Sections 54 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 54 widens the phrase "owner of copyright" for the civil Chapter so that it includes an exclusive licensee and, for anonymous or pseudonymous works, the publisher. Section 55 then gives the owner injunction, damages, accounts and other remedies, limits relief against an innocent infringer, creates a presumption from the name on the copies, and leaves costs to the court. For a suit or a notice before it, our legal dispute resolution team can advise. Infringement itself is explained in section 51.
For Chapter XII, "owner of copyright" includes an exclusive licensee and, for anonymous or pseudonymous works, the publisher until the author's identity is disclosed or established. The owner may claim injunction, damages, accounts and otherwise. If the defendant proves he was not aware and had no reasonable ground for believing copyright subsisted, the plaintiff gets only an injunction and a decree for profits from sale of infringing copies. A name on the copies raises a presumption of authorship or publication. Costs are in the court's discretion.
The 2021 change to section 54
The printed section 54(b) ends: "...or is otherwise established to the satisfaction of the Appellate Board by that author or his legal representatives." The Tribunals Reforms Act, 2021, clause (h) of its Chapter V, substitutes "Commercial Court" for "Appellate Board" in section 54. The current wording is therefore "...established to the satisfaction of the Commercial Court by that author or his legal representatives." Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The text records that "Appellate Board" had replaced "Copyright Board" by Act 7 of 2017.
Section 54: who is the "owner of copyright"
"For the purposes of this Chapter, unless the context otherwise requires, the expression 'owner of copyright' shall include—"
| Clause | Included as owner |
|---|---|
| (a) | An exclusive licensee |
| (b) | For an anonymous or pseudonymous literary, dramatic, musical or artistic work: the publisher of the work |
In clause (b) the publisher counts as owner until the identity of the author is disclosed publicly by the author and the publisher, or otherwise established to the satisfaction of the Commercial Court by that author or his legal representatives. For an anonymous work of joint authorship, or a joint work published under pseudonyms, the test is the identity of any of the authors. The definition applies "for the purposes of this Chapter", that is, the civil-remedies Chapter.
Section 55(1): the remedies
"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".
The section lists injunction, damages and accounts and adds "and otherwise", so other remedies available in law are included. The section itself does not set a measure of damages.
The innocent-infringer proviso
"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."
| Element | Text |
|---|---|
| Burden | On the defendant ("proves") |
| Test | At the date of infringement, not aware and no reasonable ground for believing copyright subsisted |
| Effect | Plaintiff limited to injunction and a decree for profits from sale of infringing copies |
| Amount of profits | "Whole or part", as the court deems reasonable |
Damages are therefore not available against an innocent infringer under this proviso. The proviso does not extend to a defendant who was aware.
Section 55(2): presumption from the name on the copies
For a literary, dramatic, musical or artistic work (or, subject to section 13(3), a cinematograph film or sound recording), where "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, for an artistic work, appeared on the work when it was made, the person whose name appears "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." The words for films and sound recordings were substituted by Act 27 of 2012 (w.e.f. 21-6-2012). The presumption is rebuttable.
Section 55(3): costs
"The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court." The section sets no rule as to who pays.
Example. Tara Sen publishes a poetry book under a pen name through Greenleaf Press. A website copies the poems. Under section 54(b), Greenleaf is treated as owner for the civil Chapter until Tara's identity is disclosed or established. If the website's operator proves it had no reason to believe copyright subsisted, Greenleaf could obtain an injunction and the court-fixed profits from sales of infringing copies, but not damages.
Reading the sections together
| Question | Answer in the text |
|---|---|
| Can an exclusive licensee sue? | Yes, as owner for this Chapter (s.54(a)); the owner must be joined, see section 61 |
| Which remedies? | Injunction, damages, accounts and otherwise (s.55(1)) |
| What limits an innocent infringer's liability? | Proviso to s.55(1) |
| What if the name on the copies is wrong? | Presumption is rebuttable (s.55(2)) |
| Who pays costs? | Court's discretion (s.55(3)) |
For where to file, see section 62; for a plain-language guide, see civil remedies for copyright infringement.
Need help with a civil claim?
Before filing, it helps to know who the owner is for section 54, what remedy the facts support, and what the defendant may prove under the proviso. Our legal dispute resolution team can prepare the plaint, the evidence and the interim application.
Key takeaways
- For Chapter XII, "owner of copyright" includes an exclusive licensee and, for anonymous or pseudonymous works, the publisher.
- Section 54(b) refers to the Commercial Court after the Tribunals Reforms Act, 2021; earlier it read "Appellate Board".
- Remedies: injunction, damages, accounts and otherwise.
- An innocent infringer who proves lack of awareness faces only an injunction and a decree for profits.
- A name on the copies is presumed to be that of the author or publisher unless the contrary is proved.
- Costs are in the court's discretion.
Read next
- Section 56: protection of separate rights
- Sections 61–62: owner as party and jurisdiction of court
- Civil remedies for copyright infringement: injunction and damages
- Copyright infringement: what constitutes it under section 51
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.