(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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: 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 periodical; 2[* * *]
(iv) in relation to a musical work, any arrangement or transcription of the work; 3[and
(v) in relation to any work, any use of such work involving its re-arrangement or alteration;]
(b) 4["work of architecture"] means any building or structure having an artistic character or design, or any model for such building or structure;
(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 4[work of architecture]; 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) in relation to a photograph, the person taking the photograph;
4[(v) in relation to a cinematograph film or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]
5[(dd) "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 lst day of January;
4[(f) "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;]
4[(ff) "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) "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) "computer" includes any electronic or similar device having information processing capabilities;
(ffc) "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) "copyright society" means a society registered under sub-section (3) of section 33;]
(g) "delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or by 6[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;
7(hh)"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 licencees 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;
8[(l) "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;]
4[(m) "infringing copy" means,-
(i) in relation to 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 of sound recording is made or imported in contravention of the provisions of this Act.]
(n) "lecture" includes address, speech and sermon;
4[(o) "literary work" includes computer programmes, tables and compilations including computer 9[databases];
(p) "musical work" means a work consisting of music and includes any graphical notation of such work but does not include any works or any action intended to be sung, spoken or performed with the music;
(q) "performance", in relation to performer's right, means any visual or acoustic presentation made live by one or more performers;]
3[(qq) "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) 2[* * *]
(s) "photograph" includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinema to graph film;
(t) "plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, 7[, 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 which 10[sound recording] for the acoustic presentation of the work are or are intended to be made;
(u) "prescribed" means prescribed by rules made under this Act;
3[(uu) "producer", in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;]
(v) 11[***]
(w) 2[***]
4[(x) "reprography" means the making of copies of a work, by photocopying or similar means;
(xx) "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 10[sound 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.
SECTION 03: 4[MEANING OF PUBLICATION
For 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.]
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.
SECTION 05: 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.
SECTION 06: 4[CERTAIN DISPUTES TO BE DECIDED BY COPYRIGHT BOARD
If 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.]
SECTION 07: 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.
SECTION 08: 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) 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.
SECTION 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.
SECTION 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 4[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 of 2[* * *] 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.
SECTION 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 (37 of 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:
3[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:
4[PROVIDED that where there is no such majority, the opinion of the Chairman shall prevail.]
(4) 12[The 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 of 13[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)] 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 (45 of 1860).
(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) 10[sound recording].
(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 12[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 12[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 any 10[sound recording] made in respect of a literary, dramatic or musical work, if in making the 10[sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a 10[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 10[sound recording] is made.
(5) In the case of a 4[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.
SECTION 14: 4[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);
14[(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.]
SECTION 15: SPECIAL PROVISION REGARDING COPYRIGHT IN DESIGNS REGISTERED OR CAPABLE OF BEING REGISTERED UNDER THE 15[* * *] DESIGNS ACT, 1911
(1) copyright shall not subsist under this Act in any design which is registered under the 15[* * *] Designs Act, 1911 (2 of 1911).
(2) Copyright in any design, which is capable of being registered under the Designs Act, 1911 (2 of 1911), but which has not been so registered, shall cease as soon as any article to which the design has been applied has been produced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.
SECTION 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.
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 insofar 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 provisions 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;
5[(cc) in 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;
5[(dd) in 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 (1 of 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.
SECTION 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 become 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.
SECTION 19: MODE OF ASSIGNMENT
16[(1)] No 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.
4[(2) The 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) The 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) Where 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) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
(7) Nothing 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.]
SECTION 19A: 4[DISPUTES 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.]
SECTION 20: TRANSMISSION OF COPYRIGHT IN MANUSCRIPT BY TESTAMENTARY DISPOSITION
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 insofar 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.
SECTION 21: RIGHT OF AUTHOR TO RELINQUISH COPYRIGHT
(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).
SECTION 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 17[sixty] 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.
SECTION 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 17[sixty] 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 17[sixty] 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.
SECTION 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 17[sixty] years from the beginning of the calendar year next following the 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 10[sound recording] made in respect of the work have been sold to the public or have been offered for sale to the public.
SECTION 25: TERM OF COPYRIGHT IN PHOTOGRAPHS
In the case of a photograph, copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the photograph is published.
SECTION 26: TERM OF COPYRIGHT IN CINEMATOGRAPH FILMS
In the case of cinematograph film, copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the film is published.
SECTION 27: TERM OF COPYRIGHT IN 10[SOUND RECORDING]
In the case of a 10[sound recording], copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the 10[sound recording] is published.
SECTION 28: TERM OF COPYRIGHT IN GOVERNMENT WORKS
In the case of government work, where government is the first owner of the copyright therein, copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the work is first published.
SECTION 28A: TERM OF COPYRIGHT IN WORKS OF PUBLIC UNDERTAKINGS
In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until 17[sixty] years from the beginning of the calendar year next following the year in which the work is first published.
SECTION 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 17[sixty] years from the beginning of the calendar year next following the year in which the work is first published.
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.
SECTION 30A: 3[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.]
SECTION 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 re-publish or allow the re-publication 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 6[broadcast], of such work or the case of a 10[sound recording] the work recorded in such 10[sound 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 17[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 10[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.
5[SECTION 31A: COMPULSORY LICENCE IN UNPUBLISHED INDIAN WORKS
(1) Where, in the case of an Indian work referred to in sub-clause (iii) of clause (1) 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 Copyright 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.]
SECTION 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 5[after a period of seven years from the first publication of the work.]
5[(1A) Not with standing 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 18[application 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 13[the 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 Indian 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:]
19[PROVIDED 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, 13[within 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 13[he 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 13[such authorisation by registered air mail 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 13[such application];
13[(cc) a 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[(5) Any 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 for 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) insofar 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.]
SECTION 32A: 5[LICENSE TO REPRODUCE AND PUBLISH WORKS FOR CERTAIN PURPOSES
(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 be 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 refereed 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 the 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.]
(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 or 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 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.
SECTION 34: ADMINISTRATION 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 copyrights 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.
SECTION 34A: PAYMENT 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.
SECTION 35: CONTROL OVER THE COPYRIGHT SOCIETY BY THE OWNER OF RIGHTS
(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.
SECTION 36: SUBMISSION OF RETURNS AND REPORTS
(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.
SECTION 36A: RIGHTS AND LIABILITIES OF PERFORMING RIGHTS SOCIETIES
Nothing 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) 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 broadcasts; 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.]
SECTION 38: 4[PERFORMER'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 20[fifty 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.]
SECTION 39: 4[ACTS 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.
SECTION 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.]
SECTION 40: POWER TO EXTEND COPYRIGHT TO FOREIGN WORKS
The Central Government may, by order 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 foreign country has made, or has undertaken to make, such provision, 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.
SECTION 40A: 21[POWER OF CENTRAL GOVERNMENT TO APPLY CHAPTER VIII TO BROADCASTING ORGANISATIONS AND PERFORMERS IN CERTAIN OTHER COUNTRIES
(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 were 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.]
SECTION 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 order 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.
SECTION 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.
SECTION 42A: 21[POWER TO RESTRICT RIGHTS OF FOREIGN BROADCASTING ORGANISATIONS AND PERFORMERS
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 of 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.]
SECTION 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.
CHAPTER X : REGISTRATION OF COPYRIGHT
SECTION 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.
SECTION 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:
5[PROVIDED 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 (43 of 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.
SECTION 46: INDEXES
There shall be also kept at the copyright office such indexes of the register of copyrights as may be prescribed.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
Every 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.]
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 this Act conferred upon the owner of the copyright; or
4[(ii) permits 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) imports 22[* * *] into India,
any infringing copies of the work:
4[PROVIDED 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".
SECTION 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 3[not being a computer programme] for the purposes of-
4[(i) private use, including research;]
(ii) criticism or review, whether of that work or of any other work;
3[(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;]
21[(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 6[broadcast] or in a cinematograph film or by means of photographs.
5[Explanation: 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) by a teacher or a pupil in the course of instruction; or
(ii) as part of the questions to be answered in an examination; or
(iii) in 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 10[sound 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 3[or the communication to such an audience of a cinematograph film or sound recording];
4[(j) the 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) the 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 23[sixty 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 judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement 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;
4[(s) the 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 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;
(w) 2[* * *]
(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 acknowledgement-
(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 acknowledgement of his name should be made, also identifying the author;
3[(z) the 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) the 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.
7[52A. Particulars to be included in 10[Sound recordings] and video films
(1) No person shall publish a 10[sound recording] in respect of any work unless the following particulars are displayed on the 10[sound recording] and on any container thereof, namely,-
(a) the name and address of the person who has made the 10[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 (37 of 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 copy right in such work.]
(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.]
SECTION 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 24[under section 11 Customs Act, 1962 (51 of 1962),] and all the provisions of the 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.
(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.]
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.
SECTION 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.
SECTION 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 proceeding.
SECTION 57: AUTHOR'S SPECIAL RIGHTS
4[(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.
SECTION 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.
SECTION 59: RESTRICTION ON REMEDIES IN THE CASE OF WORKS OF ARCHITECTURE
(1) Not with standing anything contained in 25[the Specific Relief Act, 1963 (47 of 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.
SECTION 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 26[in section 34 of the Specific Relief Act, 1963 (47 of 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.
SECTION 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 actions shall lie at the instance of the owner of the copyright.
SECTION 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, not with standing anything contained in the Code of Civil Procedure, 1908 (5 of 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 than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.
SECTION 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, 3[except the right conferred by section 53A],
27[shall 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 3[where 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 judgement, 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.
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 3[where 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 judgement, 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 cognisance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]
3[63B. Knowing use of infringing copy of computer programme to be an offence
Any 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 judgement, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.]
SECTION 64: POWER OF POLICE TO SEIZE INFRINGING COPIES
4[(1) Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all 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, 7[or plates] seized under sub-section (1) may, within fifteen days of such seizure, make an application to the magistrate for such copies 7[or plates] being restored to him and the magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.
SECTION 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 27[two years and shall also be liable to fine.]
SECTION 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 it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright.
SECTION 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.
SECTION 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 there under,
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.
Any person who publishes a 10[sound 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.]
SECTION 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.
SECTION 70: COGNISANCE OF OFFENCES
No court inferior to that of 28[a Metropolitan Magistrate or a Judicial Magistrate of a the First Class] shall try any offence under this Act.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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 (5 of 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 10[sound recording] or copy there of 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.
SECTION 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.
SECTION 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.
