Seizure, Plates and Disposal

In one line

A sub-inspector may seize pirated copies and the plates that made them without any warrant, holding a plate to make them is itself an offence, and the trying court may hand everything to the owner whether or not it convicts.

In the wording a student can write in an exam: section 64 of the Copyright Act, 1957 empowers any police officer not below the rank of a sub-inspector, if satisfied that an offence under section 63 has been, is being or is likely to be committed, to seize without warrant all copies of the work and all plates used for making infringing copies, wherever found; section 65 makes it an offence knowingly to make or possess a plate for the purpose of making infringing copies; and section 66 empowers the court trying an offence to order delivery up of the copies and plates to the owner of the copyright or such disposal as it thinks fit.

Why the law has this at all

Because a warrant takes time and piracy moves. By the time a warrant issues, the stock has gone.

Because the plate is the source. Seizing copies is a day's work for a pirate; seizing his plates stops production.

And because a criminal court should not have to send the goods back. A person acquitted on a technicality should not receive a warehouse of pirated copies from the court.

Section 64, seizure without warrant

Section 64(1). "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 the plates used for the purposes 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."

Four things to notice. The rank requirement; the officer's own satisfaction; the three tenses, has been, is being or is likely to be; and the duty to produce what is seized before a Magistrate as soon as practicable.

"All copies of the work". Not only infringing copies. The officer may seize copies and the Magistrate sorts it out, which is why sub-section (2) exists.

Section 64(2), restoration. "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 restored 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 fit."