Offence of infringement of copyright-sec.63 of copyright act

Offence of infringement of copyright

Section 63 in The Copyright Act, 1957

63. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringe- ment of-

(a) the copyright in a work, or

(b) any other right conferred by this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lake rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. 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.

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“The petitioners are also alleged to have committed offences under Section 63 of Copyright Act and Section 65 of IT Act. In the considered opinion of this Court, it would be necessary first to deal with the allegations separately and then deal with the case of the prosecution on the basis of prima facie conclusions. Before doing so, it is necessary to briefly mention about computer and computer source code.”

Syed Asifuddin And Ors. vs The State Of Andhra Pradesh And .

Equivalent citations: 2006 (1) ALD Cri 96, 2005 CriLJ 4314

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