SECTION 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 (45 of 1860).
SECTION 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;
3[(ca) the conditions for submission of application under sub-section (2) of section 33;
(cb) the conditions subject to which a copyright society may be registered under sub-section (3) of section 33;
(cc) the inquiry for cancellation of registration under subsection (4) of section 33;
(cd) 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) 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) the 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) the 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;
29[(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52;
(db) the 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[(3) Every 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.]
SECTION 79: REPEAL, SAVING AND TRANSITIONAL PROVISIONS
(1) The Indian Copyright Act, 1914 (3 of 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 (3 of 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 production 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 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 (10 of 1897), with respect to the effect of repeals.
1 21st. January, 1958, vide Notification No. SRO 269, Gazette of India, Ext. Part II, s. 3(ii), p, 167.
2 Omitted by Act No.38 of 1994, w.e.f. 10th. May, 1995.
3 Inserted by Act No. 38 of 1994, w.e.f. 10th. May, 1995.
4 Substituted by Act No. 38 of 1994, w.e.f. 10th. May, 1995.
5 Inserted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
6 Substituted for the words "radio-diffusion" by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
7 Inserted by Act No. 65 of 1984, w.e.f. 8th. October, 1984.
8 Earlier clause (1) substituted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
9 Substituted for the words "data basis" by the Copyright (Amendment) Act 49 of 1999, dated 30th. December, 1999.
10 Substituted by Act No. 38 of 1994, for the word "records", w.e.f. 10th. May, 1995.
11 Omitted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
12 Substituted by Act No. 38 of 1994, for the words "the Copyright Board", w.e.f. 10th. May, 1995.
13 Substituted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
14 Substituted by the Copyright (Amendment) Act, 1999.
15 The words "Indian Patents and" omitted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
16 Section 19 re-numbered as sub-section (1) thereof by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
17 Substituted by Act No. 13 of 1992, for the word "fifty", w.e.f. 28th. December, 1991.
18 Substituted by Act No. 23 of 1983, for the words "such application", w.e.f. 9th. August, 1984.
19 Substituted by Act No. 23 of 1983, for the words "Provided that no such licence", w.e.f. 9th. August, 1984.
20 Substituted for the words "twenty-five years" by the Copyright (Amendment) Act 49 of 1999, dated 30th. December, 1999.
21 Inserted by the Copyright (Amendment) Act 49 of 1999, dated 30th. December, 1999.
22 Omitted by Act No. 65 of 1984, w.e.f. 8th. October, 1984.
23 Substituted for the words "fifty years" by the Copyright (Amendment) Act 49 of 1999, dated 30th. December, 1999.
24 Substituted by Act No. 23 of 1983, for the words and figures 'under section 19 of the Sea Customs Act, 1878', w.e. f. 9th. August, 1984.
25 Substituted by Act No. 23 of 1983, for the words 'the Specific Relief Act, 1877', w.e.f. 9th. August, 1984.
26 Substituted by Act No. 23 of 1983, for the words 'in section 42 of the Specific Relief Act, 1877', w.e.f. 9th. August, 1984.
27 Substituted by Act No. 65 of 1984, w.e.f. 8th. October, 1984.
28 Substituted by Act No. 23 of 1983, for the words 'a Presidency Magistrate or a Magistrate of the first class', w.e.f. 9th. August, 1984.
29 Substituted by Act No. 23 of 1983, for sub-section (3), w.e.f. 9th. August, 1984.
COPYRIGHT RULES, 1958
CHAPTER 01: PRELIMINARY
RULE 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(l)These rules may be called the Copyright Rules, 1958.
(2) They extend to the whole of India.
(3) They shall come into force on the date on which the Act comes into forcee.2
RULE 02: INTERPRETATION
In these rules, unless the context otherwise requires,- (a) "Act" meansthe Copyright Act, 1957 (14 of 1957)-;
3[(aa) "copyright business" means the business of issuing or granting licence in respect of any class of works in which copyright or any other right conferred by the Act subsists, and includes the functions referred to in sub-section (3) of section 34-;]
(b) "Form" means a form set out in the First Schedule;
(c) "Schedule" means Schedule to these rules; and
(d) "Section" means a section of the Act.
CHAPTER 02: THE COPYRIGHT BOARD
RULE 03: TERMS AND CONDITIONS OF OFFICE OF THE CHAIRMAN AND MEMBERS OF THE COPYRIGHT BOARD
(1) The Chairman and other members of the Copyright Board shall be appointed for such period not exceeding five years as the Central Government may in each case deem fit.
(2) The Chairman and other members of the Copyright Board shall, on the expiry of the period of their appointment, be eligible for re-appointment.
(3) The Chairman or any other member of the Copyright Board may resign his office by giving three months' notice in writing to the Central Government.
(4) The Chairman and other members of the Copyright Board shall be paid such salary or honorarium as may be determined by the Central Government in each case.
(5) A non-official appointed as the Chairman or other members of the Copyright Board shall be entitled to travelling allowances for journeys performed on duty and to daily allowances for the period on duty on the scale provided in the rules applicable to the class of officers to which the Central Government may declare him to correspond in status: Provided that it shall be competent for the Central Government to provide a different scale of such allowances if the circumstances of any case so require.
(6) An official appointed as the Chairman or other members of the Copyright Board shall be entitled to such travelling allowances for journeys performed on duty and to such daily allowances for the period spent on duty as may be admissible to him as such official.
(7) The other conditions of service of the Chairman and other members of the Copyright Board shall be regulated by orders made in that bahalf by the Central Government from time to time.
RULE 04: FUNCTIONS OF THE SECRETARY OF THE COPYRIGHT BOARD
The registrar of Copyrights shall perform all secretarial functions relating to the Copyright Board under the direction and control of the Chairman of the Copyright Board.
CHAPTER 03: RELINQUISHMENT OF COPYRIGHT
RULE 05: NOTICE OF RELINQUISHMENT
The author of a work desiring to relinquish undersection 21-all or any of the rights comprised in the copyright in the work shall give notice to the Regisrar of Copyright in accordance with Form 1.
CHAPTER 04: LICENCES FOR TRANSLATIONS
RULE 06: APPLICATION FOR LICENCE
(l)An application for a licence undersection 32-to produce and publish a translation of a literary or dramatic work in any language shall be made in triplicate in accordance with Form 11 and shall be accompanied by the fee prescribed in Second Schedule.
(2) Every such application shall be in respect of one work only and for translation of that work into one language only.
RULE 07: NOTICE OF APPLICATION
(1) When any such application has been made, the Copyright Board shall, as soon as possible, give notice of the application in the Official Gazette and also, if the Copyright Board thinks fit, in one or two newspapers and shall send a copy of the notice to the owner of the Copyright, wherever practicable.
(2) Every such notice shall contain the following particulars :
(a) the date of the application;
(b) the name, address and nationality of the applicant;
(c) particulars of the work which is to be translated;
(d) the date and country of the first publication of the work;
(e) the name, address and nationality of the owner of the Copyright as stated in the application;
(f) the language in which the work is to be translated; and
(g) the Registration number of the work in the Register of Copyrights, if any.
RULE 08: CONSIDERATION OF THE APPLICATION
(1) The Copyright Board shall consider the application after the expiry of not less than one hundred and twenty days from the date of the publication of the notice in the Official Gazette.
(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable to any person claiming any interest in the Copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.
(3) If more than one application for translation of the work in the same language is pending before the Copyright Board at the expiry of one hundred and twenty days after the publication in the Official Gazette of the notice of the application first received, all such applications shall be considered together.
(4) If the Copyright Board is satisfied that the licence for a translation of the work in the language applied for may be granted to the applicant or, if there are more applicants than one to such one of the applicants as, in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a licence accordingly.
(5) Every such licence shall be subject to the condition provided in sub-section (4) ofsection 32- relating to the payment of royalties and shall specify-
(a) the period within which the translation shall be produced and published;
(b) the language in which the translation shall be produced and published;
(c) the rate at which royalties in respect of the copies of the translation of the work sold to the public shall be paid to the owner of the copyright in the work; and
(d) the person or persons to whom such royalties shall be payable.
(6) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and in the newspapers, if any, in which the notice underrule 7-was published and a copy of the licence shall be sent to the other parties concerned.
RULE 09: MANNER OF DETERMINING ROYALTIES
The Copyright Board shall determine the royalties payable to the owner of the copyright under subsection
(4) ofsection 32-after taking into consideration-
(a) the proposed retail price of a copy of the translation of the work;
(b) the prevailing standards of royalties in regard to translation of works; and
(c) such other matters as may be considered relevant by the Copyright Board.
RULE 10: EXTENSION OF THE PERIOD OF LICENCE
The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation within the period specified in the licence, extend such period.
RULE 11: CANCELLATION OF LICENCE
The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds, namely:-
(a) that the licensee has failed to produce and publish the translation within the time specified in the licence or within the time extended on the application of the licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any of the terms and conditions of the licence.
CHAPTER 04A: COMPULSORY LICENCE FOR PUBLICATION OF UNPUBLISHED WORKS, TRANSLATION AND REPRODUCTION OF WORK
RULE 11A: APPLICATION FOR LICENCE
An application for a licence undersection 31 A-, sub-section (IA) ofsection 32-andsection 32A-to publish any unpublished work or to translate any work in any language or to reproduce any published work shall be made in triplicate in accordance with Form II-A and shall be accompanied by the fee prescribed in the Second Schedule.
RULE 11B:
Every such application shall be in respect of one work only and in respect of translation of a work into one language only.
RULE 11C: NOTICE OF APPLICATION
(1)A copy of such application shall be served by registered mail on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served on the publisher whose name appears on the work.
(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.
(3) If more than one app ilication for translation of the work in the same language or for reproduction of the wo rk or for publication of any unpublished work is pending before the Copyright Board, all such applications shall be considered together.
(4) If the Copyright Be ®ard is satisfied thatthe licence for a translation of the work in the language or for repr eduction of the work or for publication of unpublished work, applied for may be gi -anted to the applicant, or if there are more applicants than one, to such one of the applicants, as in the opinion of the Copyright Board, would best serve the interest of the general public, it shall grant a licence accordingly.
(5) Every such licence shall be subject to the conditions provided in sub-section (7) ofsection 31A-, clause (i) of sub-section (4) ofsection 32-and clause (;) of sub-section (4) ofsection 32Arelating to payment of royalties and shall specify :-
(a) the period within which such work shall be published;
(b) the rate at which royalties in respect of the copies of such work sold to the public shall be paid to the owner of the copyright in the work;
(c) in a case of translation of the work, the language in which the translation shall be produced and published; and
(d) the person or persons to whom such royalties shall be payable.
