Copyright Act
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Section 1. Short title extent and
commencement Section
2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 19a. Section
20. Section 21. Section 22. Section 23. Section 24. Section 25. Section 26. Section 27. Section 28. Section 28a. Section 29. Section 30. Section
30a. Section 31. Section
31a. Section 32. Section 32a. Section
32b. Section
33. Section
34. Section 34a. Section 35. Section 36. Section 36a. Section 37. Section
38. Section 39. Section 39a. Section 40. Section 41. Section 42. Section 43. Section 44. Section 45. Section 46. Section 47. Section 48. Section 49. Section
50. Section 50a. Section 51. Section 52. Section
52a. Section 52b. Section
53. Section 53a. Section 54. Section 55. Section 56. Section 57. Section 58. Section
59. Section 60. Section 61. Section
62. Section 63. Section 63a. Section 63a. Section 64. Section 65. Section 66. Section 67. Section 68. Section 68a. Section 69. Section 70. Section 71. Section 72. Section 73. Section 74. Section 75. Section 76. Section 77. Section 78. Section 79.
COPYRIGHT ACT 1957 [14 of
1957] An Act to amend and consolidate the law relating to
copyright Be it enacted by Parliament in the Eighth Year of the
Republic of India as follows :- I. PRELIMINARY
CHAPTER
I Preliminary (1) This Act may be called the Copyright Act 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may by notification in the Official Gazette appoint.
2.
Interpretation
In this Act unless the context otherwise requires -
(a) "adaptation" means -
(i) in relation to a dramatic work the conversion of the work
into a non-dramatic work;
(ii) in relation to a literary work or an artistic work the
conversion of the work into a dramatic work by way of performance in
public or otherwise;
(iii) in relation to a literary or dramatic work any
abridgement of the work or any version of the work in which the
story or action is conveyed wholly or mainly by means of pictures in
a form suitable for reproduction in a book or in a newspaper,
magazine or similar periodical;
(iv) in relation to a musical work any arrangement or
transcription of the work; and
(v) in relation to any work 'any use of such work involving
its re-arrangement or alteration';
(b) "work of architecture" means any building or structure
having an artistic character or design or any model for such
building or 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) an architectural work of art; 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;
(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;
(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 1st day of January; (f) "cinematograph firm" means any work of visual recording
on any medium produced through a process from which a moving image
may be produced by any means and includes a sound recording
accompanying such visual recording and "cinematograph" shall be
construed as including any work produced by any process analogous to
cinematography including video films;
(ff) "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 broadcast;
(h) "dramatic work" includes any piece for recitation,
choreographic work or entertainment in dumb show the scenic
arrangement or acting form of which is fixed in writing or otherwise
but does not include a cinematograph film;
(hh) "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 licencee and persons authorised by him to the
exclusion of all other persons (including the owner of the
copyright) any right comprised in the copyright in a work and
exclusive licensee shall be construed accordingly;
(k) "government work" means a work which is made or published
by or under the direction or control of -
(i) the government or any department of the government;
(ii) any Legislature in India;
(iii) any court Tribunal or other judicial authority in
India;
(l) "Indian work" means a literary dramatic or musical work -
(i) the author of which is a citizen of India; or
(ii) which is first published in India; or
(iii) the author of which in the case of an unpublished work,
is at the time of the making of the work a citizen of India;
(m) "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;
(o) "literary work" includes computer programmes tables and
compilations including computer data basis;
(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;
(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) [Omitted by Copyright (Amendment) Act 1994.]
(s) "photograph" includes photo-lithograph and any work
produced by any process analogous to photography but does not
include any part of a cinematograph film;
(t) "plate" includes any stereotype or other plate stone
block mould matrix transfer negative 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 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;
(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) [Omitted by Act 23 of 1983]
(w) [Omitted by Act 38 of 1994] (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 record;
(z) "work of joint authorship" means a work produced by the
collaboration of two or more authors in which the contribution of
one author is not distinct from the contribution of the other author
or authors;
(za) "work of sculpture" includes casts and models.
