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Section 52(1)(ac) of the Indian Copyright Act
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52. Certain acts not to be infringement of copyright. | |
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(1) The following acts shall not constitute an infringement of copyright, namely — | |
(a) a fair dealing with a literary, dramatic, musical or artistic any work not being a | |
computer programme, for the purposes of — | |
(ii) criticism or review, whether of that work or of any other work; | |
(aa) the making of copies or adaptation of a computer programme by the lawful possessor | |
of a copy of such computer programme, from such copy — | |
(i) in order to utilise the computer programme for the purposes for which it was supplied; or | |
(ac) the observation, study or test of functioning of the computer programme in order to | |
determine the ideas and principles which underlie any elements of the programme while | |
performing such acts necessary for the functions for which the computer programme was supplied; | |
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60. Remedy in the case of groundless threat of legal proceedings. | |
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Where any person claiming to be the owner of copyright in any work, by circulars, | |
advertisements or otherwise, threatens any other person with any legal proceedings or | |
liability in respect of an alleged infringement of the copyright, any person aggrieved thereby | |
may, notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 institute | |
a declaratory suit that the alleged infringement to which the threats related was not in fact an | |
infringement of any legal rights of the person making such threats and may in any such suit — | |
(a) obtain an injunction against the continuance of such threats; and | |
(b) recover such damages, if any, as he has sustained by reason of such threats. | |
Provided that this section shall not apply if the person making such threats, with due | |
diligence, commences and prosecutes an action for infringement of the copyright claimed by | |
him. |
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