(6) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and a copy of the licence shall be sent to the other parties concerned.
RULE 11D: MANNER OF DETERMINING ROYALTIES
The Copyright Board shall determine the royalties payable to the owner of the copyright under subsection (7) ofsection 31 A-, clause (i) of sub-section (4) ofsection 32-and clause (i) of sub-section (4) ofsection 32A-after taking into consideration:
(a) the proposed retail price of a copy of such work;
(b) the prevailing standards of royalties in regard to such works; and
(c) such other matters as may be considered relevant by the Copyright Board.
RULE 11E: EXTENSION OF THE PERIOD OF LICENCE
The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or reproduce the work or publish the unpublished work within the period specified in the licence, extend such period.
RULE 11F: CANCELLATION OF LICENCE
The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds, namely:-
(a) that the licensee has failed to produce and publish such work within the time specified in the licence or within the time extended on the application of the licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any of the terms and conditions of the licence.
RULE 11G: NOTICE FOR TERMINATION OF LICENCE
Notice for termination of licence under proviso to sub-section (1) or sub- section (2) ofsection 32-Bshall be served on the person holding the licence by the owner of copyright in Form II-B of the First Schedule to these rules.]
CHAPTER 05: COPYRIGHT SOCIETIES
RULE 12: CONDITIONS FOR SUBMISSION OF APPLICATIONS FOR REGISTRATION OF COPYRIGHT SOCIETIES
(1) Any association of persons, whether incorporated or not, comprising seven or more owners of copyright (hereinafter referred to as "the applicant") formed for the purpose of carrying on the business of issuing or granting licences in respect of any class of works in which copyright subsists or in respect of any other right conferred by the Act may file with the Registrar of Copyrights an application in Form II-C for submission to the Central Government for grant of permission to carry on such business and for its registration as a copyright society.
(2) An application under sub-rule (1) shall be signed by all the members of the governing body (by whatever name called) and the chief executive of the applicant (who need not be a member of the applicant).
RULE 13: APPLICATION FOR REGISTRATION BY PERFORMING RIGHT SOCIETIES
A performing right society functioning in accordance with the provisions ofsection 33-on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) and desirous of carrying on the business as a copyright society under the Act shall submit an application in Form II-C to the Registrar of Copyrights as early as possible but not later than ten months from the date of commencement of the said Act.
RULE 14: CONDITIONS FOR GRANT OF PERMISSION TO CARRY ON COPYRIGHT BUSINESS
An applicant including a performing right society referred to inrule 13-for registration of it as a copyright society shall not be eligible to be considered for such registration unless-
(i) the instrument by which the applicant is established or incorporated creates a commitment on it to deal with only copyright business and other activities ancillary thereto; and
(ii) the applicant is willing to comply with the provisions of the Act and the rules made thereunder.
RULE 14A: DOCUMENTS ACCOMPANYING APPLICATIONS
Every application made underrule 12-orrule 13-shall be accompanied by-
(a) a true copy of the instrument by which the applicant is established or incorpo- rated ;
(b) the consent in writing of the individuals named in the application to act as members of the governing body (by whatever name called) of the applicant;
(c) a declaration containing the objectives of the applicant, the bodies through which it will function and arrangements for accounting and auditing;
(d) an undertaking to the effect that the instrument by which the application is established or incorporated provides for conforming the same to the provisions of the Act and these rules.
RULE 14B: CONDITIONS FOR REGISTRATION OF A COPYRIGHT SOCIETY
(1) When an application for registration is submitted to the Central Government through the Registrar of Copyrights, that Government may, within sixty days from the date of its receipt by the Registrar of Copyrights either register the applicant as a copyright society or, if -
(i) the applicant has no professional competence to carry on its business or has not sufficient funds to manage its affairs; or
(ii) there exists another copyright society registered under the Act for administering the same class of works and it is functioning well; or
(iii) the Central Government has reason to believe that the members of the applicant are not bona fide copyright owners or they have not voluntarily signed the instrument setting up the applicant and the application for registration ; or
(iv) the application is found to be incomplete in any respect, reject the application : Provided that no such application shall be rejected without giving the applicant an opportunity of being heard.
(2) Upon the registration of a copyright society by the Central Government, the Registrar of Copyrights shall issue a certificate of registration in Form II-D under his hand and seal.
(3) On and from the date of its registration as specified in the certificate of registration, the copyright society shall be entitled to commence and carry on the permitted copyright business in the name by which it has been so registered.
RULE 14C: PROCEDURE FOR HOLDING INQUIRY
If the Central Government, on a complaint of the Registrar of Copyrights or of any owner of rights, has reason to believe that a copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned, it may, after making an inquiry in the following manner, cancel or suspend the registration of the copyright society made under these rules, namely :-
(i)The Central Government shall provide a copy of the complaint to the society and require the society to submit within such time as may be specified by the Central Government a written statement of its defence and to state whether it desires to be heard.
(ii) If, after considering the written statement furnished by the society, the Central Government is satisfied that a prima fade case is established, it shall order an inquiry into the allegations and appoint an inquiry officer not below the rank of a Deputy Secretary to the Government of India for holding the inquiry.
(iii) On being appointed as such, the inquiry officer shall conduct the inquiry having regard to the principles of natural justice.
(iv) The inquiry officer may, if he considers it necessary, engage a chartered accoun- tant or an audit officer in the office of the Comptroller and Auditor-General of India to assist him in the inquiry. The concerned copyright society shall render all assistance and shall make available all such documents as may 'be called for by the inquiry officer to enable him to complete the inquiry within a period of three months or such further time as may be allowed by the Central Government.
(v) If, according to the findings of the inquiry officer, the complaints against the copyright society are found to be true or if the society fails to cooperate with the inquiry officer, the Central Government shall cancel the registration of the copyright society.
RULE 14D: SUSPENSION OF REGISTRATION AND APPOINTMENT OF ADMINISTRATOR
If, pending inquiry under sub-section (4) of section 33-, the Central Government is of the opinion that in the interests of the owners of rights concerned, it is necessary so to do, it may, by order, suspend the registration of the society for a period not exceeding one year, as may be specified in that order and shall appoint an administrator to discharge the functions of the copyright society.
RULE 14E: POWERS AND FUNCTIONS OF THE ADMINISTRATOR
(1) On appointment of the administrator referred to inrule 14D-under sub- section (5) ofsection 33-, all powers of the copyright society shall vest in him and all other representative bodies or committees of the copyright society other than the general body shall stand dissolved.
(2) The administrator shall, within six months before the expiry of the period of suspension, arrange election for reconstituting the dissolved bodies failing which, the bodies so superseded shall stand revived at the end of the period of suspension for their remaining term, excluding the period of suspension.
RULE 14F: CANCELLATION OF REGISTRATION OF A COPYRIGHT SOCIETY
The registration of a copyright society as such may be cancelled by the Central Government if -
(a) any of the particulars furnished in the application for registration is, at any time, found to be untrue or incorrect and misleading in any manner;
(b) after holding an inquiry by an officer duly appointed by the Central Government and giving the copyright society a reasonable opportunity of being heard, the Central Government is satisfied that the copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned or if the copyright society persistently fails to manage its affairs properly or if it persistently fails to properly maintain its accounts and get them audited or it utilises its funds for purposes other than the copyright business.
RULE 14G: CONDITIONS SUBJECT TO WHICH A COPYRIGHT SOCIETY MAY ACCEPT AUTHORISATION AND AN OWNER OF RIGHTS MAY WITHDRAW SUCH AUTHORISATION
(1)A copyright society may accept from an owner of rights or his duly authorised agent, exclusive authorisation to administer any right in a work if such owner or such agent enters into an agreement, in writing, with the copyright society specifying the rights to be administered, the duration for which such rights are authorised to be administered, the quantum of fees agreed to and the frequency at which such fees shall be paid by the copyright society in accordance with its Scheme of Tariff and Distribution.
(2) The owner of copyrights shall, without prejudice to the rights under the agreement and subject to the condition of a prior notice of sixty days, be free to withdraw such authorisation in case the copyright society fails to fulfil its commitments as laid down in the agreement.
RULE 14H: CONDITIONS SUBJECT TO WHICH A COPYRIGHT SOCIETY MAY ISSUE LICENCES, COLLECT FEES AND DISTRIBUTE SUCH FEES
(1)A copyright society may issue licences and collect fees in accordance with its Scheme of Tariff in relation to only such works as it has been authorised to administer in writing by the owners of rights and for the period for which it has been so authorised.
(2) The distribution of fees collected shall be subject to a deduction not exceeding fifteen per cent of the collection on account of administrative expenses incurred by the copyright society.
RULE 14I: PROCEDURE FOR OBTAINING APPROVAL OF OWNERS OF RIGHTS FOR COLLECTION AND DISTRIBUTION OF FEES, ETC
Every copyright society shall maintain the following registers at its registered or administrative office:
(i) A register of owners of copyright and other rights to be called the "Register of Owners" in respect of which the copyright soci
(ii) A register to be called the "Register of Agreements" containing a copy of every agreement entered into by the copyright society with the owners for the purpose.
(iii) A register to be called the "Register of Fees" containing particulars of fees and mentioning the name of persons or organisations from whom the fees have been realised, the amount so realised and the date of realisation.
(iv) A register to be called the "Disbursement Register" containing details of disbursements made to each owner of copyright, category-wise, mentioning the name of the owner, nature of his copyright and the date and amount of disbursement made to him.
RULE 14J: TARIFF SCHEME
As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame a scheme of tariff to becalled the "Tariff Scheme" setting out the nature and quantum of fees or royalities which it proposes to collect in respect of such copyright or other rights administered by it.
RULE 14K: DISTRIBUTION SCHEME
(1) As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame a scheme to be called the "Distribution Scheme" setting out the procedure for collection and distribution of the fees or royalities specified in the Tariff Scheme among the owners of copyright or other rights whose names are borne on its Register of Owners [maintained under clause (;) ofrule 14-I-] for the approval of such owners.
(2) Any distribution under the Distribution Scheme shall, as far as possible, be in proportion to the income of the copyright society from actual use of the work or works of each owner of rights.
