THE
COPYRIGHT ACT, 1957
(14
OF 1957)
[4TH
JUNE, 1957]
AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO
COPYRIGHT.
BE IT ENACTED BY PARIAMENT IN THE EIGHTH YEAR OF THE
REPUBLIC OF INDIA AS FOLLOWS:-
Chapter I
Preliminary
1.
Short title, extent and commencement – (1) This
Act may be called the Copyright Act, 1957.
(2) It extends to
the whole of India.
(3) It shall come
into force on such date 2 as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Interpretation -
In this Act, unless the context otherwise requires,-
(a) "adaptation" means,-
(i) in relation
to a dramatic work, the conversion of the work into a non-dramatic work;
(ii) in relation
to a literary work or an artistic work, the conversion of the work into a
dramatic work by way of performance in public or otherwise;
(iii) in relation
to a literary or dramatic work, any abridgement of the work or any version of
the work in which the story or action is conveyed wholly or mainly by means of
pictures in a form suitable for reproduction in a book, or in a newspaper,
magazine or similar periodical3;
(iv) 5in
relation to a musical work, any arrangement or transcription of the work4;
and
(v) in
relation to any work, any use of such work involving its re-arrangement or
alteration;
(b) "work of architecture"
means any building or structure having an artistic character or design, or any
model for such building or structure6;
(c) "artistic work" means-
(i) a painting, a
sculpture, a drawing (including a diagram, map, chart or plan), an engraving or
a photograph, whether or not any such work possesses artistic quality;
(ii) a work of
architecture;7 and
(iii) any other
work of artistic craftsmanship;
(d) "author" means,-
(i) in relation
to a literary or dramatic work, the author of the work;
(ii) in relation
to a musical work, the composer;
(iii) in relation
to an artistic work other than a photograph, the artist;
(iv) relation to
a photograph, the person taking the photograph;
(v) in relation
to a cinematograph8 or sound recording, the producer; and
(vi) in relation
to 9any literary, dramatic, musical or artistic work which is
computer-generated, the person who causes the work to be created;
(dd) 10"broadcast" means
communication to the public-
(i) by any means
of wireless diffusion, whether in any one or more of the forms of signs, sounds
or visual images; or
(ii) by wire,
and includes a
re-broadcast;
(e) "calendar year" means the
year commencing on the 1st day of January;
(f) 11"cinematograph
film" means any work of visual recording on any medium produced through a
process from which a moving image may be produced by any means and includes a
sound recording accompanying such visual recording and
"cinematograph" shall be construed as including any work produced by
any process analogous to cinematography including video films;
(ff)12
"communication
to the public" means making any work available for being seen or heard or
otherwise enjoyed by the public directly or by any means of display or
diffusion other than by issuing copies of such work regardless of whether any
member of the public actually sees, hears or otherwise enjoys the work so made
available.
Explanation.-For the purposes of this clause,
communication through satellite or cable or any other means of simultaneous
communication to more than one household or place of residence including
residential rooms of any hotel or hostel shall be deemed to be communication to
the public;
(ffa) 13"composer",
in relation to a musical work, means the person who composes the music
regardless of whether he records it in any form of graphical notation;
(ffb)14 "computer" includes any
electronic or similar device having information-processing capabilities;
(ffc) 15"computer
programme" means a set of instructions expressed in words, codes, schemes
or in any other form, including a machine-readable medium, capable of causing a
computer to perform a particular task or achieve a particular result;
(ffd)16 "copyright society" means a
society registered under sub-section (3) of section 33;
(g) 17"delivery",
in relation to a lecture, includes delivery by means of any mechanical
instrument or by broadcast;
(h) "dramatic work" includes
any piece for recitation, choreographic work or entertainment in dumb show, the
scenic arrangement or acting form of which is fixed in writing or otherwise but
does not include a cinematograph film;
(hh) 18"duplicating
equipment" means any mechanical contrivance or device used or intended to
be used for making copies of any work;
(i)
"engravings" include etchings, lithographs, wood-cuts, prints and
other similar works, not being photographs;
(j) "exclusive licence" means a
licence which confers on the licensee or on the licensee and persons authorised
by him, to the exclusion of all other persons (including the owner of the
copyright), any right comprised in the copyright in a work, and "exclusive
licensee" shall be construed accordingly;
(k) "Government work" means a
work which is made or published by or under the direction or control of-
(i) the
Government or any department of the Government;
(ii) any Legislature
in India;
(iii) any court,
tribunal or other judicial authority in India;
(l) 19"Indian
work" means a literary, dramatic or musical work,-
(i) the author of
which is a citizen of India; or
(ii) which is
first published in India; or
(iii) the author
of which, in the case of an unpublished work, is, at the time of the making of
the work, a citizen of India;
(m) 20"infringing
copy" means,-
(i) in relation
to a literary, dramatic, musical or artistic work, a reproduction thereof
otherwise than in the form of a cinematographic film;
(ii) in relation
to a cinematographic film, a copy of the film made on any medium by any means;
(iii) in relation
to a sound recording, any other recording embodying the same sound recording,
made by any means;
(iv) in relation
to a programme or performance in which such a broadcast reproduction right or a
performer"s right subsists under the provisions of this Act, the sound
recording or a cinematographic film of such programme or performance,
if such
reproduction, copy or sound recording is made or imported in contravention of
the provisions of this Act;
(n) "lecture" includes address,
speech and sermon;
(o) 21"literary
work" includes computer programmes, tables and compilations including
computer databases;
(p) 22"musical
work" means a work consisting of music and includes any graphical notation
of such work but does not include any words or any action intended to be sung,
spoken or performed with the music;
(q)23 "performance", in relation
to performer"s right, means any visual or acoustic presentation made live by
one or more performers;
(qq) 24"performer"
includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake
charmer, a person delivering a lecture or any other person who makes a
performance;
(r)25 [omitted]
(s) "photograph" includes
photo-lithograph and any work produced by any process analogous to photography
but does not include any part of a cinematograph film;
(t) "plate" includes any
stereotype or other plate, stone, block, mould, matrix, transfer, negative26,
duplicating equipment or other device used or intended to be used for printing
or reproducing copies of any work, and any matrix or other appliance by which27
sound recordings for the acoustic presentation of the work are or are intended
to be made;
(u) "prescribed" means
prescribed by rules made under this Act;
(uu) 28"producer",
in relation to a cinematograph film or sound recording, means a person who
takes the initiative and responsibility for making the work;
(v) 29[omitted]
(w)30 [omitted]
(x) 31"reprography"
means the making of copies of a work, by photocopying or similar means;
(xx)32 "sound recording" means a
recording of sounds from which such sounds may be produced regardless of the
medium on which such recording is made or the method by which the sounds are
produced;
(y) "work" means any of the
following works, namely:-
(i) a literary,
dramatic, musical or artistic work;
(ii) a
cinematograph film;
(iii) a 33sound
recording;
(z) "work of joint authorship"
means a work produced by the collaboration of two or more authors in which the
contribution of one author is not distinct from the contribution of the other
author or authors;
(za) "work of sculpture"
includes casts and models.
3. Meaning
of publication - 34For the purposes of this Act,
"publication" means making a work available to the public by issue of
copies or by communicating the work to the public.
4.
When work not deemed to be published or
performed in public
- Except in relation to infringement of
copyright, a work shall not be deemed to be published or performed in public,
if published, or performed in public, without the licence of the owner of the
copyright.
5. When
work deemed to be first published in India - For the purposes of this Act, a work
published in India shall be deemed to be first published in India,
notwithstanding that it has been published simultaneously in some other
country, unless such other country provides a shorter term of copyright for
such work; and a work shall be deemed to be published simultaneously in India
and in another country if the time between the publication in India and the
publication in such other country does not exceed thirty days or such other
period as the Central Government may, in relation to any specified country,
determine.
6.
Certain disputes to be decided by Copyright Board - 35If any question
arises, :(a) whether a work has been published or as to the date on
which a work was published for the purposes of Chapter V, or
(b) whether the term of copyright for any
work is shorter in any other country than that provided in respect of that work
under this Act,
it shall be
referred to the Copyright Board constituted under section 11 whose decision
thereon shall be final:
Provided that if
in the opinion of the Copyright Board, the issue of copies or communication to
the public referred to in section 3 was of an insignificant nature it shall not
be deemed to be publication for the purposes of that section.
7. Nationality
of author where the making of unpublished work is extended over considerable
period - Where, in the case of an
unpublished work, the making of the work is extended over a considerable
period, the author of the work shall, for the purposes of this Act, be deemed
to be a citizen of, or domiciled in, that country of which he was a citizen or
wherein he was domiciled during any substantial part of that period.
8. Domicile
of corporations - For the purposes of this Act, a body corporate shall be
deemed to be domiciled in India if it is incorporated under any law in force in
India.
1. The Act has been extended to Goa,
Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra and Nagar Haveli by
Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry by Reg. 7 of 1963, S. 3 and
Sch. 1; and brought into force in the State of Sikkim (w.e.f. 27-4-1979): vide
Notification No. S.O. 226(E), dated 27-4-1979, Gazette of India, Extraordinary,
Part II, Section 3(ii), page 430
2. 21st January, 1968, vide
Notification No. S.R.O. 269, dated 21-1-1958, Gazette of India, Extraordinary,
Part II, Section 3, page 167
3. Certain words omitted by Act 38 of
1994, s. 2.
4. Ins. by Act 38 of 1994, s. 2.
5. Ins. by Act 38 of 1994, s. 2.
6. Subs. by Act 38 of 1994, s. 2, for
`architectural work of art".
7. Subs. by Act 38 of 1994, s. 2 for
"architectural work of art",
8. Ins. by Act 38 of 1994. s. 2.
9. Ins. by Act 38 of 1994, s. 2.
10. Subs. by Act 23 of 1983, s. 3
(w.e.f. 9-8-1984)
11. Subs. by Act 38 of 1994, s. 2
12. Subs. by Act 38 of 1994, s. 2.
13. Subs. by Act 38 of 1994, s. 2.
14. Ins. by Act 38 of 1994, s. 2.
15. Ins. by Act 38 of 1994, s. 2.
16. Subs. by Act 38 of 1994, s. 2.
17. Subs. by Act 23 of 1983, s. 2, for
"radio-diffusion" (w.9.f. 9-8-1984)
18. Subs. by Act 66 of 1984, s. 2
(w.e.f. 8-10-1984)
19. Subs. by s. 3, ibid for cl. (1)
(w.e.f. 9.8.1984).
20. Subs. by Act 38 of 1994, s. 2.
21. Subs. by Act 38 of 1994, s. 2.
22. Subs. by Act 38 of 1994, s. 2
23. Subs. by Act 38 of 1994, s. 2
24. Subs. by Act 38 of 1994, s. 2.
25. Clause (r) omitted by Act 38 of
1994, s. 2.
26. Ins. by Act 68 of 1984, s. 2
(w.e.f. 8-10-1984).
27. Subs. by Act 38 of 1994, s. 2 for
"records"
28. Ins. by Act 38 of 1994, s. 2.
29. Clause (v) omitted by Act 23 of
1983, s. 3 (w.e.f. 9.8.1984)
30. Clause (w) omitted by Act 38 of
1994, s. 2.
31. Subs. by Act 38 of 1994, s. 2.
32. Ins. by Act 38 of 1994, s. 2.
33. Subs. by Act 38 of 1994, s. 2. for
"record".
34. Subs. by Act 38 of 1994, s. 3.
35. Subs. by Act 38 of 1994, s. 6
[35A. . Subs. by Act 49 of 1999,
Section 2, for databasis (wef 15.1.2000)]
CHAPTER II
Copyright Office and Copyright Board
9. Copyright Office-(1) There shall be
established for the purposes of this Act an office to be called the Copyright
Office.
(2) The Copyright Office
shall be under the immediate control of the Registrar of Copyrights who shall
act under the superintendence and direction of the Central Government.
(3) There shall be a seal for the
Copyright Office.
10. Registrar and Deputy
Registrars of Copyrights -(1) The Central
Government shall appoint a Registrar of Copyrights and may appoint one or more
Deputy Registrars of Copyrights.
(2) A Deputy Registrar of Copyrights
shall discharge under the superintendence and direction of the Registrar of
Copyrights such functions of the Registrar under this Act as the Registrar may,
from time to time, assign to him; and any reference in this Act to the
Registrar of Copyrights shall include a reference to a Deputy Registrar of
Copyrights when so discharging any such functions.
11. Copyright Board -(1)
As soon as may be after the commencement of this Act, the Central
Government shall constitute a Board to be called the Copyright Board which
shall consist of a Chairman and not less than two nor more than 36[fourteen]
other members.
