Page:Indian Copyright Act 1957.djvu/33

1957] 58. All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies if the opponent proves—
 * (a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or


 * (b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any Work.

59. (1) Notwithstanding anything contained in the Specific Relief Act, 1877, where the construction of a building or other structure which, infringes or which, if, completed would infringe the copy right in some other work has been commenced, the owner of the copyright shall not entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.

(2) Nothing in section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if competed, would infringe the copyright in, some other work. 60. Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise,threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may,notwithstanding anything contained in section 42 of the Specific Relief Act, 1877, institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit-


 * (a) obtain an injunction against the continuance of such threats; and


 * (b) Recover; such damages, if any, as he has sustained by reason of such threats:

Provided that this section shall not apply if the person making threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him. 639 M of Law-10