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Chapter 2 - Fields of Intellectual Property Protection

Motion Picture Rights

2.189 A “motion picture” is a visual recording, giving to viewers an impression of motion. In the

technical language of copyright law it is often called a “cinematographic work” or an “audiovisual

work.” In some countries the word “film” is used instead of the expression “motion picture.” The

expression “motion picture” is perhaps preferable, because such productions are, today, frequently

made with technological methods (such as magnetic tape) which do not require the use of

photographic film.

2.190 A drama originally written for performance by performers to an immediately present

audience (“live performance”) can be visually recorded and shown to audiences far larger in

numbers than those who can be present at the live performance; such audiences can see the

motion picture far away from the place of live performance and at times much later than the live

performance.

Broadcasting Rights

2.191 A major category of acts restricted by copyright consists of the acts of broadcasting works

and of communicating works to the public by means of wires or cables.

2.192 When a work is broadcast, a wireless signal is emitted into the air which can be received by

any person, within range of the signal, who possesses the equipment (radio or television receiver)

necessary to convert the signal into sounds or sounds and images.

2.193 When a work is communicated to the public by cable, a signal is diffused which can be

received only by persons who possess such equipment linked to the cables used to diffuse the

signal.

2.194 In principle, according to the Berne Convention for the Protection of Literary and Artistic

Works, owners of copyright have the exclusive right of authorizing both the wireless broadcasting

and the diffusion by cable of their works.

2.195 The broadcasting and diffusion by cable of works protected by copyright have given rise to

new problems resulting from technological advances which may require a review by governments of

their national copyright legislation. The advances include the use of space satellites to extend the

range of wireless signals, the increasing possibilities of linking radio and television receivers to

signals diffused by cable, and the increasing use of equipment able to record sound and visual

images which are broadcast or diffused by cable.

Translation and Adaptation Rights

2.196 The acts of translating or of adapting a work protected by copyright require the

authorization of the copyright owner.

2.197 “Translation” means the expression of a work in a language other than that of the original

version.

2.198 “Adaptation” is generally understood as the modification of a work from one type of work

to another, for example adapting a novel so as to make a motion picture, or the modification of a

work so as to make it suitable for different conditions of exploitation, for example adapting an

instructional textbook originally prepared for higher education into an instructional textbook

intended for students at a lower level.

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WIPO Intellectual Property Handbook: Policy, Law and Use

2.199 Translations and adaptations are themselves works protected by copyright. Therefore, in

order, for example, to reproduce and publish a translation or adaptation, the publisher must have

the authorization both of the owner of the copyright in the original work and of the owner of

Moral Rights

2.200 The Berne Convention requires member countries to grant to authors:

the right to claim authorship of the work;

the right to object to any distortion, mutilation or other modification of, or other

derogatory action in relation to, the work which would be prejudicial to the author’s honor

or reputation.

2.201 These rights, which are generally known as the moral rights of authors, are required to be

independent of the usual economic rights and to remain with the author even after he has

transferred his economic rights.

Related Rights

2.202 There exist rights related to, or “neighboring on”, copyright. These rights are generally

referred to as “related rights” (or “neighboring rights,”) in an abbreviated expression.

2.203 It is generally understood that there are three kinds of related rights: the rights of

performing artists in their performances, the rights of producers of phonograms in their

phonograms, and the rights of broadcasting organizations in their radio and television programs.

Protection of those who assist intellectual creators to communicate their message and to

disseminate their works to the public at large, is attempted by means of related rights.

2.204 Works of the mind are created in order to be disseminated among as many people as

possible. This cannot be done generally by the author himself, for it requires intermediaries whose

professional capability gives to the works those forms of presentation that are appropriate to make

them accessible to a wide public. A play needs to be presented on the stage, a song needs to be

performed by artists, reproduced in the form of records or broadcast by means of radio facilities.

All persons who make use of literary, artistic or scientific works in order to make them publicly

accessible to others require their own protection against the illegal use of their contributions in the

process of communicating the work to the public.

2.205 Let us examine why such protection of those that thus assist intellectual creators was found

necessary and how it developed. The protection of authors’ interests does not consist merely in

preventing the use of their creations and cannot be limited to prohibiting infringements of the

rights that laws afford to the authors. Their works are intended to be made available to the public

at large. Various categories of works are made accessible to the public in various ways. A publisher

reproduces a manuscript in its final form without adding to the expression of the work as created

by the author. The interests of book publishers are protected by means of copyright itself and laws

do recognize that copyright is essential as a stimulus to creative writing, as also to support the

economies of publishing.

