Section 60 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 60 protects the person on the receiving end of a copyright threat. If someone claiming to be a copyright owner threatens another, by circulars, advertisements or otherwise, with legal proceedings or liability for alleged infringement, the person aggrieved may sue for a declaration that there was no infringement, and may also get an injunction against the threats and damages. The section lapses if the threatener acts with due diligence. If you are about to send a demand, legal notice drafting done carefully keeps you on the right side of this section.
A person threatened by someone claiming to be the owner of copyright, through circulars, advertisements or otherwise, may institute a declaratory suit that the alleged infringement was not an infringement, and in that suit may obtain an injunction against continuance of the threats and damages sustained. The section does not apply if the threatener, with due diligence, commences and prosecutes an action for infringement.
The text in parts
"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—"
| Element | Text |
|---|---|
| Who threatens | A person "claiming to be the owner of copyright in any work" |
| How | "By circulars, advertisements or otherwise" |
| What is threatened | "Any legal proceedings or liability in respect of an alleged infringement" |
| Who may sue | "Any person aggrieved thereby" (not only the person addressed) |
| Suit | A declaratory suit that the alleged infringement "was not in fact an infringement of any legal rights of the person making such threats" |
| Relationship with Specific Relief Act | "Notwithstanding" section 34 of the Specific Relief Act, 1963 (footnote: replaced the 1877 Act reference by Act 23 of 1983) |
Points to note:
- The threatener need only be "claiming to be" the owner; the section does not require him to be the owner.
- "Otherwise" is wide. The words do not limit threats to printed material, so a letter or message that threatens proceedings or liability fits the wording.
- "Any person aggrieved" can include, for example, a retailer who loses customers because a supplier was threatened. The text does not define the term.
Remedies in the suit
| Clause | Relief |
|---|---|
| (a) | An injunction against the continuance of such threats |
| (b) | Damages, "if any", sustained by reason of the threats |
The word "if any" means damages are recoverable only to the extent sustained.
The proviso
"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."
Three conditions sit in the proviso: the threatener must commence an action, prosecute it, and do so with due diligence. The text does not set a number of days. A threat followed by a long delay, or a suit started but not pursued, does not obviously satisfy the words; the section does not say more.
Example. Vinod Textiles sends circulars to retailers saying that Mehta Fabrics' printed saree design copies Vinod's artwork and that sellers will face legal action. Mehta believes there is no infringement. Mehta may sue for a declaration that its saree is not an infringement of Vinod's rights, ask for an injunction against further circulars, and claim damages for the lost orders. If Vinod promptly files and diligently pursues its own infringement suit, section 60 does not apply.
Drafting a demand without inviting this section
- State the right claimed and the facts clearly, and check ownership and the alleged copying before writing.
- Address only the alleged infringer, not the market, unless you are ready to sue.
- Be ready to file and pursue an infringement action, which is the safe harbour in the proviso.
- Keep a record of what was circulated and to whom.
For the cease-and-desist route, see cease and desist notice for copyright infringement, and for who can sue and where, see sections 54 and 55 and sections 61 and 62.
What the section does not say
- It does not fix a time within which the declaratory suit must be filed.
- It does not set the amount of damages.
- It does not say which court; section 62 deals with courts for suits "arising under this Chapter".
Need help drafting or answering a copyright notice?
A badly aimed notice can invite a suit under section 60, and an unfounded one can be answered. Our legal notice drafting service can prepare a notice that states your claim carefully, or review the one you have received.
Key takeaways
- Section 60 lets a person aggrieved by a threat of copyright proceedings sue for a declaration of non-infringement.
- In the suit, an injunction against the threats and damages may be sought.
- The threat may be by circulars, advertisements or otherwise.
- The section does not apply if the threatener diligently commences and prosecutes an infringement action.
- The threatener need only claim to be the owner.
Read next
- Sections 61–62: owner as party and jurisdiction of court
- Sections 58–59: infringing copies and works of architecture
- Cease and desist notice for copyright infringement: draft
- Copyright infringement notice to an online platform: draft
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.