RULE 14L: MEETING OF A COPYRIGHT SOCIETIES
(1) As soon as the Tariff Scheme and the Distribution Scheme have been prepared, the copyright society shall call a general meeting of the owners of rights whose names are recorded in the Register of Owners to approve the same.
(2) A notice of not less than twenty-one clear days shall be given to every such owner of rights of the meeting and a copy each of the proposed Tariff Scheme and Distribution Scheme shall be annexed to the notice.
(3) The notice under sub-rule (2) shall specify that any owner of rights who objects to the Tariff Scheme or Distribution Scheme shall be entitled to withdraw the authorisation given to the copyright society to administer any right in his work.
(4) The copyright society shall keep a record of the owners of rights who have given their approval and those who have objected thereto.
(5) Approval by owners of rights for the Scheme shall be by a majority of such owners present in person.
(6) The quorum for a general meeting shall be one-third of the members.
(7) The copyright society shall not amend an approved Tariff Scheme or Distribution Scheme except with the consent of the owners obtained at a subsequent general meeting called for the purpose.
RULE 14M: ACCOUNTS AND AUDIT
(1) Every copyright society shall maintain proper accounts of the fees and royalties collected in a financial year, payments made out of such collections to the owners of rights and other expenditure incurred for meeting administrative expenses and related matters with the approval of the owners of rights: Provided that a copyright society shall not spend more than fifteen per cent of its collection towards its administrative expenses.
(2) Every copyright society shall get its accounts audited by a chartered accountant annually.
RULE 14N: ANNUAL GENERAL MEETING OF OWNERS OF RIGHTS
(1) Every copyright society shall, within a period of twelve months from the holding of a meeting in pursuance of sub-rule (1) ofrule 14L-, hold a general meeting of owners of rights, herein called the annual general meeting of owners : Provided that a special meeting of the owners of rights may also be held, if considered necessary.
(2) The meeting of owners of rights shall be held in the town or city in which its registered or administrative office is situated and the notice calling the meeting shall specify the time, date and address of the venue of the meeting.
RULE 14O: DOCUMENTS TO BE PRESENTED IN THE ANNUAL GENERAL MEETING OF OWNERS OF RIGHTS
Every copyright society shall place before its annual general meeting the following documents, namely :-
(i) an up-to-date list of the owners of rights, their names and addresses as recorded in the Register of Owners maintained by the copyright society, as provided in sub- rule (1) ofrule 14-I-;
(ii) audited accounts of the society for the previous year;
(iii) the Tariff Scheme ;
(iv) the Distribution Scheme ;
(v) a statement approved by its governing body (by whatever name called) setting out a full and detailed account of all its activities during the previous years; and
(vi) details of budget estimates for the succeeding year and a programme of action for the succeeding year.
RULE 14P: RETURNS TO BE FILED BY THE COPYRIGHT SOCIETIES WITH THE REGISTRAR OF COPYRIGHTS
Every copyright society shall file a return called the annual return with the Registrar of Copyrights within one month from the conclusion of each annual general meeting of owners setting out the following details, namely :-
(i) the date of the annual meeting of owners held immediately preceding the filing of the annual return, the number of owners who attended the meeting in person or by proxy, and the minutes of such meeting ;
(ii) the up-to-date list of the owners of rights, their names and addresses as recorded in the Register of Owners maintained by the copyright society, as provided inrule 14-I-;
(iii) audited accounts of the copyright society ;
(iv) the Tariff Scheme ;
(v) the Distribution Scheme; and
(vi) a statement approved by its governing body or Board of directors setting out a full and detailed account of all its activities during the year in relation to the rights of the owners.]
CHAPTER 06: REGISTRATION OF COPYRIGHT
RULE 15: FORM OF REGISTER OF COPYRIGHTS
6[(1) The Register of Copyrights shall be kept in six parts as follows :-
Part I - Literary works other than computer programmes, tables and compilations including computer data bases and dramatic works.
Part II - Musical works
Part III - Artistic works
Part IV - Cinematograph films
Part V - Sound recordings
Part VI - Computer programmes, tables and compilations including computer data bases.]
(2) The Register of Copyrights shall contain the particulars specified in Form III.
RULE 16: APPLICATION FOR REGISTRATION OF COPYRIGHT
(1) Every application for registration of copyright shall be made in accordance with Form IV and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in accordance with Form V.
(2) Every such application shall be in respect of one work only, shall be made in triplicate and shall be accompanied by the fee specified in the Second Schedule in this behalf.
7[(3) The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.]
(4) If no objection to such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application by him, he shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.
(5) If the Registrar of Copyrights receives any objections for such registration within the time specified in sub-rule (4), or, if he is not satisfied about the correctness of the particulars given in the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register of Copyrights as he considers proper.
(6) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.
RULE 17: CORRECTION OF ENTRIES IN THE REGISTER OF COPYRIGHTS
The Registrar of Copyrights may, on his own motion or on application of any interested person, amend, or alter the Register of Copyrights in the manner specified insection 49-after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity to show cause against such amendment or alteration, and communicate to such person the amendment or alteration made.
RULE 18: INDEXES
(1) There shall be kept at the Copyright Office the following indexes for each part of the Register of Copyrights, namely:-
(i) a general Author Index;
(ii) a general Title Index;
(iii) an Author Index of works in each language; and
(iv) a Title Index of works in each language.
(2) Every Index shall be arranged alphabetically in the form of cards.
RULE 19: INSPECTION OF THE REGISTER OF COPYRIGHTS AND INDEXES
The Register of Copyrights and Indexes thereof shall at all reasonable time beopen to inspection by any person in such manner and subject tot such conditions as the Registrar of Copyrights may specify.
RULE 20: COPIES AND EXTRACTS OF THE REGISTER OF COPYRIGHTS AND INDEXES
(1) Any person shall be entitled to take copies of, or make extracts from, the Register of
Copyrights or Indexes on payment of the fee specified in the Second Schedule subject to such supervision as the Registrar of Copyrights may arrange.
(2) The Registrar of Copyrights shall, on an application made in that behalf and on payment of the fee specified in the Second Schedule, furnish a certified copy of any entries made in the Register of Copyrights and Indexes thereof.
CHAPTER 07: [MAKING OF SOUND RECORDINGS]
RULE 21: MAKING OF SOUND RECORDINGS
9[(1) Any person intending to make sound recording under clause (j) of sub-section (1) ofsection 52-shall give a notice of such intention to the owner of the copyright and to the Registrar of Copyrights at least fifteen days in advance of making of the sound recordings and shall pay to the owner of the copyright, along with the notice, the amount of royalities due in respect of all the sound recordings to be made at the rate fixed by the Copyright Board in this behalf and provide copies of all covers and labels with which the sound recordings are to be sold.]
(2) Such notice shall contain the following information, namely:- (a) the particulars of the work in respect of which10[sound recording] are to be made;
(b) alterations11[* * *], if any, which are proposed to be made for the adaptation of the work to the10[sound recording];
(c) the name, address and nationality of the owner of the copyright in the work;
(d) particulars of the10[sound recording] made previously recording the work;
(e) the number of10[sound recording] intended to be made; and
(f) the amount paid to the owner of the copyright in the work by way of royalties and the manner of payment.
CHAPTER 08: IMPORTATION OF INFRINGING COPIES
RULE 22: IMPORTATION OF INFRINGING COPIES
Every application, under sub-section (1) of section 53-shall be made in accordance with Form VI and shall be accompanied by the fee specified in the Second Schedule.
RULE 23: PROCEDURE FOR EXAMINATION OF INFRINGING COPIES
The Registrar of Copyrights or the person authorised by him in this behalf shall, in taking action under sub-section (2) ofsection 53-, act in collaboration with customs authorities.
CHAPTER 09: MISCELLANEOUS
RULE 24: MODE OF MAKING APPLICATIONS, ETC
Every application, notice, statement or any other document to be made, given, filed or sent under the Act or under these Rules may, unless otherwise directed by the authority concerned, be sent by hand or prepaid registered post.
RULE 25: MODE OF COMMUNICATION BY THE COPYRIGHT BOARD, ETC
Every written intimation from the Copyright Board, the Copyright Office or the Registrar of Copyrights shall be deemed to have been duly communicated to any person if such intimation is sent to the known address of such person by pre-paid registered post.
RULE 26: FEES
(1) The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule.
(2) The fees may be paid to the Registrar of Copyrights, New Delhi, by a postal order or a bank draft issued by a Scheduled Bank as defined in the Reserve bank of India Act, 1934, or by deposit into a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India under the head of account : Major Head-"XLVI-Miscella- neous", Minor Head- "Naturalisation, Passport and Copyright Fees".
(3) Postal orders and bank drafts shall be crossed and drawable in New Delhi.
(4) Payment by bank drafts shall not be valid unless the amount of bank commission is included therein.
(5) Where payment is made by deposit in a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India, the challan evidencing the payment shall be sent to the authority concerned by pre-paid registered post.
RULE 27: RIGHT OF AUDIENCE
In any proceedings before the Copyright Board or the Registrar of Copyrights any party may appear and be heard either in person or by a pleader or other person duly authorised by such party.
RULE 28: COSTS
The cost of, and incidental to, the proceedings before the Copyright Board or the Registrar of Copyrights shall be in the discretion of the Copyright Board or the Registrar of Copyrights, as the case may be.