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Chapter 2 - Fields of Intellectual Property Protection

2.206 The position is slightly different with regard to dramatic and musical works, pantomimes, or

other types of creative works intended for either auditive or visual reception. Where some of such

works are communicated to the public, they are produced or performed or recited with the aid of

performers. In such cases, there arises the interest of the performers themselves in relation to the

use of their individual interpretation in the performed work.

2.207 The problem in regard to this category of intermediaries has become more acute with rapid

technological developments. Where, at the very beginning of the 20

century, the performance of

dramatists, actors, or musicians ended with the play or concert in which they performed, it is no

longer so with the advent of the phonograph, the radio, the motion picture, the television, the

videogram and satellites.

2.208 These technological developments made possible the fixing of performances on a variety of

material, viz., records, cassettes, tapes, films, etc. What was earlier a localized and immediate

phase of a performance in a hall before a limited audience became an increasingly permanent

manifestation capable of unlimited and repeated reproduction and use before an equally unlimited

audience that went beyond national frontiers. The development of broadcasting and more recently,

television, also had similar effects.

2.209 These technological innovations, since they have made it possible to reproduce individual

performances by performing artists and to use them without their presence and without the users

being obliged to reach an agreement with them, have led to a reduction in the number of live

performances. This creates what has come to be known as technological unemployment among

professional artists, thus giving a new dimension to the protection of the interests of performers.

2.210 Likewise by the very same token, the increasing technological development of phonograms

and cassettes and, more recently, compact discs (CDs), and their rapid proliferation, was pointing to

the need of protection of producers of phonograms. The appeal of the phonogram, as also the

easy availability in the market of the variety of increasingly sophisticated recording devices, created

the growing problem of piracy, which by now has become a worldwide scourge. In addition, there

is the increasing use of records and discs by broadcasting organizations; while the use of these by

the latter provides publicity for the phonograms and for their producers, these also have, in turn,

become an essential ingredient of the daily programs of broadcasting organizations. Consequently,

just as the performers were seeking their own protection, the producers of phonograms began to

pursue the case of their protection against unauthorized duplication of their phonograms, as also

for remuneration for the use of phonograms for purposes of broadcasting or other forms of

communication to the public.

2.211 Finally, there were the interests of broadcasting organizations as regards their individually

composed programs. The broadcasting organizations required their own protection for these as

well as against retransmission of their own programs by other similar organizations.

2.212 Thus the need was felt for special protection for performers, producers of phonograms and

broadcasting organizations. The performers through their organizations at the international level

sought a study leading to their protection. While a performer would be paid once for recording a

performance, and the recording of the performance could be played repeatedly for the benefit of a

third party, the performers felt that they would not only not derive any income from such secondary

use, but would also be placed in the awkward position of having to compete with their own

recordings in respect of their employment potential for live performances in theaters, restaurants,

cafés, etc.

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WIPO Intellectual Property Handbook: Policy, Law and Use

2.213 Unlike most international conventions, which follow national legislation and provide a

synthesis of existing laws, the Rome Convention was an attempt to establish international

regulations in a new field where few national laws existed. This meant that most States would have

to draft and enact laws before adhering to the Convention. Since the adoption of the Convention

in 196l, a large number of States have legislated in matters related to the Convention, and a

number of others are considering such legislation.

2.214 The notion of Related Rights is understood as meaning rights granted in an increasing

number of countries to protect the interests of performers, producers of phonograms and

broadcasting organizations in relation to their activities in connection with the public use of authors’

works, all kinds of artists’ presentations or the communication to the public of events, information,

and any sounds or images. The most important categories are: the right of performers to prevent

fixation and direct broadcasting or communication to the public of their performance without their

consent; the right of producers of phonograms to authorize or prohibit reproduction of their

phonograms and the import and distribution of unauthorized duplicates thereof; the right of

broadcasting organizations to authorize or prohibit rebroadcasting, fixation and reproduction of

their broadcasts. An increasing number of countries already protect some or all of these rights by

appropriate rules, codified mainly within the framework of their copyright laws. Several countries

also grant a sort of moral right to performers to protect them against distortion of their

performances and grant them the right to claim the mention of their name in connection with their

performances. Some countries also protect the interests of broadcasting organizations by

preventing the distribution on or from their territory of any program-carrying signal emitted to or

passing through a satellite, by a distributor for whom the signal is not intended. No protection of

any related right can, however, be interpreted as limiting or prejudicing the protection secured to

authors or beneficiaries of other related rights under a national law or an international convention.

