Statutory Protection for an Innocent Opponent
The proviso limits the remedy in respect of conversion where the opponent proves either of two circumstances. First, the opponent may show that he or she was unaware, and had no reasonable ground to believe, that copyright subsisted in the work. Second, the opponent may show reasonable grounds for believing that the copies or plates did not involve copyright infringement.
This proviso is specifically directed to the conversion remedy stated in Section 58. It should not be read as automatically deciding every other remedy or issue that may arise under the Copyright Act.
Relationship With Other Civil Remedies
Section 58 should be read with Section 55, which deals with civil remedies for copyright infringement, and Section 54, which contains a definition relevant to Chapter XII. Depending on the case, a copyright owner may seek remedies available under the Act, subject to the conditions and limitations governing each remedy.
Restriction Relating to Works of Architecture
Section 59 places specific restrictions on remedies concerning works of architecture. In particular, Section 59(2) states that Section 58 does not apply in respect of the construction of a building or other structure that infringes or, if completed, would infringe copyright in another work.
Related Copyright Provisions
For a complete infringement analysis, readers may also refer to Section 51 - When copyright is infringed, Section 52 - Certain acts not to be infringement, Section 53 - Importation of infringing copies, Section 55 - Civil remedies, Section 57 - Author's special rights, and Section 60 - Remedy in case of groundless threats of legal proceedings.
Official Legal Resources
For authoritative statutory material and current administrative information, refer to the Copyright Office, Government of India and India Code. The official Copyright Office also publishes the consolidated text of the Copyright Act, 1957.
This article is intended as a general legal information resource. Application of Section 58 depends on the facts of each case and the other relevant provisions of the Copyright Act, 1957.