(2) The Chairman and other members
of the Copyright Board shall hold office for such period and on such terms and
conditions as may be prescribed.
(3) The Chairman of the
Copyright Board shall be a person who is, or has been, a Judge 37
** of a High Court or is qualified for appointment as a Judge of a
High Court.
(4) The Registrar of Copyrights
shall be the Secretary of the Copyright Board and shall perform such functions
as may be prescribed.
12. Powers and procedure
of Copyright Board -(1) The Copyright Board shall, subject to any rules
that may be made under this Act, have power to regulate its own procedure,
including the fixing of places and times of its sittings:
Provided that the Copyright Board
shall ordinarily hear any proceeding instituted before it under this Act within
the zone in which, at the time of the institution of the proceeding, the person
instituting the proceeding actually and voluntarily resides or carries on
business or personally works for gain.
Explanation.-In this sub-section "zone" means a zone specified
in section 15 of the States Reorganisation Act, 1956.
(2) The Copyright Board may exercise
and discharge its powers and functions through Benches constituted by the
Chairman of the Copyright Board from amongst its members, each Bench consisting
of not less than three members.
38 “Provided that, if the Chairman is of opinion that any
matter of importance is required to be heard by a larger bench, he may refer
the matter to a special bench consisting of five members”.
(3) If there is a difference of opinion
among the members of the Copyright Board or any Bench thereof in respect of any
matter coming before it for decision under this Act, the opinion of the
majority shall prevail:
39Provided that where there is no such majority, the opinion
of the Chairman shall prevail.
(4) The 40 [Chairman
may authorise any of its members to exercise any of
the powers conferred on it by section 74 and any order made or act done in
exercise of those powers by the member so authorised
shall be deemed to be the order or act, as the case may be, of the Board.
(5) No member of the Copyright Board
shall take part in any proceedings before the Board in respect of any matter in
which he has a personal interest.
(6) No act done or proceeding taken
by the Copyright Board under this Act shall be questioned on the ground merely
of the existence of any vacancy in, or defect in the constitution of, the
Board.
(7) The Copyright Board shall be
deemed to be a civil court for the purposes of41 sections 345
and 346 of the Code of Criminal Procedure, 1973, and all proceedings before the
Board shall be deemed to be judicial proceedings within the meaning of sections
193 and 228 of the Indian Penal Code.
36. Subs. By Act
38 of 1994, s. 11 for "eight".
37. Certain words omitted by Act 38
of 1994, s. 11
38. Ins. by Act 38 of 1994, s. 12.
39. Subs. By Act 38 of 1994, s. 12.
40. Subs. By Act
38 of 1994, 5. 12, for `Copyright Board"
41. Subs. By Act 23 of 1983, s. 6,
for certain words (w.e.f. 9-8-1984).
CHAPTER III
Copyright
13. Works in which
copyright subsists -(1) Subject to the provisions of this section and the
other provisions of this Act, copyright shall subsist throughout India in the
following classes of works, that is to say,-
(a) original literary, dramatic,
musical and artistic works;
(b) cinematograph films; and
(c) 42sound recordings.
(2) Copyright shall not subsist in
any work specified in sub-section (1), other than a work to which the
provisions of section 40 or section 41 apply, unless,-
(i) in the
case of a published work, the work is first published in India, or where the
work is first published outside India, the author is at the date of such
publication, or in a case where the author was dead at that date, was at the
time of his death, a citizen of India;
(ii) in the
case of an unpublished work other than a43 [work of
architecture, the author is at the date of the making of the work a citizen of
India or domiciled in India; and
(iii) in
the case of a 44[work of architecture, the work is located in
India.
Explanation.-In the case of a work of joint authorship, the conditions
conferring copyright specified in this sub-section shall be satisfied by all
the authors of the work.
(3) Copyright shall not subsist-
(a) in any cinematograph film if a
substantial part of the film is an infringement of the copyright in any other
work;
(b) in any45 [sound
recording made in respect of a literary, dramatic or musical work, if in making
the 46[sound
recording, copyright in such work has been infringed.
(4) The copyright in a cinematograph
film or a 47[sound recording shall not affect the separate
copyright in any work in respect of which or a substantial part of which, the
film, or as the case may be, the 48[sound recording is made.
(5) In the case of a 49[work
of architecture, copyright shall subsist only in the artistic character and
design and shall not extend to processes or methods of construction.
14. Meaning of copyright
- For the purposes of this Act, "copyright" means the exclusive right
subject to the provisions of this Act, to do or authorise
the doing of any of the following acts in respect of a work or any substantial
part thereof, namely:-
(a) in the case of a literary,
dramatic or musical work, not being a computer programme,-
(i) to reproduce the work in any material form including the
storing of it in any medium by electronic means;
(ii) to
issue copies of the work to the public not being copies already in circulation;
(iii) to
perform the work in public, or communicate it to the public;
(iv) to
make any cinematograph film or sound recording in respect of the work;
(v) to make
any translation of the work;
(vi) to
make any adaptation of the work;
(vii) to do, in relation to a
translation or an adaptation of the work, any of the acts specified in relation
to the work in sub-clauses (i) to (vi);
(b) in the case
of a computer programme,-
(i) to do any of the acts specified in clause (a);
51A”(ii) to sell or give on commercial rental or offer for
sale or for commercial rental any copy of the computer programme:
Provided
that such commercial rental does not apply in respect of computer programmes where the programme
itself is not the essential object of the rental.”
(c) in the case of an artistic work,-
(i) to reproduce the work in any material form including
depiction in three dimensions of a two-dimensional work or in two dimensions of
a three-dimensional work;
(ii) to communicate
the work to the public;
(iii) to
issue copies of the work to the public not being copies already in circulation;
(iv) to
include the work in any cinematograph film;
(v) to make
any adaptation of the work;
(vi) to do
in relation to an adaptation of the work any of the acts specified in relation
to the work in sub-clauses (i) to (iv);
(d) in the case
of a cinematograph film,-
(i) to make a copy of the film, including a photograph of any
image forming part thereof;
(ii) to sell or give on hire, or
offer for sale or hire, any copy of the film, regardless of whether such copy
has been sold or given on hire on earlier occasions;
(iii) to
communicate the film to the public;
(e) in the case
of a sound recording,-
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire,
or offer for sale or hire, any copy of the sound recording regardless of
whether such copy has been sold or given on hire on earlier occasions;
(iii) to
communicate the sound recording to the public.
Explanation.-For the purposes of this section, a copy which has been
sold once shall be deemed to be a copy already in circulation.
15.-
Special provision regarding copyright in
designs registered or capable of being registered under the Designs Act, 1911
- (1) Copyright shall not subsist under this Act in any design which is
registered under the 51***Designs Act, 1911.
(2) Copyright in any design,
which is capable of being registered under the Designs Act, 1911, but which has
not been so registered, shall cease as soon as any article to which the design
has been applied has been reproduced more than fifty times by an industrial
process by the owner of the copyright or, with his licence,
by any other person.
16. No copyright except
as provided in this Act - No person shall be entitled to copyright or any
similar right in any work, whether published or unpublished, otherwise than
under and in accordance with the provisions of this Act or of any other law for
the time being in force, but nothing in this section shall be construed as
abrogating any right or jurisdiction to restrain a breach of trust or
confidence.
42. Subs. by Act 38 of 1994, s. 12,
for "records"
43. Subs. by Act 38 of 1994, s. 12,
for `architecture work of arr".
44. Subs. by Act 38 of 1994, s. 12,
for "an architectural woek of art".
45. Subs. by Act 38 of 1994, s. 12,
for "record".
46. Subs. by Act 38 of 1994, s. 12,
for "rerord".
47. Subs. by Act 38 of 1994, s. 12,
for `record".
48. Subs. by Act 38 of 1994, s. 12,
for "record".
49. Subs. by Act 38 of 1994, s. 2,
for "architecture work act".
50. Subs. by Act 38 of 1994, s. 14.
51. The words "Indian Patents
and" omitted by Act 23 of 1983, s.7(w.e.f. 9-8-1984)
[51A. Subs by Act 49 of 1999, Section 3, for sub
clause (ii) (wef 15.1.2000)]
Chapter IV
Ownership of Copyright and the Rights of
the Owner
17. First owner of
copyright - Subject to the provisions of this Act, the author of a work
shall be the first owner of the copyright therein:
Provided that-
(a) in the case of a literary, dramatic or artistic work made
by the author in the course of his employment by the proprietor of a newspaper,
magazine or similar periodical under a contract of service or apprenticeship,
for the purpose of publication in a newspaper, magazine or similar periodical,
the said proprietor shall, in the absence of any agreement to the contrary, be
the first owner of the copyright in the work in so far as the copyright relates
to the publication of the work in any newspaper, magazine or similar
periodical, or to the reproduction of the work for the purpose of its being so
published, but in all other respects the author shall be the first owner of the
copyright in the work;
(b) subject to the provision of clause (a), in the case
of a photograph taken, or a painting or portrait drawn, or an engraving or a
cinematograph film made, for valuable consideration at the instance of any
person, such person shall, in the absence of any agreement to the contrary, be
the first owner of the copyright therein;
(c) in the case of a work made in the course of the author's
employment under a contract of service or apprenticeship, to which clause (a)
or clause (b) does not apply, the employer shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein;
(cc) 52in the case of any address or speech
delivered in public, the person who has delivered such address or speech or if
such person has delivered such address or speech on behalf of any other person,
such other person shall be the first owner of the copyright therein
notwithstanding that the person who delivers such address or speech, or, as the
case may be, the person on whose behalf such address or speech is delivered, is
employed by any other person who arranges such address or speech or on whose
behalf or premises such address or speech is delivered;
(d) in the case of a Government work,
Government shall, in the absence of any agreement to the contrary, be the first
owner of the copyright therein;
(dd)
53in the case of a work made or first published by or under
the direction or control of any public undertaking, such public undertaking
shall, in the absence of any agreement to the contrary, be the first owner of
the copyright therein.
Explanation.-For the purposes of this clause and section 28A,
"public undertaking" means-
(i) an undertaking owned or controlled by Government; or
(ii) a
Government Company as defined in section 617 of the Companies Act, 1956; or
(iii) a
body corporate established by or under any Central, Provincial or State Act;
(e) in the case of a work to which the
provisions of section 41 apply, the international organisation
concerned shall be the first owner of the copyright therein.
18. Assignment of
copyright -(1) The owner of the copyright in an existing work or the
prospective owner of the copyright in a future work may assign to any person
the copyright either wholly or partially and either generally or subject to
limitations and either for the whole term of the copyright or any part thereof:
Provided
that in the case of the assignment of copyright in any future work, the
assignment shall take effect only when the work comes into existence.
(2) Where the assignee of a
copyright becomes entitled to any right comprised in the copyright, the
assignee as respects the rights so assigned, and the assignor as respects the
rights not assigned, shall be treated for the purposes of this Act as the owner
of copyright and the provisions of this Act shall have effect accordingly.
(3) In this section, the expression
"assignee" as respects the assignment of the copyright in any future
work includes the legal representatives of the assignee, if the assignee dies
before the work comes into existence.
19. Mode of assignment
-(1) 54No assignment of the copyright
in any work shall be valid unless it is in writing signed by the assignor or by
his duly authorised agent.
(2) 55The
assignment of copyright in any work shall identify such work, and shall specify
the rights assigned and the duration and territorial extent of such assignment.
(3) 56The
assignment of copyright in any work shall also specify the amount of royalty
payable, if any, to the author or his legal heirs during the currency of the
assignment and the assignment shall be subject to revision, extension or
termination on terms mutually agreed upon by the parties.
(4) 57Where the
assignee does not exercise the rights assigned to him under any of the other
sub-sections of this section within a period of one year from the date of
assignment, the assignment in respect of such rights shall be deemed to have
lapsed after the expiry of the said period unless
otherwise specified in the assignment.
(5)58 If the
period of assignment is not stated, it shall be deemed to be five years from
the date of assignment.
(6)59 If the
territorial extent of assignment of the rights is not specified, it shall be
presumed to extend within India.
(7) 60Nothing in
sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or
sub-section (6) shall be applicable to assignments made before the coming into
force of the Copyright (Amendment) Act, 1994.
19A 61Disputes
with respect to assignment of copyright .-(1)
If an assignee fails to make sufficient exercise of the rights assigned to him,
and such failure is not attributable to any act or omission of the assignor,
then, the Copyright Board may, on receipt of a complaint from the assignor and
after holding such inquiry as it may deem necessary, revoke such assignment.