2.215 Protection of performers is provided in order to safeguard the interests of actors, singers,

musicians, dancers, or other persons who act, sing, deliver, declaim, play in or otherwise perform

literary or artistic works, or expressions of folklore, against certain unlawful uses of their

performances. The term “producer of phonograms” denotes a person who, or a legal entity which,

first fixes the sounds of a performance or other sounds. A phonogram is any exclusively aural

fixation of sounds of a performance or of other sounds. A duplicate of a phonogram is any article

containing sounds taken directly or indirectly from a phonogram and which embodies all or a

substantial part of the sounds fixed in that phonogram. Gramophone records (discs),

magnetophone cassettes and compact discs are duplicates of a phonogram. Broadcasting is usually

understood as meaning telecommunication of sounds and/or images by means of radio waves for

reception by the public at large. A broadcast is any program transmitted by broadcasting, in other

words, transmitted by any wireless means (including satellite transmissions) for public reception of

sounds and of images and sounds.

2.216 Communication to the public by wire is generally understood as meaning the transmission

of a work, performance, phonogram or broadcast by sounds or images through a cable network to

receivers not restricted to specific individuals belonging to a private group.

2.217 By first fixation of sounds is meant the original embodiment of sounds of a live

performance, or of any other sounds not taken from another existing fixation, in some enduring

material form such as tapes, records or any other appropriate device permitting them to be

perceived, reproduced or otherwise repeatedly communicated. First fixation of sounds is not to be

confused with first publication of a phonogram.

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Chapter 2 - Fields of Intellectual Property Protection

2.218 Another notion, that of rebroadcasting, is either simultaneous transmission of a broadcast

of a program being received from another source, or a new, deferred broadcast of a formerly

recorded program transmitted or received earlier.

2.219 Finally, it must be stated that since in the cultural life of countries, including the developing

countries, due importance is attached to the artistic heritage, the protection of related rights affords

rights to those who contribute to the interpretation and dissemination of that heritage. It is

particularly important for some developing countries whose tradition is largely oral and where the

author is often the performer as well. In this context, the place occupied by works of folklore must

be borne in mind, and the interests of the artists performing and thus perpetuating them must be

safeguarded when use is made of their performances. By also protecting the producers of

phonograms, particularly in developing countries, the basis for setting up an industry in the tertiary

sector of the economy is ensured. Such an industry, while guaranteeing the dissemination of

national culture, both within the country and throughout the world, can additionally constitute a

substantial source of revenue for the country’s economy and, in those cases where its activities

extend beyond the country’s frontiers, can represent an inflow of foreign currency. The part played

by the broadcasting organizations in developing countries should also not be forgotten, nor that

such organizations have a natural interest in the protection of their programs against

rebroadcasting, reproduction and communication to the public.

Ownership of Copyright

2.220 The owner of copyright in a work is generally, at least in the first instance, the person who

created the work, that is to say, the author of the work.

2.221 There can be exceptions to this general principle. Such exceptions are regulated by the

national law. For example, the national law may provide that, when a work is created by an author

who is employed for the purpose of creating that work, then the employer, not the author, is the

owner of the copyright in the work.

2.222 It is to be noted, however, that the “moral rights” always belong to the author of the work,

whoever may be the owner of the copyright.

2.223 In many countries, copyright (with the exception of moral rights) may be assigned. This

means that the owner of the copyright transfers it to another person or entity, who becomes the

owner of the copyright.

2.224 In some other countries, an assignment of copyright is not legally possible. However, very

nearly the same practical effect as the effect of assignment can be achieved by licensing. Licensing

means that the owner of the copyright remains the owner but authorizes someone else to exercise

all or some of his rights subject to possible limitations. When such authorization or license extends

to the full period of copyright and when such authorization or license extends to all the rights

(except, of course, the moral rights) protected by copyright, the licensee is, vis-à-vis third parties and

for all practical purposes, in the same position as an owner of copyright.

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WIPO Intellectual Property Handbook: Policy, Law and Use

Limitations on Copyright Protection

Temporal

2.225 Copyright does not continue indefinitely. The law provides for a period of time, a duration,

during which the rights of the copyright owner exist.

