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Section 65 of the Copyright Act, 1957 - Possession of Plates for Making Infringing Copies

Section 65 of the Copyright Act, 1957 creates a criminal offence where a person knowingly makes, or possesses, a plate for the purpose of making infringing copies of a work in which copyright subsists. The provision targets the equipment or means intended for producing infringing copies, in addition to the wider remedies and offences relating to copyright infringement.

Text of Section 65

Section 65 - Possession of plates for purpose of making infringing copies.

Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

The punishment was amended by the Copyright (Amendment) Act, 1984 with effect from 8 October 1984. The earlier punishment was imprisonment which could extend to one year, or fine, or both.

Meaning and Scope of Section 65

The section is concerned with a person who knowingly makes or possesses a plate and does so for the purpose of making infringing copies. Therefore, mere physical possession is not, by the language of Section 65 alone, enough. The statutory elements relating to knowledge, purpose and subsisting copyright are material to the offence.

Essential Ingredients

The accused must knowingly make a plate or knowingly have such a plate in possession.
The plate must be intended for the purpose of making infringing copies.
The proposed infringing copies must relate to a work in which copyright subsists.
The required knowledge and infringing purpose must be established on the facts and evidence of the case.

What Does "Plate" Mean?

The Copyright Act uses the term "plate" in a technical copyright context. For application of Section 65, the relevant statutory definition and the nature and intended use of the particular equipment or material should be examined together. The central question under this section is whether the item was knowingly made or possessed for producing infringing copies.

Punishment Under Section 65

Offence	Maximum imprisonment	Fine
Knowingly making or possessing a plate for the purpose of making infringing copies of a copyrighted work	Up to two years	The offender shall also be liable to fine

Related Provisions

Section 65 should be read with the surrounding provisions of the Copyright Act where relevant. Section 64 deals with police power to seize infringing copies and plates in the circumstances stated in that section. Section 66 deals with orders concerning infringing copies or plates. Section 63 separately deals with offences of infringement of copyright or other rights conferred by the Act.

Practical note: Whether Section 65 is attracted depends on the evidence concerning knowledge, possession or making of the plate, its intended purpose, and the existence of copyright in the relevant work. The provision should therefore be applied to the facts of the particular case rather than treating possession of equipment by itself as conclusive.

Official Legal Sources

For the current statutory text and amendment history, refer to the official consolidated Copyright Act published through India Code and the Copyright Office, Government of India. Official sources should be checked when relying on the provision in litigation, compliance work or legal advice.