3. Meaning of publication
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. 4. When work not deemed to be published or performed in
public
Except in relation to infringement of copyright a work shall
not be deemed to be published or performed in public if published or
performed in public without the licence of the owner of the
copyright.
5. When work deemed to be first published in India
For 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 the publication in such other country does not exceed thirty
days or such other period as the Central Government may in relation
to any specified country determine.
6.[Note: Subs. by Act 38 of 1994,
S.4 (w.e.f. a date to be notified) Certain disputes to be decide
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 tha provided in respect of that work under this
Act, Provided that if in the opinion of the Copyright Board, the
issue of copies or communication to the public referred to in
Section 3 was of an insignificant nature, it shall not be deemed to
be publication for the purposes of that section.] 7.
Nationally of author were the making of unpublished work is extended
over considerable period- Where,
in the case of an unpublished work the making of the work is
extended over a considerable period, the author of the work shall,
for the purposes of this Act, be deemed to be a citizen of, or
domiciled in, that country of which he was a citizen or wherein he
was domiciled during any substantial part of that period. 8. Domicile
of corporations CHAPTER
II Copyright Office And Copyright
Board 9. (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.
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 of
Copyrights such functions of the Registrar under this Act as the
Registrar may, from time to time, assign to him : and any reference
in this Act to the Registrar of Copyrights shall include a reference
to a Deputy Registrar of Copyrights when so discharging any such
functions. 11.
Copyright Board- (1) As soon as
may be after the commencement of this Act, the Central Government
shall constitute a Board to be called the Copyright Board which
shall consist of a Chairman and not less than two nor more than [(Note: Subs. by Act 38 of 1994,
S.5 (w.e.f. a date to be notified). 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 (Note: Word "the Supreme Court
or " omitted by Act 38 of 1994, S.5 (w.e.f. a date to be notified) a
High Court or is qualified for appointment as a Judge of a High
Court. (4) The Chairman of the Copyright shall be the Secretary of
the Copyright Board and shall perform such functions as may be
perscribed. 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 time of its sittings: Provided that the Copyright Board shall ordinarily hear and
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 1 5 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. [(Note: Ins. by Act 38
of 1994, S.6 (w.e.f. a date to be notified) 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. [(Note: Subs. by Act
38 of 1994, S.6 (w.e.f. a date to be notified) Provided that
where there is no such majority, the opinion of the Chairman shall
prevail.] (4) The [Chairman(Note: Subs. for "Copyright
Board" by Act 38 of 1994, S.6 (w.e.f. a date to be notified)]
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 members 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 [(Note:
Subs. by Act 23 of 1983, S.6 (w.e.f. 9-8-1984) 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, 1860 (45 of 1860). CHAPTER
III Copyright
13.
Works in which copyright subsists- (1) Subject to the provisions of this section and the other
provisions of this Act, copyright shall subsist throughout India in
the following classes of works, that is to say- a.
original, literary, dramatic, musical and artistic works,
b.
cinematograph films, and c.
[(Note: Subs. by Act
38 of 1994, S.2 (w.e.f. a date to be notified) for "records"
sound recordings.] (2) Copyright shall not subsist in any work specified in sub
section (1), other than a work to which the provisions of Section 40
or Section 41 apply, unless- i.
in the case of 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 a [(Note: Subs. by Act 38 of 1994,
S.2 (w.e.f. for "records") work of architecture], the author is
at the date of making of the work a citizen of India or domiciled in
India, and iii.
in the case of a [(Note: Subs. by Act 38 of 1994,
S.2 (w.e.f. for "records")] 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 [(Note: Subs.
