Question

Criminal proceedings against the infringer is enabled in the Copyright act by invoking the provisions

• A. Section 13-16
• B. Section 17-27
• C. Section 63-70
• D. None of the above

Hint:

Remember that intellectual property laws like the Copyright Act provide a dual-remedy system against infringement: 1. Civil Remedies (Chapter XII): Injunction, damages, accounts of profits. 2. Criminal Remedies (Chapter XIII): Imprisonment and fines. The rights holder can pursue both remedies.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the group of sections in the Copyright Act, 1957, that provides for criminal proceedings (offences and penalties) against a person who infringes a copyright.

Step 2: Key Legal Provision:
The Copyright Act, 1957, provides for both civil remedies (like injunctions and damages) and criminal remedies against infringement.

Step 3: Detailed Explanation:
The structure of the Copyright Act, 1957, is as follows:
- Chapter III (Sections 13-16): Deals with the works in which copyright subsists.
- Chapter IV (Sections 17-21): Deals with the ownership of copyright.
- Chapter XIII (Sections 63-70): Is titled "Offences." This chapter defines various copyright-related activities as criminal offences and prescribes punishments for them. For instance, Section 63 makes knowing infringement of copyright an offence punishable with imprisonment and a fine. Therefore, the provisions that enable criminal proceedings are contained in the range of Sections 63-70.

Step 4: Final Answer:
Criminal proceedings against a copyright infringer are enabled by invoking the provisions of Sections 63-70 of the Copyright Act.