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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