Section 63 Copyright Act 1957 prescribes punishment for INFRINGEMENT of copyright. The punishment is:
Aimprisonment up to 1 year and fine — purely a compoundable offence with the consent of copyright owner (cf. Copyright Act 1957, Section 63)
Bonly a fine of any amount, with no power of imprisonment under any circumstance (cf. Copyright Act 1957, Section 63)
Cimprisonment for a term which shall not be less than 6 months but may extend to 3 years AND fine not less than Rs 50,000 but extendable to Rs 2 lakh
Dcivil damages only, with no criminal prosecution being maintainable under the Act (cf. Copyright Act 1957, Section 63)
Answer & Solution
Correct answer: C. imprisonment for a term which shall not be less than 6 months but may extend to 3 years AND fine not less than Rs 50,000 but extendable to Rs 2 lakh
1. Section 63 Copyright Act 1957: 'Any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or (b) any other right conferred by this Act (except the right conferred by section 53A) shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine which shall not be less than Rs 50,000 but which may extend to Rs 2 lakh.'
2. Proviso permits lesser punishment if infringement not for gain.
3. Section 63A enhances punishment for second or subsequent conviction.
4. The offence is COGNIZABLE and NON-BAILABLE (held in State of Andhra Pradesh v. Nagoti Venkataramana, AIR 1996 SC 2840 and later in Knit Pro International v. State of NCT of Delhi, (2022) 10 SCC 221, the Supreme Court settled the bailability question — non-bailable because punishment can extend up to 3 years).
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 63_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of