Copyright Act | No Infringement U/S 51 If Person Holds Certificate By Registrar Or License By Owner: Gujarat High Court

The Bench comprising Justice Niral Mehta was hearing an application challenging the FIR filed by Respondent No. 2. It was averred that the FIR was an 'abuse of process of law' and filed with a view to oust the Applicant from the business. Further, u/s 51, if any person without a license granted by the owner of the copyright or the Registrar does anything, it would amount to a infringement. However, in the instant case, the Applicant had been issued certificates by the Registrar of Copyright and therefore, according to him, there was no infringement. Additionally, the police officers had invoked Section 64 of the Copyright Act to seize the material in question. Per the Applicant, this was a 'sheer non-application of mind.'

Per contra, Respondent No. 2 opposed the application by relying on sections 44, 45, 51, 63 and 64 of the Act which largely pertain to the register of the copyright, how any interested person can apply for copyright and the infringement of such copyright.

Perusing these contentions, Justice Mehta explained:

"A bare perusal of Section 51 of the said Act says that if any person uses without the permission of the licence owner or from the Registrar, any product would amount to infringement of copyright. However, in the present case, the applicant is a holder of certificate issued by the Registrar of Copyright."

Keeping in view this provision, the ingredients of section 51 were not satisfied, prima facie. It was also noted that invocation of Section 64 of the Act was a 'sheer non-application of mind' by the police with the clarification:

"I say so because Section 64 of the said Act is not an offence, but the power envisaged to the police or Investigating Officer to seize the material, if any infringement is found for which, there cannot be any FIR."

Subsequently, it was found that the Applicant sought permission to withdraw his application as it had become infructuous. The same was granted by the Single Judge Bench.

Case No.: R/CR.MA/8581/2022

Case Title: MAHESHBHAI @ KANBHAI HARIBHAI SOJITRA v/s STATE OF GUJARAT

Citation: 2022 LiveLaw (Guj) 385

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