38. Explanation.-- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.” Under Section 64, a police officer is empowered to seize all copies of the work and plates used for the purpose of making infringing copies. Under Section 65, any person who possesses plates for the purpose of making infringing copies is also punishable with imprisonment and fine. Under Section 66, the Court trying the offence has the power to direct disposal of the infringing copies or for delivery up to the owner of the copyright. Section 69 provides that if the offences are committed by a company, such persons who are responsible for conduct of the business of the company shall be liable to be proceeded against. 39. Thus, infringement of copyright is indisputably a serious matter as it involves valuable rights of owners of copyright. The significance of the protection and enforcement of such rights cannot be diminished, merely due to the growth of technology, which has made infringers easy to hide and conceal their illegal activities. The propensity of infringers to conceal and hide is the very reason due to which the provisions of law are widely worded. The definition of “plate” includes “any device used for reproducing copies of the work.” The definition of “infringing copy”, as extracted above, is broad enough to cover electronic copies which are circulated on Telegram channels. Electronic devices including smart phones, computers, servers, and such other devices, which permit copies to be made and to be disseminated would undoubtedly fall within the said definitions. This is also clear from the fact that Section 14(1)(a) specifically includes reproduction by “electronic Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.08.2022 12:12:31 CS (COMM) 282/2020 Page 27 of 51

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