(2) If any dispute arises with
respect to the assignment of any copyright the Copyright Board may, on receipt
of a complaint from the aggrieved party and after holding such inquiry as it
considers necessary, pass such order as it may deem fit including an order for
the recovery of any royalty payable:
Provided that the Copyright Board
shall not pass any order under this sub-section to revoke the assignment unless
it is satisfied that the terms of assignment are harsh to the assignor in case
the assignor is also the author:
Provided further that no order of
revocation of assignment under this sub-section, shall
be made within a period of five years from the date of such assignment.
Transmission of copyright in
manuscript by testamentary disposition
20. Where under a bequest a person is entitled to the
manuscript of a literary, dramatic or musical work, or to an artistic work, and
the work was not published before the death of the testator, the bequest shall,
unless the contrary intention is indicated in the testator's will or any
codicil thereto, be construed as including the copyright in the work in so far
as the testator was the owner of the copyright immediately before his death.
Explanation.-In this section, the expression "manuscript"
means the original document embodying the work, whether written by hand or not.
Right of author to relinquish
copyright
21.-(1) The author of a work may relinquish all or any of the
rights comprised in the copyright in the work by giving notice in the
prescribed form to the Registrar of Copyrights and thereupon such rights shall,
subject to the provisions of sub-section (3), cease to exist from the date of
the notice.
(2) On receipt of a notice under
sub-section (1), the Registrar of Copyrights shall cause it to be published in
the Official Gazette and in such other manner as he may deem fit.
(3) The relinquishment of all or any
of the rights comprised in the copyright in a work shall not affect any rights
subsisting in favour of any person on the date of the
notice referred to in sub-section (1).
52. Ins. by
s. 8, ibid. (w.e.f. 9-8-1984)
53. Ins. by
Act 23 of 1983, s. 8 (w.e.f. 9-8-1984)
54. S. 19
re-numbered as sub-section (1) thereof by s. 9, ibid.,
(W.G.f. 9-8-1984)
55. (Subs.
by Act 38 of 1994, s. 19.)
56. (Subs.
by Act 38 of 1994, s. 19)
57. (Subs.
by Act 38 of 1994, s. 19)
58. (Subs.
by Act 38 of 1994, s. 19.)
59. (Subs.
by Act 38 of 1994, s, 19.)
60. (Subs.
by Act 38 of 1994, s. 19.)
61. Subs.
by Act 38 of 1994, s. 19
Chapter V
Term
of Copyright
22. Term of copyright in
published literary, dramatic, musical and artistic works - Except as otherwise hereinafter provided,
copyright shall subsist in any literary, dramatic, musical or artistic work
(other than a photograph) published within the lifetime of the author until 62sixty
years from the beginning of the calendar year next following the year in which
the author dies.
Explanation.-In this section the reference to the author shall, in the
case of a work of joint authorship, be construed as a reference to the author
who dies last.
23. Term of copyright in
anonymous and pseudonymous works -(1) In the case of a literary, dramatic,
musical or artistic work (other than a photograph), which is published
anonymously or pseudonymously, copyright shall subsist until 63sixty
years from the beginning of the calendar year next following the year in which
the work is first published:
Provided that where the identity of
the author is disclosed before the expiry of the said
period, copyright shall subsist until 64sixty years from the
beginning of the calendar year next following the year in which the author
dies.
(2) In sub-section (1), references
to the author shall, in the case of an anonymous work of joint authorship, be
construed,-
(a) where the identity of one of the
authors is disclosed, as references to that author;
(b) where the identity of more authors
than one is disclosed, as references to the author who dies last from amongst
such authors.
(3) In sub-section (1), references
to the author shall, in the case of a pseudonymous work of joint authorship, be
construed,-
(a) where the names of one or more (but not all) of the authors
are pseudonymous and his or their identity is not disclosed, as references to
the author whose name is not a pseudonym, or, if the names of two or more of
the authors are not pseudonyms, as references to such of those authors who dies
last;
(b) where the names of one or more (but not all) of the authors
are pseudonyms and the identity of one or more of them is disclosed, as
references to the author who dies last from amongst the authors whose names are
not pseudonyms and the authors whose names are pseudonyms and are disclosed;
and
(c) where the names of all the authors are pseudonyms and the
identity of one of them is disclosed, as references to the author whose
identity is disclosed or if the identity of two or more of such authors is
disclosed, as references to such of those authors who dies last.
Explanation.-For the purposes of this section, the identity of an
author shall be deemed to have been disclosed, if either the identity of the
author is disclosed publicly by both the author and the publisher or is
otherwise established to the satisfaction of the Copyright Board by that
author.
24. Term of copyright in
posthumous work -(1) In the case of a literary, dramatic or musical work or
an engraving, in which copyright subsists at the date of the death of the
author or, in the case of any such work of joint authorship, at or immediately
before the date of the death of the author who dies last, but which, or any
adaptation of which, has not been published before that date, copyright shall
subsist until 65sixty years from the beginning of the
calendar year next following that year in which the work is first published or,
where an adaptation of the work is published in any earlier year, from the
beginning of the calendar year next following that year.
(2) For the purposes of this section
a literary, dramatic or musical work or an adaptation of any such work shall be
deemed to have been published, if it has been performed in public or if any
sound recordings made in respect of the work have been sold to the public or
have been offered for sale to the public.
25. Term of copyright in
photographs - In the case of a photograph, copyright shall subsist until 66sixty
years from the beginning of the calendar year next following the year in which
the photograph is published.
26. Term of copyright in cinematograph
films - In the case of a cinematograph
film, copyright shall subsist until 67sixty years from the
beginning of the calendar year next following the year in which the film is
published.
27. Term of copyright in sound
recordings - In the case of a 68sound
recording, copyright shall subsist until 69sixty years from
the beginning of the calendar year next following the year in which the 70sound
recording is published.
28. Term of copyright in
Government work -In the case of Government work, where Government is the
first owner of the copyright therein, copyright shall subsist until 71sixty
years from the beginning of the calendar year next following the year in which
the work is first published.
Term of copyright in works of public
undertakings
7228A. In the
case of a work, where a public undertaking is the first owner of the copyright
therein, copyright shall subsist until 73sixty years from the
beginning of the calendar year next following the year in which the work is
first published.
29. Term of copyright in
works of international organisations - In the
case of a work of an international organisation to
which the provisions of section 41 apply, copyright
shall subsist until 74sixty years from the beginning of the
calendar year next following the year in which the work is first published.
62. Subs.
by Act 13 of 1992, s. 2 for'fifty'.
63. Subs.
by Act 13 of 1992, s. 2 for'fifty".
64. Subs. by
Act 13 of 1992, s. 2 for `fifty".
65. Subs.
by Act 13 of 1992, S. 2 for `fifty'
66. Subs.
by Act 13 of 1992, s. 2 for'fifty'.
67. Subs.
by Act 13 of 1992, s. 2 for `fifty'.
68. Subs.
by Act 38 of 1994, s. 2 for "record".
69. Subs.
by Act 13 of 1992, 2 for `fifty'.
70. Subs.
by Act 38 of 1994, s. 2 for "record"
71. Subs.
by Act 13 of 1992, s. 2 for "fiW"
72. Ins. by
Act 23 of 1983, s. 11 (w.e.f. 9-8-1994)
73. Subs.
by Act 13 of 1992, s. 2 for "lifty"
74. Subs.
by Act 13 of 1992, s. for "fifty"
Chapter VI
Licences
30. Licences by owners of copyright - The owner of
the copyright in any existing work or the prospective owner of the copyright in
any future work may grant any interest in the right by licence
in writing signed by him or by his duly authorised
agent:
Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into
existence.
Explanation.-Where a person to whom a licence
relating to copyright in any future work is granted under this section dies
before the work comes into existence, his legal representatives shall, in the
absence of any provision to the contrary in the licence,
be entitled to the benefit of the licence.
7530A. Application of sections 19 and 19A - The
provisions of sections 19 and 19A shall, with any necessary adaptations and
modifications, apply in relation to a licence under
section 30 as they apply in relation to assignment of copyright in a work.
31. Compulsory licence in works withheld from public -(1) If at any time during the term of copyright in any
Indian work which has been published or performed in public, a complaint is
made to the Copyright Board that the owner of copyright in the work - (a)
has refused to republish or allow the republication of the work or has refused
to allow the performance in public of the work, and by reason of such refusal
the work is withheld from the public; or
(b) has refused to allow communication to the public by 76broadcast,
of such work or in the case of a sound recording the work recorded in such 77sound
recording, on terms which the complainant considers reasonable;
the Copyright Board, after giving to
the owner of the copyright in the work a reasonable opportunity of being heard
and after holding such inquiry as it may deem necessary, may, if it is
satisfied that the grounds for such refusal are not reasonable, direct the
Registrar of Copyrights to grant to the complainant a licence
to republish the work, perform the work in public or communicate the work to
the public by broadcast, as the case may be, subject to payment to the owner of
the copyright of such compensation and subject to such other terms and
conditions as the Copyright Board may determine; and thereupon the Registrar of
Copyrights shall grant the licence to the complainant
in accordance with the directions of the Copyright Board, on payment of such
fee as may be prescribed.
Explanation.-In this sub-section, the expression "Indian
work" includes-
(i) an artistic work, the author of which is a citizen of India;
and
(ii) a
cinematograph film or a sound recording made or manufactured in India.
(2) Where two or more persons have
made a complaint under sub-section (1), the licence
shall be granted to the complainant who in the opinion of the Copyright Board
would best serve the interests of the general public.
31A. Compulsory licence in unpublished Indian works -(1)
Where, in the case of an Indian work referred to in sub-clause (iii) of clause (l)
of section 2, the author is dead or unknown or cannot be traced, or the owner
of the copyright in such work cannot be found, any person may apply to the
Copyright Board for a licence to publish such work or
a translation thereof in any language.
(2) Before making an application
under sub-section (1), the applicant shall publish his proposal in one issue of
a daily newspaper in the English language having circulation in the major part
of the country and where the application is for the publication of a translation
in any language, also in one issue of any daily newspaper in that language.
(3) Every such application shall be
made in such form as may be prescribed and shall be accompanied with a copy of
the advertisement issued under sub-section (2) and such fee as may be
prescribed.
(4) Where an application is made to
the Copyright Board under this section, it may, after holding such inquiry as
may be prescribed, direct the Registrar of Copyrights to grant to the applicant
a licence to publish the work or a translation
thereof in the language mentioned in the application subject to the payment of
such royalty and subject to such other terms and conditions as the Copyright
Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction
of the Copyright Board.
(5) Where a licence
is granted under this section, the Registrar of Copyrights may, by order,
direct the applicant to deposit the amount of the royalty determined by the
Copyright Board in the public account of India or in any other account
specified by the Copyright Board so as to enable the owner of the copyright or,
as the case may be, his heirs, executors or the legal representatives to claim
such royalty at any time.
(6) Without prejudice to the
foregoing provisions of this section, in the case of a work referred to in
sub-section (1), if the original author is dead, the Central Government may, if
it considers that the publication of the work is desirable in the national
interest, require the heirs, executors or legal representatives of the author
to publish such work within such period as may be specified by it.
(7) Where any work is not published
within the period specified by the Central Government under sub-section (6),
the Copyright Board may, on an application made by any person for permission to
publish the work and after hearing the parties concerned, permit such
publication on payment of such royalty as the Copyright Board may, in the
circumstances of such case, determine in the prescribed manner.
32. Licence to produce and publish translations -(1) Any person may apply to the Copyright Board for a licence to produce and publish a translation of a literary
or dramatic work in any language after a period of seven years from the first
publication of the work.
(1A) 80Notwithstanding
anything contained in sub-section (1), any person may apply to the Copyright
Board for a licence to produce and publish a
translation, in printed or analogous forms of reproduction, of a literary or
dramatic work, other than an Indian work, in any language in general use in
India after a period of three years from the first publication of such work, if
such translation is required for the purposes of teaching, scholarship or
research:
Provided that where such translation
is in a language not in general use in any developed country, such application
may be made after a period of one year from such publication.
(2) Every 81application
under this section shall be made in such form as may be prescribed and shall state
the proposed retail price of a copy of the translation of the work.
(3) Every applicant for a licence under this section shall, along with his
application, deposit with the Registrar of Copyrights such fee as may be
prescribed.