SCHEDULE 01: SCHEDULE
FORM 01: NOTICE OF RELINQUISHMENT OF COPYRIGHT
[See rule 5] To The Registrar of Copyrights, Copyright Office, New Delhi. Sir, lnaccordancewithsection 21 of the Copyright Act, 1957(14 of 1957)-,I hereby give notice that, with effect from the date of this notice, I do relinquish, to the extent specified in the enclosed affidavit, my rights in the work described in the said affidavit. Yours faithfully, Place............ Date............... (Signature) Form of Affidavit referred to above (full name in block letters) ............................................................................................................................. do hereby or (address) solemnly affirmation state that- (1) I am the author of the work described in the statement below; (2) I am the owner of the copyright in the said work to the extent specified in the said statement; and (3) I do hereby relinquish my rights in the said work to the extent specified in the said statement: STATEMENT Description of the work : (a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record). (b) Title of the works. (c) Full name, address and nationality of the author. (d) Language of the work. (e) Name, address and nationality of the publisher. (f) Year of first publication.(g) Country of first publication. ( h) If the copyright in the work is regstered undersection 45-, the Registration number. 2. Rights owned by the deponent on the date of the affidavit. (If the rights are owned jointly with others, state names, addresses and nationalities of the joint owners.) 3. Extent to which rights are relinquished. 4. Reasons for reliquishment of the rights. (The information given here will be kept strictly confidential). 5. Remarks, if any. Place............... Date................ (Signature) Solemnly affirmed before me by ......................................................................................... who is known to me personally/ (name of deponent in block letters) whois identified to me by................................"........................................................,.............,........../ (name of identifier in block letters) who is known to me personally. Place................ Date................. (Signature and seal of the Magistrate)
FORM 02: APPLICATION FOR A LICENCE FOR TRANSLATION
[See rule 6] (To be submitted in triplicate) To The Registrar of Copyrights/Secretary, Copyright Board, Copyright Office, New Delhi. Sir, In accordance withsection 32 of the Copyright Act, 1957 (14 of 1957)-, I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work in accordance with the particulars given in the enclosed statement. 2. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted, to me. Yours faithfully, Place......... Date.......... (Signature) STATEMENT 1. Full name of the applicant............................................................................................... (in block letters) 2, Full address and nationality of the applicant. 3. Telegraphic address, if any. 4. Description of the work : (a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record). (b) Title of the work. (c) Full name, address and nationality of the author and if the author is deceased, the date of his decease. (d) Language of the work. (e) Name, address and nationality of the publisher. (f) Year of first publication. (g) Country of first publication. (h) Price of a copy of the work. (i) If the copyright in the work is registered undersection 45-, the Registration number, 5. Language into which the work is proposed to be translated. 6. Full name, qualifications and address of the translator. 7. Qualification of the applicant to produce and publish the translation. 8. Number of copies of the translation proposed to be published. 9. Estimated cost of production and publication of the translation. 10. Proposed retail price per copy of the translation. 11. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner. 12. Means of the applicant for payment of the royalty. 13. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury challan number). 14. (a) Full name, address and nationality of the person competent to issue a licence for translation. (b) Whether the applicant was able to find the said person. (c) Whether the applicant had requested and had been defined authorisation by the said person to produce and publish the translation. (d) If the applicant was unable to find that owner, whether he had sent a copy of the request for authorisation to the publisher. If so, the date on which the copy was sent. 15. Whether the author of the work has withdrawn from circulation copies of the work.16. (a) Whether a translation in the same language has been published before. (b) Whether the earlier translation is out-of-print. (c) Full name, address and nationality of the earlier translator and, if the said translator is deceased, the date of his decease. (d) Title of the earlier translation. (e) Full name, address and nationality of the publisher of the earlier translation. (f) Year of publication. (g) Price per copy of the earlier translation. (h) If the earlier translation is registered undersection 45-, the Registration number. (i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known. 17. (a) Whether translation has been made into any language other than the language stated in 5 above. (b) Full name, address and nationality of the translator and, if the said translator is deceased, the date of his decease. (c) Title of the translation. (d) Language of the translation. (e) Full name, address and nationality of the publisher of the translation. (f) Year of publication. (g) Price per copy of the translation. (h) If the translation is registered undersection 45-, the Registration number. (i) Rate and amount of royalty paid to the copyright owner, if known. 18, Remarks, if any. 19. List of enclosures. Place............ Date............. (Signature)
FORM 02A: APPLICATION FOR A LICENCE FOR PUBLLCATLON/ TRANSLATLON/ REPRODUCTLON
[See Rule 11 A] (To be submitted in triplicate) To The Registrar of Copyrights/Secretary, Copyright Board, Copyright Office, New Delhi. Sir, 1. In accordance with section 31/3."/32A of the16[Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish an unpublished Indian work,or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement. 2. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me. 3. I hereby verify that the particulars given in this form are true to the best of my knowledge, belief and information and nothing has been concealed therefrom. Place........... Date............ Yours faithfully, (Signature) STATEMENT 1. Full name of the applicant............................................................................................ (In block letters) 2. Full address and nationality of the applicant. 3. Telegraphic address, if any. 4. Description of the work : (a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record). (b) Title of the work. (c) Full name, address and nationality of the author and if the author is deceased, the date of his decease. (d) Language of the work. (e) Name, address and nationality of the publisher. (f) Year of first and last publication. (g) Country of first and last publication. (h) Price of a copy of the work. (i) If the copyright in the work is registered undersection 45-, the Registration Number. 5. If the licence is applied for translation, state : (a) Language into which the work is proposed to be translated. (b) Full name, qualifications and address of the translator. (c) Qualifications of the applicant to produce and publish the translation. 6. Indicate the purpose for which the licence is required. 7. Number of copies of work proposed to be published under the licence applied for. 8. Estimated cost of the work to be published. 9. Proposed retail price per copy of the work. 10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.11. Means of the applicant for payment of the royalty. 12. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number). 13. (a) Full name, address and nationality of the person competent to issue a licence. (b) Whether the applicant after due diligence on his part was unable to find the owner. (c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work. (d) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered air mail post to the publisher whose name appears on the work. If so, the date on which the copy was sent. 14. Whether the author of the works has withdrawn from circulation copies of the work. 15. In case of application for translation furnish following additional information :- (a) Whether a translation in the same language has been published before. (b) Whether the earlier translation is out of print. (c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease. (d) Title of the earlier translation. (e) Full name, address and nationality of the publisher of the earlier translation. (f) Year of publication. (g) Price per copy of the earlier translation. (h) If the earlier translation is registered undersection 45-, the Registration Number. (i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known. 16. (a) Whether translation has been made into any language other than the language stated in 5 above. (b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease. (c) Title of the translation. (d) Language of the translation. (e) Full name, address and nationality of the publisher of the translation. (f) Year of publication. (g) Price per copy of the translation. (h) If the translation is registered undersection 45-, the Registration Number. (i) Rate and amount of royalty paid to the copyright owner, if known. 17. Remarks, if any. 18. List of enclosures. Place.............. Date................ (Signature)
FORM 02B:
[See rule 11G] Sir,20[In accordance with first proviso to sub-section (1) or the first proviso to subsection (2) ofsection 32B of the Copyright Act, 1957 (14 of 1957)] -, I hereby give notice, that copies of translation/reproduction of the work given below (mention language) have been published by me/under my authorization. Place............ Date............. Yours faithfully, (Signature) STATEMENT 1. Title of the work. 2. Name and address of the owner of. copyright. 3. Year and country of first publication and name, address and nationality of the publisher. 4. Name and address of the author who has translated the work. 5. Name and address of the publisher and year in which the translation has been published in India. 6. Name and address of the publisher and year in which the reproduction of the work has been published in India. 7. Retail price of the published work.
FORM 02C:
[See rules 12 and 13] Application form for permission to carry on copyright business and for registration as a copyright society* 1. Names and addresses of the persons forming the association of persons (in capital letters) (hereinafter referred to as "applicant") 2. The profession or occupation of such persons 3. Details of works in which copyright or other rights of such individuals subsist 4. The class or category of works or the rights in respectof which the applicant proposes to carry on the copyright business. 5. The territory or territories to which the business shall extend 6. The name in which the applicant desires registration as copyright society 7. The names and addresses of individuals comprising the governing body (by whatever name called) of the applicant in whom the ultimate management, con- trol and direction of the applicant is vested 8. Address of the registered or administrative office of the applicant at which its records will be maintained and kept and the designation of the chief executive officer of the applicant with address on whom com- munications may be served. 9. Financial position of the applicant on the date of making the application ie., last audited balance sheet and income and expenditure account/bank balance. 10. Signature along with the name of the members of the governing body 11. Name and signature of the chief executive Place.......................... Date............................. *In the case of a performing rights society functioning as such immediately before the commencement of the Copyright (Amendment) Act, 1994, the application shall be accompanied by any documentary proof in support of its claim of functioning as a performing right society.
FORM 02D:
[See rule 14B] Certificate of registration under section 33(3) of the Copyright Act, 1957 It is certified that..............(name of the society and address) has been registered by the Central Government, vide Registration No.............as a copyright society under sub- section (3) ofsection 33 of the Copyright Act, 1957 (14 of 1957)-and permitted to commence and carry on the copyright business in.......................... (here indicate the name of the particular class of works). The registration and the permission hereby granted are subject to the following conditions and liable to be cancelled on non-compliance with, or contravention of, any of them, namely :- (i) that the particulars furnished in the application are true and correct and not misleading in any manner; and(ii) that the copyright society shall duly comply with all the obligations imposed on it by or under theCopyright Act, 1957 (14 of 1957)-and the Copyright Rules, 1958. New Delhi Date................. (Seal) Registrar of Copyrights
FORM 03: FORM OF REGISTER OF COPYRIGHTS
[See rule 15] 1. Registration number. 2. Name, address and nationality of the applicant. 3. Nature of the applicant's interest in the copyright of the work. 4. Class and description of the work. 5. Title of the work. 6. Language of the work. 7. Name, address and nationality of the author and, if the author is deceased, the date of his decease. 8. Whether work is published or unpublished. 9. Year and country of first publication and name, address and nationality of the publisher. 10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publishers. 11. Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licences, if any. 12. Names, addresses and nationalities of other persons, if any, authorised to assign or license the rights comprising the copyright. 13. If the work is an artistic work the location of the original work, including name, address and nationality of the person in possession of it (in the case of an architectural work, the year of completion of the work should also be shown.) 14. Remarks, if any.