by Act 38 of 1994, S.2 (w.e.f. for "records")] sound recording
made in respect of a literary, dramatic or musical work, it in
making the [(Note: Subs. by
Act 38 of 1994, S.2 (w.e.f. for "records")] sound recording,
copyright in such work has been infringed. (4) The copyright in a cinematograph film or a [(Note: Subs. by Act 38 of 1994,
S.2 (w.e.f. for "records")] sound recording shall not affect the
separate copyright in any work in respect of which a substantial
part of which, the film, or as the case may be, the [(Note: Subs. by Act 38 of 1994,
S.2 (w.e.f. for "records")] sound recording is made. (5) In the case of a work or architecture, copyright shall
subsist only in the artistic character and design and shall not
extend to processes or methods or construction. NOTES "Original" Meaning - The
word 'original' does not in this connection mean that the work must
be the expression or original or inventive though, Copyright Acts
are not concerned with the origin of ideas, but with the expression
of though; and in the case of 'literary work' with the expression of
thought in print or writing. The originality which is required
relates to the expression of the thought; but the Act does not
require that the expression must be in an original or novel form,
but that the work must not be copied from another work - that it
should originate from the author. In order to obtain copyright production for literary,
domestic, musical and artistic works, the subject dealt with need
not be original , nor the ideas expressed be something novel. What
is required is the expenditure of original skill or labour in
execution and not originality of thought. No original thought or original research is required in order
that a literary work may be deemed to be original. The standard of
originality which is required is a low one. In modern complex society provisions have to be made for
protecting every man's copyright, whether high or small, whether
involving a high degree of originality as in a new poem or picture,
or only originality at the vanishing point as in a law report. Copyright in abridgement - Strictly speaking, an abridgement of an author's work means a
statement designed to be complete and accurate of the thoughts,
opinions, and ideas by him expressed therein, but set forth much
more concisely in the compressed language of the abridger. Selections - Where the
plaintiff's selection of poems was borrowed by the defendants, it
was held that defendants book had infringed the copyright of the
plaintiff. The true principle in all these cases is, that the
defendant is not at liberty to use or avail himself of the labour
which the plaintiff has been at for the purpose of producing his
work, that is, in fact, merely to take away the result of another
man's labour, or, in other words, his property. Reports
of judgments - It is generally
true that in the reports of judgements the reporter has no
copyright, but is cannot be said that in the selection of cases and
in the arrangement of the reporting the reporter has not the
protection of law. The defendant is entitled to report such
judgements as he obtains by expenditure of his time, labour and
money but where he fails to exert his own energies, he cannot be
allowed to avail himself of other people's industry. "Whilst all are entitled to resort to common sources of
information none are entitled to save themselves trouble and expense
by availing themselves for their own profit of other men's works,
subject to copyright and entitled to protection." Question papers - In a
Patna case it has been held that question papers set at examination
are original literary works though the paper-setter may have copied
questions from textbooks. Persons who set the question papers are authors of the work
and they are the first owners of the copyright therein. 14.
[(Note: Subs. by Act 38 of 1994,
S.7 (w.e.f. a date to be notified) 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) a.
in the case of a computer programme- a.
to do any of the acts specified in clause (a)
i.
to sell or give on hire, or offer for sale or hire, any copy
of the computer programme, regardless of whether such copy has been
sold or given on hire on earlier occasions a.
in the case of an artistic work,- a.
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, i.
to issue copies of the work to the public not being copies
already in circulation ii.
to issue copies of the work to the public not being copies
already in circulation iii.
to include the work in any cinematograph film,
iv.
to make any adaptation of the work v.
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)
a.
in the case of a cinematograph film- a.
To make a copy of the film, including a photograph of any
image forming part thereof. i.
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. ii.
To communicate the film to the public a.
in the case of a sound recording- a.
to make any other sound recording embodying it,
i.
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, ii.
to communicate the sound recording to the public
Explanation - For the
purposes of this section, a copy which has been sold once shall be
deemed to be a copy already in circulation.] 15.
Special provision regarding copyright in designs registered or
capable of being registered under the (Note: Words "Indian
Patents and" omitted by Act 23 of 1983, S.7 (w.e.f.9-8-1984) Designs Act, 1911.- (1)
Copyright shall not subsist under this Act in any design which is
registered under the (Note:
Words "Indian Patents and" omitted by Act 23 of 1983, S.7
(w.e.f.9-8-1984) Designs Act, 1911 ( 2 of 1911). (2) Copyright in any design, which is capable of being
registered under the (Note:
Words "Indian Patents and" omitted by Act 23 of 1983, S.7
(w.e.f.9-8-1984) 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 reproduced more than fifty
times by an industrial process by the owner of the copyright or,
with his licence, by any other person. 16. No
copyright except as provided in this Act- No person shall be entitled to copyright or any similar
right in any work, whether published or unpublished, otherwise than
under and in accordance with the provisions of this Act or of any
other law for the time being in force, but nothing in this section
shall be construed as abrogating any right or jurisdiction to
restrain a breach of trust or confidence. CHAPTER
IV Ownership of Copyright and the
Rights of the Owner 17.