2.226 The period or duration of copyright begins with the creation of the work. The period or

duration continues until some time after the death of the author. The purpose of this provision in

the law is to enable the author’s successors to have economic benefits after the author’s death. It

also safeguards the investments made in the production and dissemination of works.

2.227 In countries which are party to the Berne Convention, and in many other countries, the

duration of copyright provided for by national law is the life of the author and not less than fifty

years after the death of the author. In recent years, a tendency has emerged towards lengthening

the term of protection.

Geographic

2.228 The second limitation or exception to be examined is a geographical limitation. The owner

of the copyright in a work is protected by the law of a country against acts restricted by copyright

which are done in that country. For protection against such acts done in another country, he must

refer to the law of that other country. If both countries are members of one of the international

conventions on copyright, the practical problems arising from this geographical limitation are very

much eased.

Permitted Use

2.229 Certain acts normally restricted by copyright may, in circumstances specified in the law, be

done without the authorization of the copyright owner. Some examples of such exceptions are

described as “fair use.” Such examples include reproduction of a work exclusively for the personal

and private use of the person who makes the reproduction; another example is the making of

quotations from a protected work, provided that the source of the quotation, including the name of

the author, is mentioned and that the extent of the quotation is compatible with fair practice.

Non-Material Works

2.230 In some countries, works are excluded from protection if they are not fixed in some material

form. In some countries, the texts of laws and of decisions of courts and administrative bodies are

excluded from copyright protection. It is to be noted that in some other countries such official texts

are not excluded from copyright protection; the government is the owner of copyright in such

works, and exercises those rights in accordance with the public interest.

Miscellaneous

2.231 In addition to exceptions based on the principle of “fair use” other exceptions are to be

found in national laws and in the Berne Convention. For example, when the broadcasting of a

work has been authorized, many national laws permit the broadcasting organization to make a

temporary recording of the work for the purposes of broadcasting, even if no specific authorization

of the act of recording has been given. The laws of some countries permit the broadcasting of

protected works without authorization, provided that fair remuneration is paid to the owner of

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Chapter 2 - Fields of Intellectual Property Protection

right to authorize a particular act, is frequently called a system of “compulsory licenses.” Such

licenses are called “compulsory” because they result from the operation of law and not from the

exercise of the exclusive right of the copyright owner to authorize particular acts.

Piracy and Infringement

2.232 The rights of an owner of copyright are infringed when one of the acts requiring

authorization of the owner is done by someone else without his consent. The unauthorized

copying of copyright materials for commercial purposes and the unauthorized commercial dealing

in copied materials is known as “piracy.”

Incidence of Piracy

2.233 An essential part of piracy is that the unauthorized activity is carried on for commercial gain.

This element of commercial gain implies that piracy will often be carried out on an organized basis,

since not only is the unauthorized reproduction of a work involved, but also the subsequent sale or

distribution of the illegally reproduced work, which will require some form of organized distribution

network or contact with potential purchasers. To the consumer, often only the end of the chain of

such a distribution network will be visible in the form of one sales outlet selling a pirated product. It

is important to bear in mind, however, particularly when addressing the question of the means of

dealing effectively with piracy, that behind one such outlet will often lie a systematically organized

illicit enterprise, which illegally reproduces a copyrighted work and distributes it to the public via a

number of such sales outlets.

2.234 While piracy is not a recent phenomenon, two developments have occurred which have

caused it to assume alarming proportions, and to threaten the basis of the copyright system.

2.235 The first has been the advances in the means by which intellectual works may be

communicated. The medium of the printed word has been supplemented progressively by media

for communicating audio and visual recordings in the form of phonograms, music cassettes, films

and videograms. Similarly, widespread commercialization of the computer has added a further

means of recording and communicating information. Most recently, the advent of digital

technology has had a tremendous impact on the creation, dissemination and use of works.

2.236 The copyright system has responded to these developments by progressively enlarging the

subjects over which the creators of intellectual works are granted rights. These advances, however,

have increased the scope for pirates to interfere in the control which an author exercises over the

dissemination and use of his works by the public.

2.237 Simultaneously with the advances in the means of communicating intellectual works have

been significant advances in the means of reproducing tangible records of those works. Foremost

amongst the latter developments have been:

the development of the offset technique of printing and of duplicating and photocopying

machines;

the invention of the magnetic tape, the advent of the compact disc, and the development

of higher quality and cheaper cassette recorders which enable not only the playing of

WIPO Intellectual Property Handbook: Policy, Law and Use

pre-recorded cassettes, but also the recording of music from live performances, radio or

gramophone records; and

the invention of the video recorder, which has extensively enlarged the means by which

films and other, principally visual, works may be received.