FORM 04: APPLICATION FOR REGISTRATION OF COPYRIGHT
[Seerule 16-] To The Registrar of Copyrights, Copyright Office New Delhi. Sir, In accordance withsection 45 of the Copyright Act, 1957 (14 of 1957) -, I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed statement of particulars sent herewith in triplicate. I also send herewith duly completed the statement of further particulars relating to the work. 2. In accordance withrule 16-of the Copyright Rules, 1958, I have sent by pre-paid registered post copies of this letter and of the enclosed statement(s) to the other parties'* concerned, as shown below : Names and addresses of the parties Date of despatch
___________________1______________________________________2_________________________________________ 3. The prescribed fee has been paid, as per details below : ............................................................................ 4. Communications on this subject may be addressed to :23[5.I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.]24[25[6.] I hereby verify that the particulars given in this Form and the Statement of Particulars and Statement of further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.] 5. List of enclosures. Place................. Yours faithfully, Date.................. (Signature) STATEMENT OF PARTICULARS (To be sent in triplicate) 1. Registration number (To be filled in the Copyright Office) 2. Name, address and nationality of the applicant 3. Nature of the applicant's interest in the copyright of the work 4. Class and description of the work 5. Title of the work 6. Language of the work 7. Name, address and nationality of the author and, if the author is deceased, the date of his decease8. Whether work is published or unpublished 9. Year and country of first publication and name, address and nationality of the publishers. 10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher. 11. Names, address and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignment and licences, if any. 12. Names, addresses and nationalities of their persons, if any, authorized to assign or license the rights comprising the copyright. 13. If the work is an "artistic work", the location of the original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown).28[13-A. If the work is an 'artistic work' which is used or is capable of being used in relation to any goods, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) ofsection 45 of the Copyright Act, 1957-] 14. Remarks, if any. Place............ Date............ (Signature) STATEMENT OF FURTHER PARTICULARS (For Literary, Dramatic, Musical and Artistic Works only) (To be sent in triplicate) 1. Is the work to be registered- (a) an original work ? (b) a translation of a work in the public domain ? (c) a translation of a work in which copyright subsists ? (d) an adaptation of a work in the public domain ? (e) an adaptation of a work in which copyright subsists ? 2. If the work is a translation or adaptation of a work in which copyright subsists : (a) Title of the original work. (b) Language of the original work. (c) Name, address and nationality of the author of the original work and, if the author is deceased, the date of his decease. ((3) Name, address and nationality of the publisher, if any, of the original work. (e) Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorising. 3. Remarks, if any. Place.............. Date............... (Signature)
FORM 05: APPLICATION FOR REGISTRATION OF CHANGES IN THE PARTICULARS OF COPYRIGHT ENTERED IN THE REGISTER OF COPYRIGHTS
[See rule 16] To The Registrar of Copyrights, Copyright Office, New Delhi. Sir, In accordance withrule 16-of the Copyright Rules, 1958,1 hereby apply for registration of changes in the particulars of copyright entered in the Register of Copyrights and request that changes in the existing entries may be made as specified in the enclosed statement of particulars. 2.1 have sent by registered post copies of this letter and of the statement of particulars to the other parties concerned as shown below : Names and addresses of parties Date of despatch 3. The prescribed fee has been paid, as per details below : 4. Commissioner on subject may be addressed to :29[5.1 hereby declare that, to the best of my knowledge and belief, no person other than to whom a notice has been sent as per paragraph 2, has any claim, interest or dispute to my copyright of this work, or to its use by me.]30 [31[6.] I hereby verify that the particulars given in this Form and the Statement of particulars are true to the best of my knowledge, belief and information and nothing has been conclealed therefrom.] Yours faithfully Place..................... (Signature) Date....................... STATEMENT OF PARTCULARS 1. Registration number in the Register of Copyrights. 2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.
3. List of enclosures. Place...................... Date....................... (Signature) Reference to column number of the Register of
Copyrights Existing entry in the
Register of
Copyrights
Proposed entry in place of the
existing entry in the Register of
Copyrights
Reasons for the
changes proposed
l 2 3 4
FORM 06: APPLICATION UNDER SECTION 23 OF THE ACT
[See rule 22] To The Registrar of Copyrights, Copyright Office, New Delhi. Sir, In accordance withsection 53 of the Copyright Act, 1957 (14 of 1957) -, I hereby state that- I am the owner of the copyright ............................ who is the owner of copyright in the I am the duly authorised agent of (full name) work specified in the enclosed affidavit and I hereby apply for an order that the copies of the said work as specified in the said affidavit shall not be imported into India. 2. I am also enclosing a copy of the work the copyright in which is being infringed. 3. I produce herewith the following additional evidence in proof of infringement of copyright by the works in respect of which the order is sought- (Give particulars) 4. The prescribed fee has been paid as per details below :- (Give particulars) 5. Communications on this subject may be addressed to- Place................. Yours faithfully, Date.................. (Signature) Form of Affidavit
I................................... of (full name in block letters) (full address)on solemn affirmation state that- (1) the particulars in the statement below are true to the best of my knowledge and belief; (2) the works which are being imported in accordance with the particulars in the said statement are infringing copies of the work described in the said statement: and (3) I am interested in the prevention of importation of the said infringing copies for the following reasons: (State reasons) (4) the infringing copies are not being imported for the private and domestic use of the importer. STATEMENT A. Particulars of the Work and Rights held : 1. Full name, address and nationality of the applicant. 2. Telegraphic address of the applicant. 3. If the applicant is not the owner of the copyright, full name, address and nationality of the owner of the copyright. 4. Description of the work : (a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record). (b) Title of the work. (c) Full name, address and nationality of the author and, if the author is deceased, the date of his decease. (d) Language of the work. (e) Name and address of the publisher. (f) Year of first publication. (g) Country of first publication. (h) If the copyright in the work is registered undersection 45-, the registration number. B. Details of import of infringing copies : 1. Country of origin of the infringing copies. 2. Name, address and nationality of the importer in India. 3. Name, address and nationality of the maker of the infringing copies. 4. Expected time and place of import of the infringing copies into India.5. In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorised agent to identify the said copies to the satisfaction of the Registrar of Copyrights ? C. Any other relevant information not covered above. Place............... (Signature) Date................ Solemnly affirmed before me by............................................................................................. (full name of deponent in block letters) who is known to me personally/who is identified to me by...........................,.........../ (name of identifier in block letters) who is known to me personally. Place.......... Date.......... (Signature and seal of the Magistrate)
SCHEDULE 02: SCHEDULE
[See rule 26]
Sl
No.
Item Fee
(1) (2) (3)
1 For a licence to republish a literary, dramatic, musical or artistic work (sections
31,31 A and 32A) Rs. 400 per work
2. For a licence to republish a cinematograph film (section 31 ) Rs. 600 per work
3. For a licence to republish a sound recording (section 31 ) Rs. 400 per work
4. For a licence to perform an Indian work in public or to communicate the work to the public by broadcast (section 31 ) Rs. 200 per work
5. For an application for a licence to produce and publish a translation of a literary or dramatic work in any language (sections 32 and 32A) Rs. 200 per work
6. For an application for registration of copyright in a — (a) literary, dramatic, musical or artistic work (b) provided that in respect of a literary or artistic work which is
used or is capable of being used in relation to any goods (section 45) Rs. 50 per work Rs. 400 per work
7. For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a — (a) literary, dramatic, musical or artistic work (b) provided that in respect of a litrary, or artistic work which is used or is capable of being used in relation to any goods (section 45) Rs. 50 per work Rs. 200 per work
8. For an application for registration of copyright in a cinematograph film (section 45) Rs. 600 per work
9. For an application for registration of changes in particulars of copyright entered in the Register of cinematograph film (section 45) Rs. 400 per work
10. For an application for registration of copyright in a sound recording (section 45) Rs. 400 per work
11. For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of a sound recording (section 45) Rs. 200 per work
12. For taking extracts from the Register of Copyrights (section 47) Rs. 20 per work 13. For taking extracts from the Indexes (section 47) Rs. 20 per work
14. For a certified copy of an extract from the Register of Copyrights or the Indexes (section 47) Rs. 20 per copy
15. For a certified copy of any other public document in the custody of the Registrar of Copyrights or the Copyright Board Rs. 20 per copy
16. For an application for prevention of importation of infringing copies (section 53) Rs. 400 per work, per place of entry
2. The Act came into force on 21st January, 1958, vide Notification No.SRO 269, dated 21-l-1958, published in Gazette of India, Extraordinary, Pt. II, Section 3, dated 21-1-1958, at p. 167.
3. Inserted by the Copyright (Amendment) Rules, 1995, w.e.f. 10-5-1995.
6. Substituted by the Copyright (Amendment) Rules, 1995, w.e.f. 10-5-1995.
7. Substituted by the Copyright (Amendment) Rules, 1992, w.e.f. 27-4-1992. Prior to its substi- tution, sub-rule (3) read as under : "(3) The person applying for registration shall simultaneously send a copy of the application to every other person interested in the copyright of the work."
9. Substituted, for "Making of Records" by the Copyright (Amendment) Rules, 1995. Prior to its substitution, sub-rule (1), was amended by GSR 267, dated 22-4-1958.
10. Substituted for "records", by the copyright (Amendment) Rules, 1995, w.e.f. 10-5-1995.
11. Words "and omissions" omitted, by the copyright (Amendment) Rules, 1995.
16. Substituted for "Copyright (Amendment) Act, 1983 (23 of 1983)" by the Copyright (Amend- ment) Rules, 1992, w.e.f. 27-4-1992.
20. Substituted for "In accordance with proviso to sub-section (1) or (2) of section 32B of the Copyright (Amendment) Act, 1983" by the Copyright (Amendment) Rules, 1992, w.e.f. 27-4- 1992.
28. Substituted by the Copyright (Amendment) Rules, 1992, w.e.f. 27-4-1992. Earlier para 13A was inserted by the Copyright (Amendment) Rules, 1984, w.e.f. 9-8-1984.
29. Inserted by the Copyright (Amendment) Rules, 1992, w.e.f. 27-4-1992.
30. Inserted by the Copyright (Amendment) Rules, 1984, w.e.f. 9-8-1984.
31. Existing paragraph 4A renumbered as 6 by the Copyright (Amendment) Rules, 1992, w.e.f. 27-4- 1992.
INTERNATIONAL COPYRIGHT ORDER, 1991
In exercise of the powers conferred by
section 40 of the Copyright Act, 1957 (14 of 1957), and in supersession of the International Copyright Order, 1958, the Central Government hereby makes the following Order:-
ORDER 01:
(1) This Order may be called the International Copyright Order, 1991.
(2) It shall come into force2on the date of its publication in the Official Gazette.
ORDER 02: IN THIS ORDER, UNLESS THE CONTEXT OTHERWISE REQUIRES
,- (a) 'Berne Convention Country' means a country which is a member of the Berne Copyright Union, and includes a country mentioned either in Part I or in Part II of the Schedule;
(b) 'Phonograms Convention Country' means a country which has either ratified, or accepted or acceded to the Convention for the Protection or Producers of Phonograms against Unauthorised Duplication of their Phonograms, done at Geneva on the twenty-ninth day of October, one thousand nine hundred and seventy-one, and includes a country mentioned in Part V of the Schedule;
(c) 'Schedule' means the Schedule appended to this Order;
(d) 'Universal Copyright Convention Country' means a country which has either ratified, or accepted or acceded to the Universal Copyright Convention, and includes a country mentioned either in Part III or in Part IV of the Schedule.
