Civil remedies for infringement of copyright
Section 55 of the Copyright Act, 1957 deals with civil remedies for infringement of copyright. Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: Provided that if the d The Act came into force on 21 Jan 1958.
(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:
Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical or artistic work, 1[or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.
Section 55, The Copyright Act, 1957 (Act 14 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Time Warner Entertainment Company, L.P. & Ors. v. RPG Netcom & Ors.
Court's Decision & Legal Precedent
Copyright Act s.16 bars any claim to copyright or similar right otherwise than under the Act (or then-existing statute): Del HC DB held Hollywood studios cannot obtain omnibus injunctions for unproduced future cinematograph films under a common-law/tort theory because s.16 (read with the 1911 Act s.31 abrogation of common-law copyright) confines remedies to the statutory scheme.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 55
What have the courts held on Section 55 of the Copyright Act?
Time Warner Entertainment Company, L.P. & Ors. v. RPG Netcom & Ors. (15 May 2007) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 55 of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 55, section 55 Copyright Act, section 55 of the Copyright Act. People searching for it also type copyright act 1957 section 55. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Time Warner Entertainment Company, L.P. & Ors. v. RPG Netcom & Ors. (15 May 2007).
What should I read with Section 55 of the Copyright Act, and has it changed?
Its own text turns on section 13 (Works in which copyright subsists), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 55 of the Copyright Act come into force?
Section 55 of the Copyright Act, cited as Copyright Act 55, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.