written 5.2 years ago by |
Section 63B which was introduced in the Copyright Act 1957, treats knowing use of infringing copy of computer programs to be an offence. Any person who knowingly makes use on a computer of an infringing copy of a computer program shall be punishable with imprisonment for a term which shall not be less than seven days but which may; extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that where the computer program has not been used for gain or in the course of trade or business, the court may, for adequate and special reasons to be mentioned in the judgement, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.
Section 64 provides the Power to police to seize infringing copies-
Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.
Any person having an interest in any copies of a work, or plates seized under sub-section (1) may, within fifteen days of such seizure, make an application to the magistrate for such copies (or plates) being restores to him and the magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application; as he may deem fir.
Apart from these penal provisions, there are no special provisions with regard to soft copyrights, in the Indian Copyright Law at present.