First owner of copyright- Subject
to the provisions of this Act, the author of a Work shall be the
first owner of the copyright therein : Provided that – a.
in the case of a literary, dramatic or artistic work made by
the author in the course of his employment by the proprietor of a
newspaper, magazine or similar periodical under a contract of
service or apprenticeship, for the purpose of publication in
newspaper, magazine or similar periodical, the said proprietor
shall, in the absence of any agreement to the contrary, be the first
owner of the copyright in the work in any newspaper, magazine or
similar periodical, or to the reproduction of the work for the
purposes 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 f the author’s
employment under a contract of service or apprenticeship, to which
clause (a) or clause (b) does not apply, the employer shall, in the
absence of any agreement to the contrary, be the first owner of the
copyright therein. cc.
[(Note: Ins. by Act 23
of 1983, S.8 (w.e.f. 9-8-1984) 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 f 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;]
a.
In the case of a Government work, Government shall, in the
absence of any agreement to the contrary, be the first owner of the
copyright therein. dd.
[(Note: Ins. by Act 23
of 1983, S.8 (w.e.f. 9-8-1984) 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
28-A, "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. 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) Whereas the assignee of a copyright becomes entitled to
any right comprised in the copyright, the assignee as respects the
rights to assigned, and the assignor as respects the rights not
assigned, shall be treated for the purposes of this Act as the owner
of copyright and the provisions of this Act shall have effect
accordingly. (3) In this section, the expression, "assignee" as respects
the assignment of the copyright in any future work includes the
legal representatives of the assignee, if the assignee dies before
the work comes into existence. 19.
Mode of assignment – [(Note: S.19 renumbered as
sub-section (1) thereof by Act 23 of 1983, S.9 (w.e.f. 9-8-1984)
(1)] No assignment of the copyright in any work shall be valid
unless it is in writing signed by the assignor or his duly
authorised agent. (2) [(Note: Subs. by
Act 38 of 1994, S.8 (w.e.f. a date to be notified) The
assignment of copyright in nay 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.] 19-A.
[(Note: Subs. by Act 38 of 1994,
S.9 (w.e.f. a date to be notified) Dispute with respect to
assignment of copyright- (1) If an assignee fails to make
sufficient 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 of 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.] 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 in so far as the testator was the owner of the copyright
immediately before his death. Explanation- In this section, the expression "manuscript"
means the original document embodying the work, whether written by
hand or not. 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 provision 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). CHAPTER
V Term of Copyright
22.
Term of copyright in published literary, dramatic, musical and
artistic works - Except as
otherwise hereinafter provided, copyright shall subsist in any
literary, dramatic, musical or artistic work (other than a
photograph) published within the lifetime of the author until [(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
sixty years] from the beginning of the calendar year next
following year in which the author dies. Explanation – In this
section the reference to the author shall, in the case of a wok of
joint authorship, be construed as a reference to the author who dies
last. 23.
Term of copyright in anonymous and pseudonymous works
- (I) in the case of a literay,
dramatic, musical or artistic work (other than photograph), which is
published anonymously, copyright shall subsist until [(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
sixty years] from the beginning of the calendar year next
following the years in which the work is fist published. Provided that where the identity of the author is disclosed
before the expiry of the said period, copyright shall subsist until
[(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
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 author is disclosed, as
references to that author, b.
where the identity of more author than one is disclosed, as
reference to the author who dies last from amongst such authors.