(4) Where an application is made to
the Copyright Board under this section, it may, after holding such inquiry as
may be prescribed, grant to the applicant a licence,
not being an exclusive licence, to produce and
publish a translation of the work in the language mentioned in 82the
application-
(i)
subject to the condition that the applicant shall pay to the owner of the
copyright in the work royalties in respect of copies of the translation of the
work sold to the public, calculated at such rate as the Copyright Board may, in
the circumstances of each case, determine in the prescribed manner; and
(ii) where such licence
is granted on an application under sub-section (1A), subject also to the
condition that the licence shall not extend to the
export of copies of the translation of the work outside India and every copy of
such translation shall contain a notice in the language of such translation
that the copy is available for distribution only in India:
Provided that nothing in clause (ii)
shall apply to the export by Government or any authority under the Government
of copies of such translation in a language other than English, French or
Spanish to any country if-
(1) such
copies are sent to citizens of India residing outside India or to any
association of such citizens outside India; or
(2) such
copies are meant to be used for purposes of teaching, scholarship or research
and not for any commercial purpose; and
(3) in
either case, the permission for such export has been given by the Government of
that country:
83Provided further that no licence
under this section shall be granted, unless-
(a) a translation of the work in the language mentioned in the
application has not been published by the owner of the copyright in the work or
any person authorised by him, 82within
seven years or three years or one year, as the case may be, of the first
publication of the work, or if a translation has been so published, it has been
out of print;
(b) the applicant has proved to the satisfaction of the
Copyright Board that he had requested and had been denied authorisation
by the owner of the copyright to produce and publish such translation, or that 84he
was, after due diligence on his part, unable to find the owner of the
copyright;
(c) where the applicant was unable to find the owner of the
copyright, he had sent a copy of his request for 85such authorisation by registered airmail post to the publisher
whose name appears from the work, and in the case of an application for a licence under sub-section (1), not less than two months
before 85such application;
(cc) 84a period of six months in the case of
an application under sub-section (1A) (not being an application under the
proviso thereto), or nine months in the case of an application under the
proviso to that sub-section, has elapsed from the date of making the request
under clause (b) of this proviso, or where a copy of the request has
been sent under clause (c) of this proviso, from the date of sending of
such copy, and the translation of the work in the language mentioned in the
application has not been published by the owner of the copyright in the work or
any person authorised by him within the said period of six months or nine months, as the case may
be;
(ccc)
in the case of any application made under sub-section (1A),-
(i) the name of the author and the title of the particular
edition of the work proposed to be translated are printed on all the copies of
the translation;
(ii) if the
work is composed mainly of illustrations, the provisions of section 32A are
also complied with;
(d) the Copyright Board is satisfied
that the applicant is competent to produce and publish a correct translation of
the work and possesses the means to pay to the owner of the copyright the
royalties payable to him under this section;
(e) the author has not withdrawn from
circulation copies of the work; and
(f) an opportunity of being heard is
given, wherever practicable, to the owner of the copyright in the work.
(5) 84Any
broadcasting authority may apply to the Copyright Board for a licence to produce and publish the translation of-
(a) a work referred to in sub-section
(1A) and published in printed or analogous forms of reproduction; or
(b) any text incorporated in
audio-visual fixations prepared and published solely for the purpose of
systematic instructional activities,
for broadcasting such translation for the purposes of teaching
or for the dissemination of the results of specialised,
technical or scientific research to the experts in any particular field.
(6) The provisions of sub-sections
(2) to (4) in so far as they are relatable to an application under sub-section
(1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence
shall not also be granted unless-
(a) the translation is made from a
work lawfully acquired;
(b) the broadcast is made through the
medium of sound and visual recordings;
(c) such recording has been lawfully
and exclusively made for the purpose of broadcasting in India by the applicant
or by any other broadcasting agency; and
(d) the translation and the
broadcasting of such translation are not used for any commercial purposes.
Explanation.-For the purposes of this section,-
(a) "developed country"
means a country which is not a developing country;
(b) "developing country"
means a country which is for the time being regarded as such in conformity with
the practice of the General Assembly of the United Nations;
(c) "purposes of research"
does not include purposes of industrial research, or purposes of research by
bodies corporate (not being bodies corporate owned or controlled by Government)
or other associations or body of persons for commercial purposes;
(d) "purposes of teaching,
research or scholarship" includes-
(i) purposes of instructional activity at all levels in
educational institutions, including Schools, Colleges, Universities and
tutorial institutions; and
(ii) purposes
of all other types of organised educational activity.
32A. Licence to reproduce and publish works for certain
purposes -86(1) Where, after the expiration of the
relevant period from the date of the first publication of an edition of a
literary, scientific or artistic work,-
(a) the copies of such edition are not
made available in India; or
(b) such copies have not been put on
sale in India for a period of six months,
to the general public, or in
connection with systematic instructional activities at a price reasonably
related to that normally charged in India for comparable works by the owner of
the right of reproduction or by any person authorised
by him in this behalf, any person may apply to the Copyright Board for a licence to reproduce and publish such work in printed or
analogous forms of reproduction at the price at which such edition is sold or
at a lower price for the purposes of systematic instructional activities.
(2) Every such application shall be
made in such form as may be prescribed and shall state the proposed retail
price of a copy of the work to be reproduced.
(3) Every applicant for a licence under this section shall, along with his
application, deposit with the Registrar of Copyrights such fee as may be
prescribed.
(4) Where an application is made to
the Copyright Board under this section, it may, after holding such inquiry as
may be prescribed, grant to the applicant a licence,
not being an exclusive licence, to produce and
publish a reproduction of the work mentioned in the application subject to the
conditions that,-
(i) the
applicant shall pay to the owner of the copyright in the work royalties in
respect of copies of the reproduction of the work sold to the public,
calculated at such rate as the Copyright Board may, in the circumstances of
each case, determine in the prescribed manner;
(ii) a licence granted under this section shall not extend to the
export of copies of the reproduction of the work outside India and every copy
of such reproduction shall contain a notice that the copy is available for
distribution only in India:
Provided that no such licence shall be granted unless-
(a) the applicant has proved to the satisfaction of the
Copyright Board that he had requested and had been denied authorisation
by the owner of the copyright in the work to reproduce and publish such work or
that he was, after due diligence on his part, unable to find such owner;
(b) where the applicant was unable to find the owner of the
copyright, he had sent a copy of his request for such authorisation
by registered air-mail post to the publisher whose name appears from the work
not less than three months before the application for the licence;
(c) the Copyright Board is satisfied
that the applicant is competent to reproduce and publish an accurate
reproduction of the work and possesses the means to pay to the owner of the
copyright the royalties payable to him under this section;
(d) the applicant undertakes to reproduce and publish the work
at such price as may be fixed by the Copyright Board, being a price reasonably
related to the price normally charged in India for works of the same standard
on the same or similar subjects;
(e) a period of six months in the case of an application for
the reproduction and publication of any work of natural science, physical
science, mathematics or technology, or a period of three months in the case of
an application for the reproduction and publication of any other work, has
elapsed from the date of making the request under clause (a), or where a
copy of the request has been sent under clause (b), from the date of
sending of a copy, and a reproduction of the work has not been published by the
owner of the copyright in the work or any person authorised
by him within the said period of six months or three
months, as the case may be;
(f) the name of the author and the
title of the particular edition of the work proposed to be reproduced are
printed on all the copies of the reproduction:
(g) the author has not withdrawn from
circulation copies of the work; and
(h) an opportunity of being heard is
given, wherever practicable, to the owner of the copyright in the work.
(5) No licence
to reproduce and publish the translation of a work shall be granted under this
section unless such translation has been published by the owner of the right of
translation or any person authorised by him and the
translation is not in a language in general use in India.
(6) The provisions of this section
shall also apply to the reproduction and publication, or translation into a
language in general use in India, of any text incorporated in audio-visual
fixations prepared and published solely for the purpose of systematic
instructional activities.
Explanation.-For the purposes of this section, "relevant
period", in relation to any work, means a period of-
(a) seven years from the date of the first publication of that
work, where the application is for the reproduction and publication of any work
of, or relating to, fiction, poetry, drama, music or art;
(b) three years from the date of the first publication of that
work, where the application is for the reproduction and publication of any work
of, or relating to, natural science, physical science, mathematics or
technology; and
(c) five years from the date of the first publication of that
work, in any other case.
32B. Termination of licences issued under this Chapter - (1) If, at any
time after the granting of a licence to produce and
publish the translation of a work in any language under sub-section (1A) of
section 32 (hereafter in this sub-section referred to as the licensed work),
the owner of the copyright in the work or any person authorised
by him publishes a translation of such work in the same language and which is
substantially the same in content at a price reasonably related to the price
normally charged in India for the translation of works of the same standard on
the same or similar subject, the licence so granted
shall be terminated:
Provided that no such termination
shall take effect until after the expiry of a period of three months from the
date of service of a notice in the prescribed manner on the person holding such
licence by the owner of the right of translation
intimating the publication of the translation as aforesaid:
Provided further that copies of the
licensed work produced and published by the person holding such licence before the termination of the licence
takes effect may continue to be sold or distributed until the copies already
produced and published are exhausted.
(2) If, at any time after the
granting of a licence to produce and publish the
reproduction or translation of any work under section 32A, the owner of the
right of reproduction or any person authorised by him
sells or distributes copies of such work or a translation thereof, as the case
may be, in the same language and which is substantially the same in content at
a price reasonably related to the price normally charged in India for works of
the same standard on the same or similar subject, the licence
so granted shall be terminated:
Provided that no such termination
shall take effect until after expiry of a period of three months from the date
of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction
intimating the sale or distribution of the copies of the editions of work as
aforesaid:
Provided further that any copies
already reproduced by the licensee before such termination takes effect may
continue to be sold or distributed until the copies already produced are
exhausted.
75. Ins. by
Act 38 of 1994, s. 30. )
76. Subs.
by Act 23 of 1983, s. 2 for "radio-diffusion" (w.e.f.
9-8-1984)
77. Subs.
by Act 38 of 1994, s. 2 for "record"
78. Lins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).
79. Subs.
by Act 38 of 1994, s. 12 (w.e.f. 9-8-1984).
80. Ins. by
S. 13, ibid. (w.e.f. 9-8-1984).
81. Subs.
by Act 23 of 1983, for "such application" (w.e.f.
9-8-1984).
82. Subs.
by s. 13, ibid., for certain words (w.e.f. 9-8-1984).
83. Subs.
by s. 13, ibid., for "Provided that no such licence"
(w.e.f. 9-8-1984).
84. Ins. by
s.13, ibid (w.e.f. 9-8-94).
85. Subs.
by Act 23 of 1983, s. 13 for certain words (w.e.f.
9-8-94).
86. Ins. by
Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).
Chapter
VII
Copyright Societies
33. 1 Registration of Copyright Society - (1)
No person or association of persons shall, after coming into force of the
Copyright (Amendment) Act, 1994 commence or carry on the business of issuing or
granting licences in respect of any work in which
copyright subsists or in respect of any other rights conferred by this Act
except under or in accordance with the registration granted under sub-section
(3):
Provided that an owner of copyright
shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his
obligations as a member of the registered copyright society:
Provided further that a performing
rights society functioning in accordance with the provisions of section 33 on
the date immediately before the coming into force of the Copyright (Amendment)
Act, 1994 shall be deemed to be a copyright society for the purposes of this
Chapter and every such society shall get itself registered within a period of
one year from the date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons who
fulfils such conditions as may be prescribed may apply for permission to do the
business specified in sub-section (1) to the Registrar of Copyrights who shall
submit the application to the Central Government.
(3) The Central Government may,
having regard to the interests of the authors and other owners of rights under
this Act, the interest and convenience of the public and in particular of the
groups of persons who are most likely to seek licences
in respect of the relevant rights and the ability and professional competence
of the applicants, register such association of persons as a copyright society
subject to such conditions as may be prescribed:
Provided
that the Central Government shall not ordinarily register more than one
copyright society to do business in respect of the same class of works.
(4) The Central Government may, if
it is satisfied that a copyright society is being managed in a manner
detrimental to the interests of the owners of rights concerned, cancel the registration
of such society after such inquiry as may be prescribed.
(5) If the Central Government is of
the opinion that in the interest of the owners of rights concerned, it is
necessary so to do, it may, by order, suspend the registration of such society pending
inquiry for such period not exceeding one year as may be specified in such
order under sub-section (4) and that Government shall appoint an administrator
to discharge the functions of the copyright society.
34. 87Administration
of rights of owner by copyright society - (1) Subject to such conditions as
may be prescribed,-
(a) a copyright society may accept from an owner of rights
exclusive authorisation to administer any right in
any work by issue of licences or collection of licence fees or both; and
(b) an owner of rights shall have the
right to withdraw such authorisation without
prejudice to the rights of the copyright society under any contract.