ORDER 03:
Subject to the provisions of paragraph 4, all the provisions of theCopyright Act, 1957 (14 of 1957)- (hereinafter referred to as the Act), except those of Chapter VIII; and those other provisions which apply exclusively to Indian works, shall apply, -
(a) to any work first made or published in a country mentioned in Part I, II, III or IV of the Schedule, in like manner as if it was first published in India;
(b) to any work first made or published in a country other than a country mentioned in Part I, II, III or IV of the Schedule, the author of which was, at the date of such publication, or, where the author was dead on that date, he was at the time of his death, a national of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of India at that point of time;
(c) to an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned inPart I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of, or domiciled in India;
(d) to any work first made or published by a body corporate incorporated under any law of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if it was incorporated under a law in force in India; and
(e) to a record first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V of the Schedule or a body corporate incorporated under a law in force in such a country, in like manner as if the producer was the citizen of India; or a body corporate incorporated under a law in force in India, as the case may be, at that point of time.
ORDER 04:
Notwithstanding anything contained in paragraph 3(a), the provisions of sub- section (1) ofsection 32-of the Act-
(i) shall not apply to a work first made or published in any Berne Convention Country mentioned in Part I or II of the Schedule; and
(ii) shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or IV of the Schedule, only in respect of the translation of such work into any language specified in the Eighth Schedule to theConstitution of India.
ORDER 05:
The provision ofsections 32-[excluding its sub-section (1)], 32A and 32B shall apply to a work first made or published in a Berne Convention Country mentioned in Part I of the Schedule or in a Universal Copyright Convention Country mentioned in Part III of the Schedule.
ORDER 06:
The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.
(a) in the case of a work first made or published in a Berne Convention Country or a Universal Copyright Convention Country, that country;
(b) in the case of a work made or published simultaneously either in a Berne Convention Country or a Universal Copyright Convention Country and in a country which is neither a Berne Convention Country nor a Universal Copyright Convention Country, the former country;
(c) in the case of a work which is made or published simultaneously in several Berne Convention Countries, the country whose laws grant the shortest term of copy- right to such a work;
(d) in the case of a work which is made or published simultaneously in several Universal Copyright Convention Countries, the country whose laws grant the shortest term of copyright to such a work;
(e) in the case of an unpublished work or a work first made or published in a country other than a Berne Convention Country or a Universal Copyright Convention Country, the country of which the author was a citizen, or the country in which he was domiciled at the time of its first publication, whichever grants the longer term of copyright.
ORDER 07:
The provisions of the International Copyright Order, 1958 shall cease to have effect from the date this Order comes into force.
SCHEDULE 01: SCHEDULE
PART 1 Berne Convention Countries which have ratified/accepted/acceded to the 1971 Text of the Convention [See Paragraph 2(a)] 1. Australia 2. Austria 3. Barbados 4. Benin 5. Brazil 6. Bulgaria 7. Burkina Faso 8. Cameroon 9. Central African Republic 10. Chile 11. Colombia 12. Congo 13. Costa Rica 14. Coto D'Ivoire 15. Cyprus 16. Czechoslovakia 17. Denmark 17A. Equador 18. Egypt 19. Finland 20. France 21. Gabon 22. Germany 22A. Ghana 23. Greece 24. Guinea 25. Guinea-Bissau 26. Holy See 27. Honduras 28. Hungary 29. Italy 30. Japan 31. Lesotho 32. Liberia 33. Libya 34. Luxembourg 34A. Malawi 35. Malayasia 36. Mali 37. Mauritania 38. Mauritius 39. Mexico 40. Monaco 41. Morocco 42. Netherlands 43. Niger 43A. Paraguay 44. Peru 45. Poland 46. Portugal 47. Rwanda 48. Senegal 49. Spain 50. Surinam 51. Sweden 52. Togo 53. Trinidad and Tobago 54. Tunisia 55. United Kingdom 56. United States of America 57. Uruguay 58. Venezuela 59. Yugoslavia 60. Zaire 61. Zambia PART 2 Berne Convention Countries which are yet to ratify/accept/accede to the 1971 Text of the Convention [See Paragraph 2(a)] 1. Argentina 2. Bahamas 3. Belgium 4. Canada 5. Chad 6. Fiji 7. Iceland 8. Ireland 9. Israel 10. Lebanon 11. Liechtenstein 12. Madagascar 13. Malta 14. New Zealand 15. Norway 16. Pakistan 17. Philippines 18. Romania 19. South Africa 20. Sri Lanka 21. Switzerland 22. Thailand 23. Turkey 24. Zimbabwe PART 3 Universal Copyright Convention Countries which have ratlfled/ accepted/acceded to the 1971 Text of the Convention [See Paragraph 2(d)] 1. Algeria 2. Australia 3. Austria 4. Bahamas 5. Bangladesh 6. Barbados 7. Bolivia 8. Brazil 9. Bulgaria 10. Cameroon 11. Colombia 12. Costa Rica 12A. Cyprus 13. Czechoslovakia 14. Denmark 15. Dominican Republic 16. El Salvador 17. Finland 18. France 19. Germany 20. Guinea 21. Holy See 22. Hungary 23. Italy 24. Japan 25. Kenya 26. Mexico 27. Monaco 28. Morocco 29. Netherlands 30. Niger 31. Norway 32. Panama 33. Peru 34. Poland 35. Portugal 36. Republic of Korea 37. Rwanda 38. Saint Vincent and the Grendines 39. Senegal 40. Spain 41. Sri Lanka 42. Sweden 43. Trinidad and Tobago 44. Tunisia 45. United Kingdom 46. United States of America 47. Yogoslavia PART 4 Universal Copyright Convention Countries which are yet to ratify/ accept/accede to the 1971 Text of the Convention [See Paragraph 2(d)] 1. Andorra 2. Argentina 3. Belgium 4. Belize 5. Cambodia 6. Canada 7. Chile 8. Cuba 9. Ecuador 10. Fiji 10A. Ghana 11. Greece 12. Guatemala 13. Guinea 14. Haiti 15. Iceland 16. Ireland 17. Israel 18. Laos 19. Lebanon 20. Liberia 21. Liechtenstein 22. Luxembourg 23. Malawi 24. Malta 25. Mauritius 26. New Zealand 27. Nicaragua 28. Nigeria 29. Pakistan 30. Paraguay 31. Philippines 32. Switzerland 33. Union of Soviet Socialist Republics 34. Venezuela 35. Zambia PART 5 Phonograms Convention Countries [See Paragraph 2(b)] 1. Argentina 2. Australia 3. Austria 4. Barbados 5. Brazil 6. Burkina Faso 7. Chile 8. Costa Rica 9. Czechoslovakia 10. Denmark 11. Ecuador 12. Egypt 13. El Salvador 14. Fiji 15. Finland 16. France 17. Germany 18. Guatemala 19. Holy See 20. Honduras 21. Hungary 22. Israel 23. Italy 24. Japan 25. Kenya 26. Luxembourg 27. Mexico 28. Monaco 29. New Zealand 30. Norway 31. Panama 32. Paraguay 33. Peru 34. Republic of Korea 35. Spain 36. Sweden 37. Trinidad and Tobago 38. United Kingdom 39. United States of America 40. Uruguay 41. Venezuela 42. Zaire
2. 30-9-1991.
INTERNATIONALS COPYRIGHT ORDER, 1999
In exercise of the powers conferred by
Section 40 of the Copyright Act, 1957 (14 of 1957), and in supersession of the International Copyright Order, 1991, the Central Government hereby makes the following Order, namely:-
ORDER 01:
- (1) This Order may be called the International Copyright Order, 1999.
(2) It shall come into force on the date of its publication in the Official Gazette.
ORDER 02:
-In this Order, unless the context otherwise requires,-
(a) "Berne Convention Country" means a country which is a member of the Berne Copyright Union, and includes a country mentioned either in Part I or in Part II of the Schedule;
(b) "Phonogram" means an exclusively aural fixation of a performance or other sounds;
(c) "Phonograms Convention Country" means a country which has either ratified, or accepted, or acceded to the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, done at Geneva on the twenty-ninth day of October, one thousand nine hundred and seventy-one, and includes a country mentioned in Part V of the Schedule;
(d) "Schedule" means the Schedule appended to this Order;
(e) "Universal Copyright Convention Country" means a country which has either ratified, or accepted, or acceded to the Universal Copyright Convention, and includes a country mentioned either in Part III or in Part IV of the Schedule;
(f) "World Trade Organisation Country" means a country which is a member of the World Trade Organisation and which has either ratified, or accepted, or acceded to the Agreement on Trade Related Aspects of Intellectual Property Rights, 1994 and includes a country mentioned in Part VI of the Schedule.
ORDER 03:
- Subject to the provisions of Paragraphs 4, 5 and 6 all the provisions of theCopyright Act, 1957 (14 of 1957)-, (hereafter referred to as the Act), except those in Chapter VIII, and those other provisions which apply exclusively to Indian works, shall apply
(a) to any work first made or published in a country mentioned in Part I, II, III, IV or VI of the Schedule, in like manner as if it was first published in India;
(b) to any work first made or published in a country other than a country mentioned in Part I, II, III, IV or VI of the Schedule, the author of which was, at the date of such publication, or, where the author was dead on that date, he was at the time of his death, a national of a country mentioned in Part I, II, III, IV or VI of the Schedule, in like manner, as if the author was a citizen of India at that point of time;
(c) to an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in Part I, II, III, IV or VI of the Schedule, in like manner, as if the author was a citizen of, or domiciled in, India;
(d) to any work first made or published by a body corporate incorporated under any law of a country mentioned in Part I, II, III, IV or Part VI of the Schedule, in like manner, as if it was incorporated under a law in force in India; and
(e) to a sound recording first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V or Part VI of the Schedule or a body corporate incorporated under a law in force in such a country, in like manner as if the producer was the citizen of India or a body corporate incorporated under a law in force in India, as the case may be, at that point of time.
ORDER 04:
Notwithstanding anything contained in Paragraph 3, the provisions of Chapter VIII of the Act shall apply to a Broadcasting Organisation and a Performer in a World Trade Organisation Country mentioned in Part VI of the Schedule.
ORDER 05:
- Notwithstanding anything contained in clause (a) of Paragraph 3 and Paragraph 4 the provisions of sub-section (1) ofSection 32-of the Act-
(i) shall not apply to a work first made or published in any Berne Convention Country mentioned in Part I or Part II of the Schedule;
(ii) shall not apply to a work first made or published in any World Trade Organisation Country mentioned in Part VI of the Schedule;
(iii) shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or Part IV of the Schedule, only in respect of the translation of such work into any language specified in the Eighth Schedule to the Constitution of India.