2.238 One consequence of these advances is the difference in cost between, on the one hand, the

making of the original recording by an author and his business partners and, on the other hand, the

reproduction of such a recording by others. In the case of a film, a producer must, through his own

and his partners investment, finance the script writer and any other literary author involved, the

musical composer, the actors, the support cast, the cost of location and site facilities, and the use of

sophisticated visual and sound recording equipment. Once a tangible record has been made of the

film, however, particularly if the record is contained in a videogram recording, further records of the

work can be reproduced with considerable ease and at little cost. Thus, advances in recording

technology have produced the means whereby pirates can easily produce illegal versions of the

original work. Since the pirate has not made, and therefore does not need to recover the cost of,

any investment in the production of the original work, the pirated copies are usually sold at reduced

prices, thereby undermining the original author’s, performer’s, investor’s and distributor’s possibility

of obtaining a just moral and economic reward for their work and investment.

Effects of Piracy on Consumers, on Creators and their Promoters, and on Governmental Authorities

2.239 While consumers may sometimes see short-term benefits in the availability of cheaper works

as a result of piracy, the quality of reproductions made by pirates is often very inferior. Consumers

are also disadvantaged in the long term by piracy as a result of the absence of remuneration given

to authors and performers by pirates, and of the misappropriation of the economic returns to

publishers and producers. This diversion of economic rewards from authors and their business

partners to pirates removes the incentive to the investment of time, effort, skill and resources in the

creation of new works.

2.240 Since piracy is a clandestine activity, the profits derived by pirates are not subject to tax

collection. Amongst the adverse consequences of this diminution in governmental revenue may be

a reduction in the amount of government sponsorship available for the arts, as the level of such

sponsorship may in part be determined by reference to the contribution which is made to the

government budget by taxation derived from the distribution or sale of works subject to copyright

protection.

2.241 Piracy can be seen to have detrimental effects, therefore, on each of the elements that

make up the copyright system. In consequence, piracy threatens to stultify the evolution and

development of national cultural identity which the copyright system is designed to promote.

Remedies

Introduction

2.242 Remedies for infringement of copyright or for violation of related rights consist of civil

redress, as where infringers are obliged by court to cease the infringement and to undertake

reparatory action by any appropriate means, for example, rectification in the press or liability for

damages. Some laws also provide for penal remedies in the form of fines and/or imprisonment.

Chapter 2 - Fields of Intellectual Property Protection

Infringing copies, receipts resulting from infringement and any implement used for the same are

usually subject to seizure.

2.243 The main remedies which are available to a copyright owner in respect of infringement in

common-law jurisdictions are an injunction to restrain the continuation of the infringement, and

damages to compensate the copyright owner for the depreciation caused by the infringement to

the value of his copyright. In the context of piracy, because it is often carried out as an organized

activity, the effectiveness of these remedies may be jeopardized for a number of reasons.

2.244 In the first place, the organizer of the making and distribution of illegal reproductions may

be using a large number of sales outlets of an impermanent nature. The copyright owner may be

confronted with a situation in which it is possible to locate only a small proportion of these outlets,

without being able to prove any linkage between the outlets, or any common source of supply for

the outlets. Furthermore, the service of a writ commencing an action for infringement, by giving

notice to the pirate or to those distributing the works which he has illegally reproduced, may

precipitate the destruction of vital evidence required to indicate the source of supply and the extent

of sales which have taken place. In addition, since piracy often involves an international dimension,

there is a risk that the financial resources and other assets of a pirate may be removed from the

jurisdiction in which legal proceedings are commenced against him, thereby depriving the copyright

owner of the possibility of recovering damages.

2.245 These difficulties have accentuated the need for preliminary remedies which may be

obtained speedily, which will assist in the collection of evidence against a pirate, and which will

prevent the destruction of evidence and the removal of financial resources against which damages

may be claimed. In many common-law jurisdictions a number of developments have occurred in

recent years in response to this need.

Anton Piller Orders

2.246 Foremost among the new developments which have occurred in preliminary remedies has

been the so-called Anton Piller order. The Anton Piller order, named after the case in which the

English Court of Appeal sanctioned its use (Anton Piller K.G. v Manufacturing Processes Ltd.