(2) It shall be competent for a
copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights
under this Act, to entrust to such foreign society or organisation
the administration in any foreign country of rights administered by the said
copyright society in India, or for administering in India the rights
administered in a foreign country by such foreign society or organisation:
Provided
that no such society or organisation shall permit any
discrimination in regard to the terms of licence or
the distribution of fees collected between rights in Indian and other works.
(3) Subject to such conditions as
may be prescribed, a copyright society may-
(i) issue licences under section 30 in
respect of any rights under this Act;
(ii) collect
fees in pursuance of such licences;
(iii) distribute
such fees among owners of rights after making deductions for its own expenses;
(iv) perform
any other functions consistent with the provisions of section 35.
34A. 88Payment
of remunerations by copyright society - (1) If the Central Government is of
the opinion that a copyright society for a class of work is generally
administering the rights of the owners of rights in such work throughout India,
it shall appoint that society for the purposes of this section.
(2) The copyright society shall,
subject to such rules as may be made in this behalf, frame a scheme for
determining the quantum of remuneration payable to individual copyright owners
having regard to the number of copies of the work in circulation:
Provided
that such scheme shall restrict payment to the owners of rights whose works
have attained a level of circulation which the copyright society considers
reasonable.
35. Control over the
copyright society by the owner of rights - 89(1) Every
copyright society shall be subject to the collective control of the owners of
rights under this Act whose rights it administers (not being owners of rights
under this Act administered by a foreign society or organisation
referred to in sub-section (2) of section 34) and shall, in such manner as may
be prescribed,-
(a) obtain
the approval of such owners of rights for its procedures of collection and
distribution of fees;
(b) obtain their approval for the utilisation
of any amounts collected as fees for any purpose other than distribution to the
owner of rights; and
(c) provide
to such owners regular, full and detailed information concerning all its
activities, in relation to the administration of their rights.
(2) All fees distributed among the
owners of rights shall, as far as may be, be distributed in proportion to the
actual use of their works.
36. Submission of
returns and reports 90- (1) Every
copyright society shall submit to the Registrar of Copyrights such returns as
may be prescribed.
(2) Any officer duly authorised by the Central Government in this behalf may
call for any report and also call for any records of any copyright society for
the purpose of satisfying himself that the fees collected by the society in
respect of rights administered by it are being utilised
or distributed in accordance with the provisions of this Act.
36A. Rights and liabilities of performing
rights societies - 91Nothing in
this Chapter shall affect any rights or liabilities in any work in connection
with a performing rights society which had accrued or were incurred on or
before the day prior to the commencement of the Copyright (Amendment) Act,
1994, or any legal proceedings in respect of any such rights or liabilities
pending on that day.
1. The Act has been extended to Goa,
Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra
and Nagar
Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry by Reg. 7 of 1963, S.
3 and
Sch. 1;
and brought into force in the State of Sikkim (w.e.f.
27-4-1979): vide Notification No. S.O.
226(E),
dated 27-4-1979, Gazette of India, Extraordinary, Part II, Section 3(ii), page
430
86a.
Subs. by Act 38 of 1994, s. 33
87. Subs.
by Act 38 of 1994, s. 34
88. Ins. by
Act 38 of 1994, s. 34A
89. Subs.
by Act 38 of 1994, s. 35
90. Subs.
by Act 38 of 1994, s. 36
91. Ins. of
Act 38 of 1994, s. 36A
Chapter
VIII
Rights of Broadcasting 92Organisation and of Performers
37. 93Broadcast
reproduction right - (1) Every broadcasting organisation shall have a special right to be known as
"broadcast reproduction right" in respect of its broadcasts.
(2) The broadcast reproduction right
shall subsist until twenty-five years from the beginning of the calendar year
next following the year in which the broadcast is made.
(3) During the continuance of a
broadcast reproduction right in relation to any broadcast, any person who,
without the licence of the owner of the right does
any of the following acts of the broadcast or any substantial part thereof,-
(a) re-broadcasts the broadcast; or
(b) causes the broadcast to be heard
or seen by the public on payment of any charges; or
(c) makes any sound recording or
visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual
recording where such initial recording was done without licence
or, where it was licensed, for any purpose not envisaged by such licence; or
(e) sells or hires to the public, or offers for such sale or
hire, any such sound recording or visual recording referred to in clause (c)
or clause (d),
shall, subject to the provisions of section 39, be deemed to have
infringed the broadcast reproduction right.
38. 94Performer's
right - (1) Where any performer appears or engages in any performance, he
shall have a special right to be known as the "performer's right" in
relation to such performance.
(2) The performer's right shall
subsist until 96Afifty years from the beginning of the
calendar year next following the year in which the performance is made.
(3) During the continuance of a
performer's right in relation to any performance, any person who, without the
consent of the performer, does any of the following acts in respect of the
performance or any substantial part thereof, namely:-
(a) makes a sound
recording or visual recording of the performance; or
(b) reproduces
a sound recording or visual recording of the performance, which sound recording
or visual recording was-
(i) made without the performer's consent; or
(ii) made
for purposes different from those for which the performer gave his consent; or
(iii) made for purposes different
from those referred to in section 39 from a sound recording or visual recording
which was made in accordance with section 39; or
(c) broadcasts the performance except where the broadcast is
made from a sound recording or visual recording other than one made in
accordance with section 39, or is a re-broadcast by the same broadcasting organisation of an earlier broadcast which did not infringe
the performer's right; or
(d) communicates the performance to
the public otherwise than by broadcast, except where such communication to the
public is made from a sound recording or a visual recording or a broadcast,
shall, subject to the provisions of section 39, be deemed to have
infringed the performer's right.
(4) Once a performer has consented
to the incorporation of his performance in a cinematograph film, the provisions
of sub-sections (1), (2) and (3) shall have no further application to such
performance.
39. 95Acts
not infringing broadcast reproduction right or performer's right - No
broadcast reproduction right or performer's right shall be deemed to be
infringed by-
(a) the making of any sound recording or visual recording for
the private use of the person making such recording, or solely for purposes of bona
fide teaching or research; or
(b) the use, consistent with fair
dealing, of excerpts of a performance or of a broadcast in the reporting of
current events or for bona fide review, teaching or research; or
(c) such other
acts, with any necessary adaptations and modifications, which do not constitute
infringement of copyright under section 52.
39A. Other provisions
applying to broadcast reproduction right and performer's right - Sections
18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and
modifications, apply in relation to the broadcast reproduction right in any
broadcast and the performer's right in any performance as they apply in
relation to copyright in a work:
Provided that where copyright or
performer's right subsists in respect of any work or performance that has been
broadcast, no licence to reproduce such broadcast
shall take effect without the consent of the owner of rights or performer, as
the case may be, or both of them.
92. Subs. by
Act.38 of 1994, cl. 12 for 'Authorities'
93. Subs.
by Act 38 of 1994, s. 37
94. Subs.
by Act 38 of 1994, s. 38
95. Subs.
by Act 38 of 1994, s. 39
96. Subs.
by Act 38 of 1994, s. 39A.
[96A.
Subs. By Act 49 of 1999, Section 4, for twenty five years (wef 15.1.2000)]
Chapter IX
International
Copyright
40. - Power to extend
copyright to foreign works - The
Central Government may, by 97order published in the Official
Gazette, direct that all or any provisions of this Act shall apply-
(a) to works first published in any territory outside India to
which the order relates in like manner as if they were first published within
India;
(b) to unpublished works, or any class thereof, the authors
whereof were at the time of the making of the work, subjects or citizens of a
foreign country to which the order relates, in like manner as if the authors
were citizens of India;
(c) in respect of domicile in any
territory outside India to which the order relates in like manner as if such
domicile were in India;
(d) to any work of which the author was at the date of the
first publication thereof, or, in a case where the author was dead at that
date, was at the time of his death, a subject or citizen of a foreign country
to which the order relates in like manner as if the author was a citizen of
India at that date or time;
and
thereupon, subject to the provisions of this Chapter and of the order, this Act
shall apply accordingly:
Provided
that-
(i) before making an order under this section in respect of
any foreign country (other than a country with which India has entered into a
treaty or which is a party to a convention relating to copyright to which India
is also a party), the Central Government shall be satisfied that that foreign
country has made, or has undertaken to make, such provisions, if any, as it
appears to the Central Government expedient to require for the protection in
that country of works entitled to copyright under the provisions of this Act;
(ii)
the order may provide that the provisions of this Act shall apply either
generally or in relation to such classes of works or such classes of cases as
may be specified in the order;
(iii)
the order may provide that the term of copyright in
India shall not exceed that conferred by the law of the country to which the
order relates;
(iv)
the order may provide that the enjoyment of the rights
conferred by this Act shall be subject to the accomplishment of such conditions
and formalities, if any, as may be prescribed by the order;
(v)
in applying the provisions of this Act as to ownership of copyright, the order
may make such exceptions and modifications as appear necessary, having regard
to the law of the foreign country;
(vi)
the order may provide that this Act or any part
thereof shall not apply to works made before the commencement of the order or
that this Act or any part thereof shall not apply to works first published before
the commencement of the order.
Power of Central Government to apply
Chapter VIII to broadcasting organisations
and performers in certain other countries
98A40A.-(1) If
the Central Government is satisfied that a foreign country (other than a
country with which India has entered into a treaty or which is a party to a
convention relating to rights of broadcasting organisations
and performers to which India is also a party) has made or has undertaken to
make such provisions, if any, as it appears to the Central Government expedient
to require, for the protection in that foreign country, of the rights of
broadcasting organisations and performers as is
available under this Act, it may, by order published in the Official Gazette,
direct that the provisions of Chapter VIII shall apply-
(a)
to broadcasting organisations
whose headquarters is situated in a country to which the order relates or, the
broadcast was transmitted from a transmitter situated in a country to which the
order relates as if the headquarters of such organisation
were situated in India or such broadcast were made from India;
(b)
to performances that took place
outside India to which the order relates in like manner as if they took place
in India;
(c)
to performances that are incorporated in a sound recording
published in a country to which the order relates as if it was published in
India;
(d)
to performances not fixed on a sound
recording broadcast by a broadcasting organisation
the headquarters of which is located in a country to which the order relates or
where the broadcast is transmitted from a transmitter which is situated in a
country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were
made from India.
(2)
Every order made under sub-section (1) may provide that-
(i) the provisions of Chapter VIII shall apply either
generally or in relation to such class or classes of broadcasts or performances
or such other class or classes of cases as may be specified in the order;
(ii)
the term of the rights of broadcasting organisations
and performers in India shall not exceed such term as is conferred by the law
of the country to which the order relates;
(iii)
the enjoyment of the rights conferred by Chapter VIII
shall be subject to the accomplishment of such conditions and formalities, if
any, as may be specified in that order;
(iv)
Chapter VIII or any part thereof shall not apply to broadcast and performances
made before the commencement of the order or that Chapter VIII or any part
thereof shall not apply to broadcasts and performances broadcast or performed
before the commencement of the order;
(v)
in case of ownership of rights of broadcasting organisations
and performers, the provisions of Chapter VIII shall apply with such exceptions
and modifications as the Central Government may, having regard to the law of
the foreign country, consider necessary.
41. Provisions as to
works of certain international organisations - (1) Where-
(a) any work is made or first
published by or under the direction or control of any organisation
to which this section applies, and
(b) there would, apart from this
section, be no copyright in the work in India at the time of the making or, as
the case may be, of the first publication thereof, and
(c) either-
(i) the work is published as aforesaid in pursuance of an
agreement in that behalf with the author, being an agreement which does not
reserve to the author the copyright, if any, in the work, or
(ii)
under section 17 any copyright in the work would
belong to the organisation;
there shall, by
virtue of this section, be copyright in the work throughout India.
(2)
Any organisation to which this section applies which
at the material time had not the legal capacity of a body corporate shall have
and be deemed at all material times to have had the legal capacity of a body
corporate for the purpose of holding, dealing with, and enforcing copyright and
in connection with all legal proceedings relating to copyright.
(3)
The organisations to which this section applies are
such organisations as the Central Government may, by 98order
published in the Official Gazette, declare to be organisations
of which one or more sovereign powers or the Government or Governments thereof
are members to which it is expedient that this section shall apply.
42. Power to restrict
rights in works of foreign authors first published in India - If it appears
to the Central Government that a foreign country does not give or has not
undertaken to give adequate protection to the works of Indian authors, the
Central Government may, by order published in the Official Gazette, direct that
such of the provisions of this Act as confer copyright on works first published
in India shall not apply to works, published after the date specified in the
order, the authors whereof are subjects or citizens of such foreign country and
are not domiciled in India, and thereupon those provisions shall not apply to
such works.