(3) In such 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 the authors are not pseudonymous, 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 pseudonymous and the authors whose names are
pseudonyms and 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 authors
whose identity is disclosed or if the identity of two or more of
such authors is disclosed, as references to such of those authors
who dies last. Explanation- For the purposes of this section, the identity
of an author shall be deemed to have been disclosed, if either the
identity of the author is disclosed publicly by both the author and
the publisher or is otherwise established to the satisfaction of the
Copyright Board by that author. 24. Term of copyright
in posthumous works – (1) in the
case of a literary, dramatic or musical work or an engraving, in
which copyright subsist 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 [(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
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 f 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
[(Note: Subs. by Act 38 of
1994, S.2(xii) (w.e.f. a date to be notified) sound recordings]
made in respect of the work have been sold to the public or have
been offered for sale to the public. 25.
Term of copyright in photographs – In the case of a photograph, copyright shall subsist until
[(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
sixty years] from the beginning of the calendar year next
following the year in which the photograph is published. 26.
Term of copyright in cinematograph films- in the case of a cinematograph film, copyright shall
subsist until [(Note: Subs.
by Act No.13 of 1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of
Act No.13 of 1992 reads: "3. Copyright not to subsist if term has
expired - For the removal of doubts, it is hereby declared that
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.") sixty years] from the beginning of the calendar
year next following the year which the film is published. 27.
Term of copyright in [(Note: Subs. by Act 38 of 1994,
S.2(xii) (w.e.f. a date to be notified)) sound recordings] – In the
case of a [(Note: Subs. by
Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound
recording], copyright shall subsist until [(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
sixty years] from the beginning of the calendar year next
following the year in which the [(Note: Subs. by Act 38 of 1994,
S.2(xii) (w.e.f. a date to be notified)) sound recording] is
published. 28. Term of copyright
in government work 28-A. [(Note: Ins. by Act 23 of 1983,
S.11 (w.e.f. 9-8-1984) 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 [(Note:
Subs. by Act No.13 of 1992, S.2, w.e.f. 28-12-1991. In this regard
S.3 of Act No.13 of 1992 reads: "3. Copyright not to subsist if term
has expired - For the removal of doubts, it is hereby declared that
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.") Sixty years] from the beginning of the calendar
year next following the year in which the work is first
published.] 29.
Term of copyright in works of international
organisation- In the case of a
work of an international organisation to which the provision
of Section 41 apply, copyright shall subsist until [(Note: Subs. by Act No.13 of
1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of
1992 reads: "3. Copyright not to subsist if term has expired - For
the removal of doubts, it is hereby declared that 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.")
sixty years] from the beginning of the calendar year next
following the year in which the work is first published. CHAPTER
VI Licences
30.
Licences by owners of copyright-
The owner of the copyright in any existing work or the prospective
owner of the copyright in any future work may grant any interest in
the right by licence in writing signed by him or by his duly
authorised agent. Provided that in the case of a licence relating to copyright
in any future work, the licence shall take effect only when the work
comes into existence. Explanation – When 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 benefit of the licence. 30-A. [(Note: Ins. by Act 38 of 1994,
S.10 (w.e.f. a date to be notified)) Application of Sections 19 and
19-A. The provision of Sections 19 and 19-A shall, with any
necessary adaptations and modifications, apply in relation to a
licence under Section 30 as they apply in relation to assignment of
copyright in a work.] 31.
Compulsory licence in works with held from public- (1) If at any time during the term of copyright
in any Indian work which has been published or performed in public,
a complaint is made to the Copyright Board that the owner of
copyright in the work- a.
has refused to republish or allow the republication of the
work or has refused to allow the performance in public of the work,
and by reason of such refusal the work is with held from the public,
or b.