ORDER 06:
- The provisions ofSection 32-[excluding its sub-section (1)],32-A-and32-B-shall apply to a work first made or published in a Berne Convention Country mentioned in Part I of the Schedule or in a Universal Copyright Convention Country mentioned in Part III of the Schedule or in a World Trade Organisation Country mentioned in Part VI of the Schedule.
ORDER 07:
- The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin. Explanation.-In this paragraph, "the country of origin" shall mean
(a) in the case of a work first made or published in a Berne Convention Country or a Universal Copyright Convention Country, or a World Trade Organisation Country, that country;
(b) in the case of a work made or published simultaneously either in a Berne Convention Country or a Universal Copyright Convention Country or in a World Trade Organisation Country and in a country which is neither a Berne Convention Country nor a Universal Copyright Convention Country nor a World Trade Organisation Country, the former country;
(c) in the case of a work which is made or published simultaneously in several Berne Convention Countries, the country whose laws grant the shortest term of copyright to such a work;
(d) in the case of a work which is made or published simultaneously in several Universal Copyright Convention Countries, the country whose laws grant the shortest term of copyright to such a work;
(e) in the case of a work which is made or published simultaneously in several World Trade Organisation Countries, the country whose laws grant the shortest term of copyright to such a work;
(f) in the case of an unpublished work or a work first made or published in a country other than a Berne Convention Country or a Universal Copyright Convention Country or a World Trade Organisation Country, the country of which the author was a citizen, or the country in which he was domiciled at the time of its first publication, whichever grants the longer term of copyright.
SCHEDULE 01: SCHEDULE
PART I BERNE CONVENTION COUNTRIES WHICH HAVE RATIFIED/ACCEPTED/ACCEDED TO THE 1971 TEXT OF THE CONVENTION
[See Paragraph 2(a)] 1. Albania 2. Algeria 3. Antigua and Barbuda 4. Argentina 5. Armenia 6. Australia 7. Austria 8. Azerbaijan 9. Bahamas 10. Bahrain 11. Bangladesh 12. Barbados 13. Belarus 14. Belgium 15. Belize 16. Benin 17. Bolivia 18. Bosnia and Herzegovina 19. Botswana 20. Brazil 21. Bulgaria 22. Burkina Faso 23. Cameroon 24. Canada 25. Cape Verde 26. Cen- tral African Republic 27. Chile 28. China 29. Colombia 30., Congo af.'TCosta Rica 32. Cote d'lvoire 33. Croatia 34. Cuba 35. Cyprus 36. Czech Republic 37. Democratic Republic of the Congo 38. Denmark 39. Dominica 40. Dominicap Republic 41. Ecuador 42. Egypt 43. El Salvador 44. Equatorial Guinea 45. Estonia 46. Finland 47. France 48. Gabon 49. Gambia 50. Georgia 51. Germany 52. Ghana 53. Greece 54. Grenada 66. Guatemala 56. Guinea 57. Guinea-Bissau 58. Guyana 59. Haiti 60. Holy See 61. Honduras 62. Hungary 63. Iceland 64. Indonesia 65. Italy 66. Jamaica 67. Japan 68. Jordan 69. Kazakhstan 70. Kenya 71. Kyrgyzstan 72. Latvia 73. Lesotho 74. Liberia 75. Libyan Arab Jamahirya 76. Liechtenst- ein 77. Lithuania 78. Luxembourg 79. Malawi 80. Malaysia 81. Mali 82. Malta 83. Mauritania 84. Mauritius 85. Mexico 86. Monaco 87. Mongolia 88. Morocco 89. Namibia 90. Netherlands 91. Niger 92. Nigeria 93. Norway 94. Oman 95. Panama 96. Paraguat. 97. Peru 98. Philippines 99. Poland 100. Portugal 101. Qatar 102. Republic of Korea 103. Republic of Moldova 104. Ro- mania 105. Russian Federation 106. Rwanda 107. Saint Kitte & Navis 108 Saint Lucia 109. Saint Vincent and the Grenadines 110. Senegal 111. Singapore 112. Slovakia 113. Slovenia 114. South Africa 115. Spain 116. Sri Lanka 117. Surinam 118. Swaziland 119. Sweden 120. Switzerland 121. Tajikistan 122. Thailand 123. The Former Yugoslavia Republic of Macedonia 124. Togo 125. Trinidad and Tobago 126. Tunisia 127. Turkey 128. Ukraine 129. United Kingdom 130. United Republic of Tanzania 131. United States of America 132. Uruguay 133. Venezuela 134. Yugoslavia 135. Zambia 136. Zimbabwe
PART 02: BERNE CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/ACCEPT/ACCEDE TO THE 1971 TEXT OF CONVENTION
[See Paragraph 2(a)] 1. Chad 2. Fiji 3. Ireland 4. Israel 5. Lebanon 6. Madagascar 7. New Zealand 8. Pakistan
PART 03: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH HAVE RATIFIED/ ACCEPTED/ACCEDED TO THE 1971 TEXT OF THE CONVENTION
(See paragraph 2(e))] 1. Algeria 2. Australia 3. Austria 4. Bahamas 5. Bangladesh 6. Barbados 7. Bolivia 8. Bosnia & Herzegovina 9. Brazil 10. Bulgaria 11. Cameroon 12. China 13. Colombia 14. Costa Rica 15. Croatia 16. Cyprus 17. Czech Republic 18. Denmark 19. Dominican Republic 20: Ecu- ador 21. El Salvador 22. Finland 23. France 24. Germany 25. Guinea 26. Holy see 27. Hungary 28. Italy 29. Japan 30. Kenya 31. Mexico 32. Monaco 33. Morocco 34.. Netherlands 35. Niger 36. Norway 37. Panama 38. Peru 39. Poland 40. Portugal 41. Republic of Korea 42. Russian Federation 43. Rwanda 44. Saint Vincent and the Grenadines 45. Saudi Arabia 46. Senegal 47. Slovakia 48. Slovenia 49. Spain 50. Sri Lanka 51. Sweden 52. Switzerland 53. Trinidad and Tobago 54. Tunisia 55. United Kingdom 56. United States of America 57. Uruguay 58. Yugosla- via
PART 04: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/ACCEPT/ACCEDE TO THE 1971 TEXT OF THE CONVENTION
[See paragraph 2(c)] 1. Argentina 2. Australia 3. Austria 4. Barbados 5. Brazil 6. Bulgaria 7. Burkina Faso 8. Chile 9. China 10. Colombia 11. Costa Rica 12. Croatia 13. Cyprus 14. Czech Republic 15. Democratic Republic of Congo 16. Denmark 17. Ecuador 18. Egypt 19. El Salvador 20. Es- tonia 21. Fiji 22. Finland 23. France 24. Germany 25. Greece 26. Guatemala 27. Holy See 28. Honduras 29. Hungary 30. Israel 31. Italy 32. Jamaica 33. Japan 34. Kenya 36. Latvia 36. Liechtenstein 37. Lithuania 38. Luxembourg 39. Mexico 40. Monaco 41. Netherlands' 42. New Zealand 43. Norway 44. Panama 45. Paraguay 46. Peru 47. Republic of Korea 48. Republic of Moldova 49. Romania 50. Russian Federation 51. Slovakia 52. Slovenia 53. Spain 54. Sweden 55. Switzerland 56. The former Yugoslav Republic of Macedonia 57. Trinudad and Tobago 58. Ukraine 59. United Kingdom 60. United States of America 61. Uruguay 62. Venezuela
PART 06: THE WORLD TRADE ORGANISATION COUNTRIES
[See Paragraph 2(f)] 1. Albania 2. Angola 3. Antigua and Barbuda 4. Argentina 5. Australia 6. Austria 7. Bah- rain 8. Bangladesh 9. Barbados 10. Belgium 11. Belize 12. Benin 13. Bolivia 14. Botswana 15. Brazil 16. Brunei Darussalam 17. Bulgaria 18. Burkina Faso 19. Burundi 20. Cameroon 21. Canada 22. Central African Republic 23. Chad 24. Chile 25. Colombia 26. Congo 27. Costa Rica 28. Cote d'lvoire 29. Cuba 30. Cyprus 31. Czech Republic 32. Democratic Republic of the Congo 33. Denmark 34. Djibouti 35. Dominica 36. Dominican Republic 37. Ecuador 38. Egypt 39. El Salvador 40. Estonia 41. European Community 42. Fiji 43. Finland 44. France 45. Gabon 46. The Gambia 47. Georgia 48. Germany 49. Ghana 50. Greece 51. Grenada 52. Guatemala 53. Guinea 54. Guinea-Bissau 55. Guyana 56. Haiti 57. Honduras 58. Hong Kong, China 59. Hungary 60. Iceland 61. Indonesia 62. Ireland 63. Israel 64. Italy 65. Jamaica 66. Japan 67. Jordan 68. Kenya 69. Korea, Republic of 70. Kuwait 71. Kyrgyz Republic 72. Latvia 73. Lesotho 74. Liechtenstein 75. Luxembourg 76. Macau China 77. Madagascar 78. Malawi 79. Malaysia 80. Maldives 81. Mali 82. Malta 83. Mauritania 84. Mauritius 85. Mexico 86. Mongolia 87. Morocco 88. Mozambique 89. Myanmar 90. Namibia 91. Netherlands-for the Kingdom in Europe and for the Netherlands Antilles 92. New Zealand 93. Nicaragua 94. Niger 95. Nigeria 96. Norway 97. Pakistan 98. Panama 99. Papua New Guinea 100. Paraguay 101. Peru 102. Philippines 103. Poland 104. Portugal 105. Qatar 106. Romania 107. Rwanda 108. Saint Kitts & Nevis 109. Saint Lucia 110. Saint Vincent and the Grenadines 111. Senegal 112. Sierra Leone 113. Singapore 114. Slovak Republic 115. Slovenia 116. Solomon Islands 117. South Africa 118. Spain 119. Sri Lanka 120. Suriname 121. Swaziland 122. Sweden 123. Switzerland 124. Tanzania 125. Thailand 126. Togo 127. Trinidad and Tobago 128. Tuni- sia 129. Turkey 130. Uganda 131. United Arab Emirates 132. United Kingdom 133. United States of America 134. Uruguay 135. Venezuela 136. Zambia 137. Zimbabwe.