Power to restrict rights of foreign
broadcasting organisations and performers
98B42A. If it
appears to the Central Government that a foreign country does not give or has
not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by
order published in the Official Gazette, direct that such of the provisions of
this Act as confer right to broadcasting organisations
or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or
incorporated in such foreign country or are subjects or citizens of such
foreign country and are not incorporated or domiciled in India, and thereupon
those provisions shall not apply to such broadcasting organisations
or performers.
43. Orders under this
Chapter to be laid before Parliament - Every order made by the Central
Government under this Chapter shall, as soon as may be after it is made, be
laid before both Houses of Parliament and shall be subject to such
modifications as Parliament may make during the session in which it is so laid
or the session immediately following.
97. For International Copyright Order, 1991, see Gazette of
India, Extraordinary, Pt. II, Sec. 3, No.
561
98. For
Copyright (International Organisations) Order, 1991,
see Gazette of India, Pt. II, Sec. 3, No.
561
[98A. Ins. By Act 49 of 1999, Section 5 (wef 15.1.2000)]
[98B. Ins. By Act 49 of 1999, Section 6(wef 15.1.2000)]
Chapter X
Registration of Copyright
44. Register of
Copyrights - There shall be kept at
the Copyright Office a register in the prescribed form to be called the
Register of Copyrights in which may be entered the names or titles of works and
the names and addresses of authors, publishers and owners of copyright and such
other particulars as may be prescribed.
45. Entries in Register
of Copyrights – (1) The author or publisher of, or the owner of or other
person interested in the copyright in, any work may make an application in the
prescribed form accompanied by the prescribed fee to the Registrar of
Copyrights for entering particulars of the work in the Register of Copyrights:
99Provided that in respect of an artistic work which is used
or is capable of being used in relation to any goods, the application shall
include a statement to that effect and shall be accompanied by a certificate
from the Registrar of Trade Marks referred to in section 4 of the Trade and
Merchandise Marks Act, 1958, to the effect that no trade mark identical with or
deceptively similar to such artistic work has been registered under that Act in
the name of, or that no application has been made under that Act for such
registration by, any person other than the applicant.
(2) On receipt of an application in
respect of any work under sub-section (1), the Registrar of Copyrights may,
after holding such inquiry as he may deem fit, enter the particulars of the
work in the Register of Copyrights.
46. Indexes - There shall be also kept at the Copyright Office such
indexes of the Register of Copyrights as may be prescribed.
47. Form and inspection
of register - The Register of Copyrights and indexes thereof kept under
this Act shall at all reasonable times be open to inspection, and any person
shall be entitled to take copies of, or make extracts from, such register or
indexes on payment of such fee and subject to such conditions as may be
prescribed.
48. Register of
Copyrights to be prima facie evidence of particulars entered therein - The
Register of Copyrights shall be prima facie evidence of the particulars
entered therein and documents purporting to be copies of any entries therein,
or extracts therefrom certified by the Registrar of
Copyrights and sealed with the seal of the Copyright Office shall be admissible
in evidence in all courts without further proof or production of the original.
49. Correction of entries in the
Register of Copyrights - The Registrar of Copyrights may, in the prescribed cases
and subject to the prescribed conditions, amend or alter the Register of
Copyrights by-
(a) correcting any error in any name,
address or particulars; or
(b) correcting any other error which
may have arisen therein by accidental slip or omission.
50. Rectification of
Register by Copyright Board - The Copyright Board, on application of the
Registrar of Copyrights or of any person aggrieved, shall order the
rectification of the Register of Copyrights by-
(a) the making of any entry wrongly
omitted to be made in the register, or
(b) the expunging of any entry wrongly
made in, or remaining on, the register, or
(c) the correction of any error or
defect in the register.
50A. Entries in the
Register of Copyrights, etc., to be published - 100Every
entry made in the Register of Copyrights or the particulars of any work entered
under section 45, the correction of every entry made in such register under
section 49, and every rectification ordered under section 50, shall be
published by the Registrar of Copyrights in the Official Gazette or in such
other manner as he may deem fit.
99. Added
by Act 23 of 1983, s. 16 (w.e..f.
9-8-1984).
100. Ins. by
Act 23 of 1983, s. 17 (w.e.f. 9-8-1984).
Chapter XI
Infringement of Copyright
51. When copyright
infringed - Copyright in a work shall be deemed to be infringed-
(a) when any person, without a licence
granted by the owner of the copyright or the Registrar of Copyrights under this
Act or in contravention of the conditions of a licence
so granted or of any condition imposed by a competent authority under this Act-
(i) does anything, the exclusive right to do which is by the Act
conferred upon the owner of the copyright, or
(ii) 101permits
for profit any place to be used for the communication of the work to the public
where such communication constitutes an infringement of the copyright in the
work, unless he was not aware and had no reasonable ground for believing that
such communication to the public would be an infringement of copyright; or
(b) when any person-
(i) makes
for sale or hire, or sells or lets for hire, or by way of trade displays or
offers for sale or hire, or
(ii) distributes
either for the purpose of trade or to such an extent as to affect prejudicially
the owner of the copyright, or
(iii) by
way of trade exhibits in public, or
(iv) imports102*****
into India, any infringing copies of the work:
103Provided that nothing in sub-clause (iv)
shall apply to the import of one copy of any work for the private and domestic
use of the importer.
Explanation.-For the purposes of this section, the reproduction of a
literary, dramatic, musical or artistic work in the form of a cinematograph
film shall be deemed to be an "infringing copy".
52. Certain acts not to
be infringement of copyright - (1)
The following acts shall not constitute an infringement of copyright, namely:-
(a) a fair dealing with a literary,
dramatic, musical or artistic work, 104not being a computer programme, for the purposes of-
(i)105 private use, including research;
(ii) 106criticism
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 purpose for which it was supplied; or
(ii) to
make back-up copies purely as a temporary protection against loss, destruction
or damage in order only to utilise the computer programme for the purpose for which it was supplied;
121A(ab) the doing of any act necessary to obtain information
essential for operating inter-operability of an independently created computer programme with other programmes
by a lawful possessor of a computer programme
provided that such information is not otherwise readily available;
(ac) the observation, study or test of functioning of the
computer programme in order to determine the ideas
and principles which underline any elements of the programme
while performing such acts necessary for the functions for which the computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for
non-commercial personal use;
(b) a fair dealing with a literary, dramatic, musical or
artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or
(ii) by 107broadcast
or in a cinematograph film or by means of photographs.
108Explanation.-The
publication of a compilation of addresses or speeches delivered in public is
not a fair dealing of such work within the meaning of this clause;
(c) the reproduction of a literary,
dramatic, musical or artistic work for the purpose of a judicial proceeding or
for the purpose of a report of a judicial proceeding;
(d) the reproduction or publication of a literary, dramatic,
musical or artistic work in any work prepared by the Secretariat of a
Legislature or, where the Legislature consists of two Houses, by the
Secretariat of either House of the Legislature, exclusively for the use of the
members of that Legislature;
(e) the reproduction of any literary,
dramatic or musical work in a certified copy made or supplied in accordance
with any law for the time being in force;
(f) the reading or recitation in
public of any reasonable extract from a published literary or dramatic work;
(g) the publication in a collection, mainly composed of
non-copyright matter, bona fide intended for the use of educational
institutions, and so described in the title and in any advertisement issued by
or on behalf of the publisher, of short passages from published literary or
dramatic works, not themselves published for the use of educational
institutions, in which copyright subsists:
Provided that not more than two such
passages from works by the same author are published by the same publisher
during any period of five years.
Explanation.-In the case of a work of joint authorship, references in
this clause to passages from works shall include references to passages from
works by any one or more of the authors of those passages or by any one or more
of those authors in collaboration with any other person;
(h) the reproduction of a literary,
dramatic, musical or artistic work-
(i) a teacher or a pupil in the course of instruction; or
(ii) part
of the questions to be answered in an examination; or
(iii) answers
to such questions;
(i) the performance, in the course of the activities of an
educational institution, of a literary, dramatic or musical work by the staff
and students of the institution, or of a cinematograph film or a 109sound
recording, if the audience is limited to such staff and students, the parents
and guardians of the students and persons directly connected with the
activities of the institution 110or the communication to such
an audience of a cinematograph film or sound recording;
(j) 111the making of sound
recordings in respect of any literary, dramatic or musical work, if-
(i) sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work;
(ii) the person making the sound
recordings has given a notice of his intention to make the sound recordings,
has provided copies of all covers or labels with which the sound recordings are
to be sold, and has paid in the prescribed manner to the owner of rights in the
work royalties in respect of all such sound recordings to be made by him, at
the rate fixed by the Copyright Board in this behalf:
Provided that-
(i) no
alterations shall be made which have not been made previously by or with the
consent of the owner of rights, or which are not reasonably necessary for the
adaptation of the work for the purpose of making the sound recordings;
(ii) the
sound recordings shall not be issued in any form of packaging or with any label
which is likely to mislead or confuse the public as to their identity;
(iii) no such sound recording shall
be made until the expiration of two calendar years after the end of the year in
which the first sound recording of the work was made; and
(iv) the
person making such sound recordings shall allow the owner of rights or his duly
authorised agent or representative to inspect all
records and books of account relating to such sound recording:
Provided further that if on a
complaint brought before the Copyright Board to the effect that the owner of
rights has not been paid in full for any sound recordings purporting to be made
in pursuance of this clause, the Copyright Board is, prima facie, satisfied
that the complaint is genuine, it may pass an order ex parte directing
the person making the sound recording to cease from making further copies and,
after holding such inquiry as it considers necessary, make such further order
as it may deem fit, including an order for payment of royalty;
(k) 112the causing of a recording to be heard in public by utilising it,-
(i) in an
enclosed room or hall meant for the common use of residents in any residential
premises (not being a hotel or similar commercial establishment) as part of the
amenities provided exclusively or mainly for residents therein; or
(ii) as
part of the activities of a club or similar organisation
which is not established or conducted for profit;
(l) the performance of a literary,
dramatic or musical work by an amateur club or society, if the performance is
given to a non-paying audience, or for the benefit of a religious institution;
(m) the reproduction in a newspaper, magazine or other
periodical of an article on current economic, political, social or religious
topics, unless the author of such article has expressly reserved to himself the
right of such reproduction;
(n) the publication in a newspaper,
magazine or other periodical of a report of a lecture delivered in public;
(o) the making of not more than three
copies of a book (including a pamphlet, sheet of music, map, chart or plan) by
or under the direction of the person in charge of a public library for the use
of the library if such book is not available for sale in India;
(p) the reproduction, for the purpose
of research or private study or with a view to publication, of an unpublished
literary, dramatic or musical work kept in a library, museum or other
institution to which the public has access:
Provided that where the identity of
the author of any such work or, in the case of a work of joint authorship, of
any of the authors is known to the library, museum or other institution, as the
case may be, the provisions of this clause shall apply only if such
reproduction is made at a time more than 121Bsixty years from
the date of the death of the author or, in the case of a work of joint
authorship, from the death of the author whose identity is known or, if the
identity of more authors than one is known from the death of such of those
authors who dies last;
(q) the reproduction or publication
of-
(i) any matter which has been published in any Official Gazette
except an Act of a Legislature;
(ii) any
Act of a Legislature subject to the condition that such Act is reproduced or
published together with any commentary thereon or any other original matter;
(iii) the report of any committee,
commission, council, board or other like body appointed by the Government if
such report has been laid on the Table of the Legislature, unless the
reproduction or publication of such report is prohibited by the Government;
(iv) any
judgment or order of a court, tribunal or other judicial authority, unless the
reproduction or publication of such judgment or order is prohibited by the
court, the tribunal or other judicial authority, as the case may be;
(r) the production or publication of a
translation in any Indian language of an Act of a Legislature and of any rules
or orders made thereunder-
(i) if no translation of such Act or rules or orders in that
language has previously been produced or published by the Government; or
(ii) where
a translation of such Act or rules or orders in that language has been produced
or published by the Government, if the translation is not available for sale to
the public:
Provided that such translation
contains a statement at a prominent place to the effect that the translation
has not been authorised or accepted as authentic by
the Government;
(s) 113the making or publishing of a
painting, drawing, engraving or photograph of a work of architecture or the
display of a work of architecture;
(t) the making or publishing of a painting, drawing, engraving
or photograph of a sculpture, or other artistic work falling under sub-clause
(iii) of clause (c) of section 2, if such work is permanently situate in
a public place or any premises to which the public has access;
(u) the inclusion in a cinematograph
film of-
(i) any artistic work permanently situate in a public place or
any premises to which the public has access; or
(ii) any
other artistic work, if such inclusion is only by way of background or is
otherwise incidental to the principal matters represented in the film;
(v) the use by the author of an artistic work, where the author
of such work is not the owner of the copyright therein, of any mould, cast,
sketch, plan, model or study made by him for the purpose of the work:
Provided that he does not thereby
repeat or imitate the main design of the work;
114*****
(x) the reconstruction of a building
or structure in accordance with the architectural drawings or plans by
reference to which the building or structure was originally constructed:
Provided that the original
construction was made with the consent or licence of
the owner of the copyright in such drawings and plans;
(y) in relation to a literary,
dramatic or musical work recorded or reproduced in any cinematograph film, the
exhibition of such film after the expiration of the term of copyright therein:
Provided that the provisions of
sub-clause (ii) of clause (a), sub-clause (i)
of clause (b) and clauses (d), (f), (g), (m)
and (p) shall not apply as respects any act unless that act is
accompanied by an acknowledgment-
(i) identifying the work by its title or other description; and
(ii) unless
the work is anonymous or the author of the work has previously agreed or
required that no acknowledgment of his name should be made, also identifying
the author;
(z) 115the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast
by a broadcasting organisation of a work which it has
the right to broadcast; and the retention of such recording for archival
purposes on the ground of its exceptional documentary character;
(za) 116the performance of a literary,
dramatic or musical work or the communication to the public of such work or of
a sound recording in the course of any bona fide religious ceremony or
an official ceremony held by the Central Government or the State Government or
any local authority.
