Section 60 Copyright Act, 1957 - Remedy Against Groundless Threats of Legal Proceedings

Section 60 of the Copyright Act, 1957 provides a civil remedy to a person aggrieved by an unjustified threat of copyright infringement proceedings. It permits an aggrieved person to seek a declaration of non-infringement and, where appropriate, an injunction against continuation of the threats and damages sustained because of them.

What is Section 60 of the Copyright Act?

The provision addresses a situation in which a person claiming to own copyright threatens another person with legal proceedings or liability for alleged copyright infringement. Such a threat may be made by circular, advertisement or otherwise. A person aggrieved by the threat may institute a declaratory suit to establish that the conduct complained of does not infringe the legal rights asserted by the person making the threat.

Text and effect of Section 60

The operative statutory text should be checked in the official Copyright Act, 1957 on India Code or through the Intellectual Property India copyright legislation page.

Reliefs available for a groundless copyright threat

Subject to the facts of the case and the statutory proviso, Section 60 contemplates the following principal reliefs:

• Declaration: a declaration that the alleged infringement referred to in the threat does not infringe the legal rights of the person making the threat.
• Injunction: an order restraining continuation of the groundless threats.
• Damages: compensation for loss actually sustained because of the threats, where such loss is proved.

Meaning of the reference to Section 34 of the Specific Relief Act, 1963

Section 60 begins its remedial mechanism with a non-obstante reference to Section 34 of the Specific Relief Act, 1963. Section 34 is the general statutory provision governing declaratory relief concerning a legal character or a right as to property. Section 60 creates a specific copyright-related route for a declaration where a person is aggrieved by a threat of infringement proceedings.

For the current text of the general declaratory provision, see The Specific Relief Act, 1963 on India Code.

When does the Section 60 remedy cease to apply?

The proviso is important. Section 60 does not apply if the person making the threat, with due diligence, commences and prosecutes an action for infringement of the copyright claimed. Therefore, whether an infringement action has actually been commenced and is being prosecuted with due diligence can materially affect the availability of relief under Section 60.

Practical points before filing a suit

A party considering proceedings under Section 60 should preserve the communication containing the alleged threat, identify the copyright and conduct said to constitute infringement, record any commercial or other loss claimed to have resulted from the threat, and verify whether the copyright claimant has already commenced an infringement action. Jurisdiction, limitation, pleadings, interim relief and proof of damages depend on the facts and applicable procedural law.

Official legal resources

The Intellectual Property India - Copyright Acts page provides Government of India access to the Copyright Act. The Copyright Office - Copyright Act, 1957 also provides chapter-wise access. India Code provides the consolidated statutory material for the Copyright Act, 1957 and the Specific Relief Act, 1963.

Note: This page is a general legal information resource. Statutory text, amendments and case-specific procedural requirements should be verified from official sources before relying on them in legal proceedings.