has refused to allow communication to the public by [(Note: Subs. for
"radio-diffusion" by Act 23 of 1983, S.2 (w.e.f. 9-8-1984))
broadcast] of such work or in the case of a [(Note: Subs. by Act 38 of 1994,
S.2 (xii) (w.e.f. a date to be notified)) sound recording] the
work recorded in such [(Note:
Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified))
sound recording,] on terms which the complainant considers
reasonable; The Copyright Board, after giving to the owner of the
copyright in the work reasonably opportunity of being heard and
after holding such inquriy, as it may deemed 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 [(Note: Subs. for
"radio-diffusion" by Act 23 of 1983, S.2 (w.e.f. 9-8-1984))
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 of the
complainant in accordance with the direction of the Copyright Board,
on payment of such fees, 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 [(Note: Subs. by Act 38 of 1994,
S.2 (xii) (w.e.f. a date to be notified)) 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. 31-A. [(Note: Ins. by
Act 23 of 1983, S.12 (w.e.f. 9-8-1984)) Compulsory licence in
unpublished Indian works- (1) Where in the case of an Indian
work referred to in sub clause (iii) of clause (I) 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
applicants shall publish his proposal in one issue of a daily
newspaper in the English language having circulation in the major
part of thee country and where the application is for the
publication of a translation in any language, also in one issue of
any daily newspaper in that language. (3) Every such application shall be made in such form as may
be prescribed and shall be accompanied with a copy of the
advertisement issued under sub section (2) and such fee as may be
prescribed. (4) Where an application is made to the Copyright Board under
this section, it may, after holding such inquiry as may be
prescribed, direct the Registrar of Copyrights to grant to the
applicant a licence to publish the work or a translation thereof, in
the language mentioned in the application subject to the payment of
such royalty and subject to such other terms and conditions as the
Copyright Board may determine, and thereupon the Registrar of
Copyrights shall grant the licence to the applicant in accordance
with the direction of the copyright Board. (5) Where a licence is granted under this section, the
Registrar of Copyrights may, by order, direct the applicant to
deposit the amount of the royalty determined by the Copyright Board
in the public account of India or in any other account specified by
the Copyright Board so as to enable the owner of the copyright or,
as the case may be, his heirs, executors or the legal
representatives to claim such royalty at any time. (6) Without prejudice to the foregoing provisions of this
section, in the case of a work referred to in sub section (1), if
the original author is dead, the Central Government may, if it
considers that the publication of the work is desirable in the
national interest, require the heirs, executors or legal
representatives of the author to publish such work such period as
may be specified by it. (7) Where any work is not published within the period
specified by the Central Government under sub section (6), the
Copyright Board may, on an application made by any person for
permission to publish the work and after hearing the parties
concerned, permit such publication on payment of such royalty as the
Copyright Board may, in the circumstances of such case, determine in
the prescribed manner. 32.
Licence to produce and publish translations- (1) Any person may apply the Copyright Board for
a licence to produce and publish a translation of a literary or
dramatic work in nay language [(Note: Ins. by Act 23 of 1983,
S.13 (w.e.f. 9-8-1984)) after a period of seven years from the
first publication of the work]. (1-A) [(Note: Ins. by
Act 23 of 1983, S.13 (w.e.f. 9-8-1984)) Notwithstanding 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 is general use in India
after a period of three years from the first publication of such
works, 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 [(Note:
Subs. for "such application" by Act 23 of 1983, S.13 (w.e.f.
9-8-1984)) 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 the application, deposit with the registrar of Copyrights
such fees as may be prescribed. (4) Where an application is made to the Copyright Board under
this section, 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 [(Note: Subs. by
Act 23 of 1983, S.13 (w.e.f. 9-8-1984)) the application-
Provided that nothing in a clause (ii) shall apply to the
export by Government or nay authority under the Government of copies
of such translation in a language other than the English, French, or
Spanish to any country if-
[(Note: Subs. for
"Provided that no such licence" by Act 23 of 1983, S.13 (w.e.f.
9-8-1984)) 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 o the copyright in
the work or nay person authorised by him, [(Note: Subs. by Act 23 of 1983,
S.13 (w.e.f. 9-8-1984)) within seven years or three years or one
year, as the case may be, of the fist 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 [(Note: Subs. by Act 23
of 1983, S.13 (w.e.f. 9-8-1984)) 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 [(Note: Subs. by Act 23 of 1983,
S.13 (w.e.f. 9-8-1984)) such authorisation by registered airmail
post to the publisher whose name appears from the work, and in the
case of an application for a licence under sub section (1)] not less
than two months before [(Note: Subs. by Act 23 of 1983,
S.13 (w.e.f. 9-8-1984)) such application].
a.