Explanation.-For the purpose of this clause, religious ceremony
including a marriage procession and other social festivities associated with a
marriage.
(2) The provisions of sub-section
(1) shall apply to the doing of any act in relation to the translation of a
literary, dramatic or musical work or the adaptation of a literary, dramatic,
musical or artistic work as they apply in relation to the work itself.
52A. Particulars to be
included in sound recordings and video films - 117(1) No
person shall publish a 118sound recording in respect of any
work unless the following particulars are displayed on the sound recording and
on any container thereof, namely:-
(a) the name and address of the person
who has made the sound recording;
(b) the name and address of the owner
of the copyright in such work; and
(c) the year of its first publication.
(2) No person shall publish a video
film in respect of any work unless the following particulars are displayed in
the video film, when exhibited, and on the video cassette or other container
thereof, namely:-
(a) if such work is a cinematograph
film required to be certified for exhibition under the provisions of the
Cinematograph Act, 1952, a copy of the certificate granted by the Board of Film
Certification under section 5A of that Act in respect of such work;
(b) the name and address of the person who has made the video
film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright in such
work for making such video film; and
(c) the name and address of the owner
of the copyright in such work.
52B. Accounts and audit
- 119(1) Every copyright society
appointed under section 34A shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts, in such form and in such
manner as may be prescribed by the Central Government in consultation with the
Comptroller and Auditor-General of India.
(2) The accounts of each of the
copyright societies in relation to the payments received from the Central
Government shall be audited by the Comptroller and Auditor-General of India at
such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the copyright society to the
Comptroller and Auditor-General.
(3) The Comptroller and
Auditor-General of India or any other person appointed by him in connection
with the audit of the accounts of the copyright society referred to in
sub-section (2) shall have the same rights and privileges and authority in
connection with such audit as the Comptroller and Auditor-General has in
connection with the audit of the Government accounts and, in particular, shall
have the right to demand the production of books, accounts and other documents
and papers and to inspect any of the offices of the copyright society for the
purpose only of such audit.
(4) The accounts of each of the
copyright societies as certified by the Comptroller and Auditor-General of
India or any other person appointed by him in this behalf together with the
audit report thereon shall be forwarded annually to the Central Government and
that Government shall cause the same to be laid before each House of
Parliament.
53. Importation of
infringing copies - (1) The Registrar of Copyrights, on application by the
owner of the copyright in any work or by his duly authorised
agent and on payment of the prescribed fee, may, after making such inquiry as
he deems fit, order that copies made out of India of the work which if made in
India would infringe copyright shall not be imported.
(2) Subject to any rules made under
this Act, the Registrar of Copyrights or any person authorised
by him in this behalf may enter any ship, dock or premises where any such
copies as are referred to in sub-section (1) may be found and may examine such
copies.
(3) All copies to which any order
made under sub-section (1) applies shall be deemed to be goods of which the
import has been prohibited or restricted 120under section 11
of the Customs Act, 1962, and all the provisions of that Act shall have effect
accordingly:
Provided that all such copies
confiscated under the provisions of the said Act shall not vest in the
Government but shall be delivered to the owner of the copyright in the work.
53A. Resale share right
in original copies - 121(1) In the case of resale for a
price exceeding ten thousand rupees, of the original copy of a painting,
sculpture or drawing, or of the original manuscript of a literary or dramatic
work or musical work, the author of such work if he was the first owner of
rights under section 17 or his legal heirs shall, notwithstanding any
assignment of copyright in such work, have a right to share in the resale price
of such original copy or manuscript in accordance with the provisions of this
section:
Provided
that such right shall cease to exist on the expiration of the term of copyright
in the work.
(2) The share referred to in
sub-section (1) shall be such as the Copyright Board may fix and the decision
of the Copyright Board in this behalf shall be final:
Provided that the Copyright Board
may fix different shares for different classes of work:
Provided
further that in no case shall the share exceed ten per cent of the resale
price.
(3) If any dispute arises regarding
the right conferred by this section, it shall be referred to the Copyright
Board whose decision shall be final.
101. Subs.
by Act 38 of 1994, s. 51.
102. Certain
words omitted by Act 65 of 1984, s. 3 (w.e.f.
8-10-1984).
103. Subs.
by Act 38 of 1994, s. 5 1
104. Ins. by
Act 38 of 1984, s. 52.
105. Ins. by
Act 38 of 1994, s. 52.
106. Ins. by
Act 38 of 1994, s. 52.
107. Subs.
by Act 23 of 1983, s. 2, for "radio-diffusion" (w.o.f. .9-8-1994).
108. Ins. by
s. 18, ibid (w.e.f. 9-8-1984).
109. Subs.
by Act 38 of 1984, s. 2, for "record".
110. Ins. by
Act 38 of 1994, s. 52.
111. Subs.
by Act 38 of 1994, s. 52.
112. Subs.
by Act 38 of 1994, s. 52
113. Subs by
Act 38 of 1994, s. 52
114. Clause
(w) omitted by Act 38 of 1994, s. 52.
115. Ins. by
Act 38 of 1994, s. 52.
116. Ins. by
Act 38 of 1994, s. 52.
117. Ins. by
Act 65 of 1984, s. 4 (w.e.f. 8-10-1984).
118. Subs.
by Act 38 of 1994, s. 2 for `record'.
119. Ins. by
Act 38 of 1994, s. 52B
120. Sub. by-Act 23 Df 1983, s. 19, for
"under section 19 of the Sea Custorns Act,
1878" (w.e.f. 9-8-
1984).
121. Ins. by
Act 38 of 1994, s. 53A.
[121A.
Ins. By Act 49 of 1999, Section 7(wef
15.1.2000)]
[121B.
Subs. By Act 49 of 1999 Section 7 for fifty years (wef
15.1.2000)]
Chapter XII
Civil Remedies
54. Definition - For
the purposes of this Chapter, unless the context otherwise requires, the
expression "owner of copyright" shall include-
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary,
dramatic, musical or artistic work, the publisher of the work, until the
identity of the author or, in the case of an anonymous work of joint
authorship, or a work of joint authorship published under names all of which
are pseudonyms, the identity of any of the authors, is disclosed publicly by
the author and the publisher or is otherwise established to the satisfaction of
the Copyright Board by that author or his legal representatives.
55. Civil remedies for
infringement of copyright -(1) 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:
Provided that 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.
(2) Where, in the case of a
literary, dramatic, musical or artistic work, a name purporting to be that of
the author or the publisher, as the case may be, appears on copies of the work
as published, or, in the case of an artistic work, appeared on the work when it
was made, the person whose name so appears or appeared 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.
(3) The costs of all parties in any
proceedings in respect of the infringement of copyright shall be in the
discretion of the court.
56. Protection of
separate rights - Subject to the provisions of this Act, where the several
rights comprising the copyright in any work are owned by different persons, the
owner of any such right shall, to the extent of that right, be entitled to the
remedies provided by this Act and may individually enforce such right by means
of any suit, action or other proceeding without making the owner of any other
right a party to such suit, action or other proceeding.
57. 122Author's
special rights - (1) Independently of the author's copyright and even after
the assignment either wholly or partially of the said copyright, the author of
a work shall have the right-
(a) to claim
authorship of the work; and
(b) to restrain or claim damages in respect of any distortion,
mutilation, modification or other act in relation to the said work which is
done before the expiration of the term of copyright if such distortion,
mutilation, modification or other act would be prejudicial to his honour or reputation:
Provided that the author shall not
have any right to restrain or claim damages in respect of any adaptation of a
computer programme to which clause (aa) of sub-section (1) of
section 52 applies.
Explanation.-Failure to display a work or to display it to the
satisfaction of the author shall not be deemed to be an infringement of the
rights conferred by this section.
(2) The right conferred upon an
author of a work by sub-section (1), other than the right to claim authorship
of the work, may be exercised by the legal representatives of the author.
58. Rights of owner against persons
possessing or dealing with infringing copies
- All infringing copies of any work in which copyright subsists, and all plates
used or intended to be used for the production of such infringing copies, shall
be deemed to be the property of the owner of the copyright, who accordingly may
take proceedings for the recovery of possession thereof or in respect of the
conversion thereof:
Provided that the owner of the
copyright shall not be entitled to any remedy in respect of the conversion of
any infringing copies, if the opponent proves-
(a) that he was not aware and had no reasonable ground to
believe that copyright subsisted in the work of which such copies are alleged
to be infringing copies; or
(b) that he had reasonable grounds for
believing that such copies or plates do not involve infringement of the
copyright in any work.
59. Restriction on
remedies in the case of works of architecture - (1) Notwithstanding
anything contained in 123the Specific Relief Act, 1963, where
the construction of a building or other structure which infringes or which, if
completed, would infringe the copyright in some other work has been commenced,
the owner of the copyright shall not be entitled to obtain an injunction to
restrain the construction of such building or structure or to order its
demolition.
(2) Nothing in section 58 shall
apply in respect of the construction of a building or other structure which
infringes or which, if completed, would infringe the copyright in some other
work.
60. Remedy in the case
of groundless threat of legal proceedings - 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 124in 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.
61. Owner of copyright
to be party to the proceeding - (1) In every civil suit or other proceeding
regarding infringement of copyright instituted by an exclusive licensee, the
owner of the copyright shall, unless the court otherwise directs, be made a
defendant and where such owner is made a defendant, he shall have the right to
dispute the claim of the exclusive licensee.
(2) Where any civil suit or other
proceeding regarding infringement of copyright instituted by an exclusive
licensee is successful, no fresh suit or other proceeding in respect of the
same cause of action shall lie at the instance of the owner of the copyright.
62. Jurisdiction of
court over matters arising under this Chapter - (1) Every suit or other
civil proceeding arising under this Chapter in respect of the infringement of
copyright in any work or the infringement of any other right conferred by this
Act shall be instituted in the district court having jurisdiction.
(2) For the purpose of sub-section
(1), a "district court having jurisdiction" shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908, or any other law for
the time being in force, include a district court within the local limits of
whose jurisdiction, at the time of the institution of the suit or other
proceeding, the person instituting the suit or other proceeding or, where there
are more that one such persons, any of them actually
and voluntarily resides or carries on business or personally works for gain.
122. Sub. by
Act 38 of 1984, s. 57.
123. Subs. by Act 23 of 1983, s. 20,
for "the Specific Relief Act, 1877" (w.e.f.
9-8-1984)
124. Subs. by s. 21, ibid., for "in section 42 of the Specific Relief Act,
1877" (w.e.f. 9;8-1984).
Chapter
XIII
Offences
63. Offence of
infringement of copyright or other rights conferred by this Act. Any person who
knowingly infringes or abets the infringement of-
(a) the copyright in a work, or
(b) any other right conferred by this
Act, 125except the right conferred by section 53A,
126shall be punishable with imprisonment for a term which shall
not be less than six months but which may extend to three years and with fine
which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that 127where
the infringement has not been made for gain in the course of trade or business
the court may, for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than six months
or a fine of less than fifty thousand rupees.