[1976]

RPC 719), is an order granted by the court permitting the inspection of premises on which it is

believed some activity is being carried on which infringes the copyright of the plaintiff. The order

has a number of features which make it a particularly appropriate remedy in the context of piracy:

First, the order will be granted ex parte, that is, on the application and in the presence

alone of the copyright owner, without prior warning being given to the defendant. The

essence of the order is thus that it takes the defendant by surprise, and precludes the

defendant from destroying or removing vital evidence.

Secondly, the terms on which the order is granted enable the copyright owner to inspect

the premises of the defendant, and all documents (including business information, such as

bills, invoices, sources of supply and customer lists) relating to the alleged infringement.

By virtue of these terms, the copyright owner is given the means whereby he may be able

to establish the source of supply of pirated works, and the extent of sales which have

taken place, which will assist in turn in establishing the amount of damages to which he

may be entitled.

Thirdly, the order for inspection will often be accompanied by an injunction restraining the

defendant from altering or removing in any way articles or documents referred to in the

order for inspection.

WIPO Intellectual Property Handbook: Policy, Law and Use

2.247 The Anton Piller order can undoubtedly constitute an important weapon in the armory

against piracy. Since it is granted on an ex parte basis, however, care needs to be exercised to

ensure that the rights of persons against whom it is granted, and whose actions have not yet been

judged, are adequately protected. Two safeguards, in particular, which have been required by

courts in jurisdictions where it is available, should be noted. First, it will only be granted where it is

essential that the plaintiff should have inspection so that justice can be done between the parties.

In order to meet this criterion, usually a copyright owner will have to prove that there is clear

evidence that the defendants have in their possession incriminating documents or material; that the

circumstances are such that there is a real possibility or grave danger that the incriminating

materials will be destroyed or hidden if the defendant is forewarned; and that the potential or

actual damage to the plaintiff as a result of the defendant’s alleged wrongdoings is very serious.

2.248 The second safeguard which is often required is proper respect for the defendant’s rights in

the execution of the order. In this respect, it may be required that, in executing the order, a

the order, and not force entry into the defendant’s premises against his will. Of course, if a

defendant were to refuse entry into his premises, this would cause extremely adverse inferences to

be drawn against him at the subsequent trial.

2.249 In relation to Anton Piller orders, it may finally be noted that the effectiveness of the orders

was brought into question in one case when a defendant, pleading the privilege against

self-incrimination, successfully applied to discharge orders on the ground that they would expose

him to a real risk of prosecution for a criminal offense (Rank Film Distributors Ltd.

v Video

Information Center

[1981] 2 All E.R. 76). In order to overcome the effects of this decision, it may

be necessary to pass legislation revoking the privilege against self-incrimination as a basis for

refusing to comply with an Anton Piller order, as was done in the Supreme Court Act of 1981 in the

United Kingdom.

Discovery Against Third Parties

2.250 In certain common-law jurisdictions it has been decided that an innocent third party, who

becomes caught up in the wrongdoings of another, is liable to furnish a plaintiff with evidence in

his possession relevant to the prosecution of an action by the plaintiff against the wrongdoer. This

decision arose in the English case of Norwich Pharmacal Co.

v. Commissioners of Customs and

Excise

([1972] RPC 743, [1974] AC 133) where the plaintiffs, the proprietors of a patent covering a

chemical compound, discovered that various persons were importing the compound into the

country in contravention of their patent, but were unable to establish the identity of these persons.

This information was in the possession of the Commissioners of Customs and Excise, since the

importers were required under the customs regulations to fill in a form of entry specifying the name

of the importer and a description of the goods. The customs authorities refused to disclose the

identity of the importers on the ground that the information had been given to them in confidence.

Nevertheless, it was decided that an innocent third party, such as the customs authorities, who

inadvertently becomes involved in the wrongdoing of another, will be liable to furnish information

concerning the wrongdoer to a plaintiff. While this case was concerned with patents, it also has an

application to copyright and could be of particular use to copyright owners who are unable to

establish the identity of persons importing pirated works into a country.

2.251 A related but more effective procedure is to be found in Section 53 of the Indian Copyright

Act 1957. This provision enables the Registrar of Copyrights to order that copies made out of India

of a work which, if made in India, would infringe copyright, shall not be imported. The section also

authorizes the Registrar to enter any ship, dock or premises for the purpose of examining allegedly

infringing works. The use of the section in a case involving the transportation of pirated audio

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