person knowingly-
(a) makes for sale or hire any infringing copy of a work in which copyright subsists; or
(b) sells or lets for hire ... trade exposes or offers for sale or hire, any infringing copy of any such work; or
(c) distributes infringing copies of any such work, either
infringed by the defendants, and it awarded damages and special costs under Section 35-A and ordered delivery of infringing copies. It also issued ... recover the possession of the infringing copies unsold and the price of the copies sold. The infringing copies which have been sold being regarded
clause (m) of Section 2 of the Act which defines "infringing copy" to mean as under :
""infringing copy" means ... utilising such sound truck. It is also undeniable that "infringing copy" in relation to a cinematographic means a copy of the film
clause (m) of section 2 of the Act which defines "INFRINGING copy" to mean as under: "infringing copy" means ... utilising such sound track. It is also undeniable that "infringing copy" in relation to a cinematographic means a copy of the film
trade displays or offers for sale or hire any infringing copies of the work, or
ii. permits for profit any place to be used ... extent as to affect prejudicially the owner of copyright, any infringing copies of the work, or
iv. by way of trade exhibits in public
Enabling users upon payment of monthly rental fee, to download electronic
copies of the Plaintif's songs on their devices and to enjoy them ... 2020 14:53:42 :::
Nitin 21 / 104
(m) "infringing copy" means,--
(i) in relation to a literary, dramatic, musical or artistic work
plaintiff's impugned label and packaging an
infringing copy thereof within the meaning of Section 2(m) 6 over
which the plaintiff is entitled ... architecture; and
(iii) any other work of artistic craftsmanship.
6
(m) ―infringing copy‖ means -
(i) in relation to a literary, dramatic, musical or artistic work
Enabling users upon payment of monthly rental fee, to download electronic
copies of the Plaintif's songs on their devices and to enjoy them ... 2020 14:53:34 :::
Nitin 21 / 104
(m) "infringing copy" means,--
(i) in relation to a literary, dramatic, musical or artistic work
trade exhibits in public, or
(iv) imports into India, any infringing copies of the work:
Provided that nothing in sub-clause (iv) shall apply ... cinematograph film shall be deemed to be an "infringing copy.
2
14. Meaning of copyright. - For the purposes of this Act, "copyright
used the
CS (OS) No.433/2009 Page 8 of 12
infringing copies of the plaintiffs' software for rendering unauthorized
training on the plaintiffs ... defendants' premises and recovered
hard discs containing the illegal and infringing copies of the plaintiffs'
software and fee receipt books from the defendants