Explanation.-Construction of a building or other structure which
infringes or which, if completed, would infringe the copyright in some other
work shall not be an offence under this section.
Enhanced penalty on second and
subsequent convictions
12863A. Whoever
having already been convicted of an offence under section 63 is again convicted
of any such offence shall be punishable for the second and for every subsequent
offence, with imprisonment for a term which shall not be less than one year but
which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh
rupees:
Provided that 129where
the infringement has not been made for gain in the course of trade or business
the court may, for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than one year or
a fine of less than one lakh rupees:
Provided
further that for the purposes of this section, no cognizance shall be taken of
any conviction made before the commencement of the Copyright (Amendment) Act,
1984.
63B. Knowing use of infringing copy of
computer programme to be an offence - 130Any person who knowingly makes use
on a computer of an infringing copy of a computer programme
shall be punishable with imprisonment for a term which shall not be less than
seven days but which may extend to three years and with fine which shall not be
less than fifty thousand rupees but which may extend to two lakh
rupees:
Provided that where the computer programme has not been used for gain or in the course of
trade or business, the court may, for adequate and special reasons to be
mentioned in the judgment, not impose any sentence of imprisonment and may
impose a fine which may extend to fifty thousand rupees.
64. Power of police to
seize infringing copies - (1) 131Any 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 plates used for the purpose 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.
(2) Any person having an interest in
any copies of a work, 132or plates seized under sub-section
(1) may, within fifteen days of such seizure, make an application to the
magistrate for such copies 133or 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.
65. Possession of plates
for purpose of making infringing copies - Any person who knowingly makes,
or has in his possession, any plate for the purpose of making infringing copies
of any work in which copyright subsists shall be punishable with imprisonment
which may extend to two years and shall also be liable to fine.
66. Disposal of infringing copies or plates
for purpose of making infringing copies
- The court trying any offence under this Act may, whether the alleged offender
is convicted or not, order that all copies of the work or all plates in the
possession of the alleged offender, which appear to it to be infringing copies,
or plates for the purpose of making infringing copies, be delivered up to the
owner of the copyright.
67. Penalty for making false entries in
register, etc.,for producing
or tendering false entries - Any
person who,-
(a) makes or causes to be made a false
entry in the Register of Copyrights kept under this Act, or
(b) makes or causes to be made a
writing falsely purporting to be a copy of any entry in such register, or
(c) produces or tenders or causes to
be produced or tendered as evidence any such entry or writing, knowing the same
to be false,
shall be punishable with imprisonment which may extend to one
year, or with fine, or with both.
68. Penalty for making
false statements for the purpose of deceiving or influencing any authority or
officer - Any person who,-
(a) with a view to deceiving any
authority or officer in the execution of the provisions of this Act, or
(b) with a view to procuring or
influencing the doing or omission of anything in relation to this Act or any
matter thereunder,
makes a false statement or representation knowing the same to be
false, shall be punishable with imprisonment which may extend to one year, or
with fine, or with both.
13568A. Penalty for contravention of section 52A
- Any person who publishes a 136sound recording or a video
film in contravention of the provisions of section 52A shall be punishable with
imprisonment which may extend to three years and shall also be liable to fine.
69. Offences by
companies - (1) Where any offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge
of, and was responsible to the company for, the conduct of the business of the
company, as well as the company shall be deemed to be guilty of such offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in
this sub-section shall render any person liable to any punishment, if he proves
that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything
contained in sub-section (1), where an offence under this Act has been
committed by a company, and it is proved that the offence was committed with
the consent or connivance of, or is attributable to any negligence on the part
of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.-For the purposes of this section-
(a) "company" means any body corporate and includes a firm or other association
of persons; and
(b) "director" in relation
to a firm means a partner in the firm.
70. Cognizance of
offences - No court inferior to that of 137a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any offence
under this Act.
125. Ins. by Act 38 of 1994, s. 63.
126. Subs. by Act 65 of 1984, s. 5, for
certain words (w.e.f. 8-10-1984).
127. Ins. by Act 38 of 1994, s. 63.
128. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).
129. Ins. by Act 38 of 1994, s. 63.
130. Ins. by Act 38 of 1994, s. 63B.
131. Subs. by s. 7, ibid., for sub section (1) (w.e f.
8-10-1984).
132. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984).
133. Ins. by s. 7, ibid, (w.e.f. 8-10-1984).
134. Subs. by s. 8, ibid., for "one year, or with fine, or with both' (w.e.f. 8-10-1984).
135. Ins. by Act 65 of 1984, s. 9
(w.9.f. 8-10-1984).
136. Subs. by Act 38 of 1994, s. 2,
for `record'.
137. Subs. by Act 23 of 1983, s. 22,
for "a Presidency Magistrate or a Magistrate of the first class"
(w.e.f. 9- 8-1984). 73. The High Court may make rules consistent
with this Act as to the procedure to be followed in respect of appeals made to
it under section 72.
Chapter XIV
Appeals
71. Appeals against
certain orders of Magistrate - Any person aggrieved by an order made under
sub-section (2) of section 64 or section 66 may, within thirty days of the date
of such order, appeal to the court to which appeals from the court making the
order ordinarily lie, and such appellate court may direct that execution of the
order be stayed pending disposal of the appeal.
72. Appeals against orders
of Registrar of Copyrights and Copyright Board - (1) Any person aggrieved
by any final decision or order of the Registrar of Copyrights may, within three
months from the date of the order or decision, appeal to the Copyright Board.
(2) Any person aggrieved by any
final decision or order of the Copyright Board, not being a decision or order
made in an appeal under sub-section (1), may, within three months from the date
of such decision or order, appeal to the High Court within whose jurisdiction
the appellant actually and voluntarily resides or carries on business or
personally works for gain:
Provided
that no such appeal shall lie against a decision of the Copyright Board under
section 6.
(3) In calculating the period of
three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the
decision appealed against shall be excluded.
73. Procedure for
appeals - The High Court may make rules consistent with this Act as to the
procedure to be followed in respect of appeals made to it under section 72.
Chapter XV
Miscellaneous
74. Registrar of
Copyrights and Copyright Board to possess certain powers of civil courts - The Registrar of Copyrights and the
Copyright Board shall have the powers of a civil court when trying a suit under
the Code of Civil Procedure, 1908, in respect of the following matters,
namely:-
(a) summoning and enforcing the
attendance of any person and examining him on oath;
(b) requiring the discovery and
production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the
examination of witnesses or documents;
(e) requisitioning any public record
or copy thereof from any court or office;
(f) any other matter which may be
prescribed.
Explanation.-For the purpose of enforcing the attendance of witnesses,
the local limits of the jurisdiction of the Registrar of Copyrights or the
Copyright Board, as the case may be, shall be the limits of the territory of
India.
75. Orders for payment
of money passed by Registrar of Copyrights and Copyright Board to be executable
as a decree - Every order made by
the Registrar of Copyrights or the Copyright Board under this Act for the
payment of any money or by the High Court in any appeal against any such order
of the Copyright Board shall, on a certificate issued by the Registrar of
Copyrights, the Copyright Board or the Registrar of the High Court, as the case
may be, be deemed to be a decree of a civil court and shall be executable in
the same manner as a decree of such court.
76. Protection of action
taken in good faith - No suit or other legal
proceeding shall lie against any person in respect of anything which is in good
faith done or intended to be done in pursuance of this Act.
77. Certain persons to be public servants - Every officer appointed under this Act and every member of
the Copyright Board shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code.
78. Power to make rules
- (1) The Central Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, the Central Government may
make rules to provide for all or any of the following matters, namely:-
(a) the term of office and conditions
of service of the Chairman and other members of the Copyright Board;
(b) the form of complaints and
applications to be made, and the licences to be
granted, under this Act;
(c) the procedure to be followed in
connection with any proceeding before the Registrar of Copyrights;
(ca) 139the conditions for submission of application under
sub-section (2) of section 33;
(cb) 140the
conditions subject to which a copyright society may be registered under
sub-section (3) of section 33;
(cc) 141the inquiry for cancellation of registration under
sub-section (4) of section 33;
(cd)142
the conditions subject to which the
copyright society may accept authorisation under
clause (a) of sub-section (1) of section 34 and the conditions subject
to which owners of rights have right to withdraw such authorisation
under clause (d) of that sub-section;
(ce)143
the conditions subject to which a
copyright society may issue licences, collect fees
and distribute such fees amongst owners of rights under sub-section (3) of
section 34;
(cf) 144the manner
in which the approval of the owners of rights regarding collection and
distribution of fees, approval for utilisation of any
amount collected as fees and to provide to such owners information concerning
activities in relation to the administration of their rights under sub-section
(1) of section 35;
(cg) 145the returns to be filed by copyright societies to the
Registrar of Copyrights under sub-section (1) of section 36;
(d) the manner of determining any
royalties payable under this Act, and the security to be taken for the payment
of such royalties;
(da) 146the manner of payment of royalty under clause (j) of
sub-section (1) of section 52;
(db) 147the form and the manner in which the copyright society shall
maintain accounts and other relevant records and prepare annual statements of
accounts and the manner in which the quantum of remuneration is to be paid to
individual owner of rights under sub-section (1) of section 52B.
(e) the form of Register of Copyrights
to be kept under this Act and the particulars to be entered therein;
(f) the matters in respect of which
the Registrar of Copyrights and the Copyright Board shall have powers of a
civil court;
(g) the fees which may be payable
under this Act;
(h) the regulation of business of the
Copyright Office and of all things by this Act placed under the direction or
control of the Registrar of Copyrights.
(3) 148Every rule
made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that
rule.
Repeals, savings, and transitional
provisions
79.-(1) The Indian Copyright Act, 1914, and the Copyright Act
of 1911 passed by the Parliament of the United Kingdom as modified in its
application to India by the Indian Copyright Act, 1914, are hereby repealed.
(2) Where any person has, before the
commencement of this Act, taken any action whereby he has incurred any
expenditure or liabilities in connection with the reproduction or performance
of any work in a manner which at the time was lawful or for the purpose of or
with a view to the reproduction or performance of a work at a time when such
reproduction or performance would, but for the coming into force of this Act,
have been lawful, nothing in this section shall diminish or prejudice any
rights or interests arising from or in connection with such action which are
subsisting and valuable at the said date, unless the person who, by virtue of
this Act, becomes entitled to restrain such reproduction or performance agrees
to pay such compensation as, failing agreement, may be determined by the
Copyright Board.
(3) Copyright shall not subsist by
virtue of this Act in any work in which copyright did not subsist immediately
before the commencement of this Act under any Act repealed by sub-section (1).
(4) Where copyright subsisted in any
work immediately before the commencement of this Act, the rights comprising
such copyright shall, as from the date of such commencement, be the rights
specified in section 14 in relation to the class of works to which such work
belongs, and where any new rights are conferred by that section, the owner of
such rights shall be-
(a) in any case where copyright in the
work was wholly assigned before the commencement of this Act, the assignee or
his successor-in-interest;
(b) in any other case, the person who
was the first owner of the copyright in the work under any Act repealed by
sub-section (1) or his legal representatives.
(5) Except as otherwise provided in
this Act, where any person is entitled immediately before the commencement of
this Act to copyright in any work or any right in such copyright or to an
interest in any such right, he shall continue to be entitled to such right or
interest for the period for which he would have been entitled thereto if this
Act had not come into force.
(6) Nothing contained in this Act
shall be deemed to render any act done before its commencement an infringement
of copyright if that act would not otherwise have constituted such an
infringement.
(7) Save as otherwise provided in
this section, nothing in this section shall be deemed to affect the application
of the General Clauses Act, 1897, with respect to the effect of repeals.
* Short title
Entry into force (of last amending Act):
January 15, 2000.
Source: Communication from the Indian authorities.
139. Ins. by Act 38 of 1994, s.
78(2).
140. Ins. by Act 38 of 1994, s.
78(2).
141. Ins. by Act 38 of 1994, s.
78(2).
142. Ins. by Act 38 of 1994, s.
78(2).
143. Ins. by Act 38 of 1994, s.
78(2).
144. Ins. by Act 38 of 1994, s.
78(2).
145. Ins. by Act 38 of 1994, s.
78(2).
146. Ins. by Act 38 of 1994, s.
78(2).
147. Ins. by Act 38 of 1994, s.
78(2).
148. Subs. by Act 23 of 1983, s. 23,
for sub-section (3) (w.e.f. 9-8-1984).