[(Note: Ins. by Act 23
of 1983, S.13 (w.e.f. 9-8-1984)) a period of six months in the
case of an application under Section (1-A) ( not being an
application under the proviso thereto), or nine months in the case
of an application under the priviso 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
(1-A),- 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
provision of Section 32-A are also complied with.
a.
the Copyright Board is satisfied that the applicant is
competent to produce and publish a correct translation of the work
and posses the means to pay to the owner of the copyright the
royalties payable to him under this section. b.
The author has not withdrawn from circulation copies of the
work, and c.
An opportunity of being heard is given, wherever practicable,
to the owner of the copyright in the work. (5) [(Note: Ins. by
Act 23 of 1983, S.13 (w.e.f. 9-8-1984)Any broad casting
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 (1-A) and published in
printed or analogous forms of reproduction, or
b.
Any text incorporated in audio visual fixations prepared and
published solely for the purposes of systematic instructional
activities. For broadcasting such translation for the purposes of
teaching for the dissemination of the results of speacialised,
technical or scientific research to the experts in any particular
field. (6) The provisions of sub sections (2) to (4) in so far as
they are relatable to an application under sub section (1-A) 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 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 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 association or body persons for commercial purposes;
d.
"purposes of teaching, research or scholarship, includes-
a.
purposes of instructional activity at all levels in education
institutions, including Schools, Colleges, Universities and tutorial
institutions, and (ii) purposes of all other types of organised educational
activity.] 32-A.
[Note: Ins. by Act 23 of 1983.
S.14 (w.e.f. 9-8-1984) Licence 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 forms as may
be prescribed and shall state the proposed retail price of a copy of
the work to be reproduced. (3) Every applicant for a licence under this section shall,
along with his application, deposit with the Registrar of Copyrights
such fee as may be prescribed. (4) Where an application is made to the Copyright Board under
this section, it may, after holding such inquiry as may be
prescribed, grant to the applicant a licence, not being an exclusive
licence, to produce and publish a reproduction of the work mentioned
in the application subject to the condition that ,- a.
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. i.
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 to 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 airmail 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 audoi-visual
fixation 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 dare 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 sicence,
mathematics or technology, and c.
Five years from the date of the first publication of that
work, in any other case. 32.B. Termination of licences issued
under this Chapter- (1) If, at nay time after the granting of a
licence to produce and publish the translation of a work in any
language under sub section (1-A) of section 32 (hereafter in this
sub section referred to as the licensed work) , the owner of the
copyright in the work or any person authorised by him publishes a
translation of such work in the same language and which is
substantially the same in content at a price reasonably related to
the price normally charged in India for the translation of works of
the same standard on the same or similar subject, the licence so
granted shall be terminated. Provided that no such termination shall take effect until
after 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 intimation 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 32-A, 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 or 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 continue to be sold or
distributed until the copies already produced are exhausted. CHAPTER
VII Copyright Societies
Note: Chapter VII subs. by Act 38 of 1994, S.11 (w.e.f. a
date to be notified)) 33.
Registration of copyright society- (1) No person or association of persons shall, after coming
into force of the Copyright (Amenement) 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 this 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 one year from the date of commencement of
the Copyright (Amendment) Act, 1994. (2) Any association of persons which 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 interest
of the authors and other owner of rights under this Act, the
interest and convenience of the public and in particular of the
groups of persons who are most likely to seek licences in
applicants, register such association of persons as a copyright
society to such conditions as may be prescribed. Provided that the Central Government shall not ordinarily
register more than one copyright society to do business in respect
of the same class of works. (4) The Central Government may, if it is satisfied that a
copyright society is being managed in a manner detrimental to the
interest 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 and administrator to discharge the functions of the
copyright society. 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 copyright society ot 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 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.
(i) Issue licences under Section 30 in repect 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, ii.
(iv) Perform any other functions consistent with the
provisions of Section 35. 34-A. 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 is circulation: Provided that such scheme shall restrict payment to the
owners of rights whose works have attained a level of circulation
which the copyright society considers reasonable. 35.
Control over the copyright society by the owner of
rights – (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
procedure of collection and distribution of fees.
b.
Obtain their approval for the utilisation of any amounts
collected as fees for any purposes other than distribution to the
owner of rights, and c.
Provide to such owners regular, full and detailed information
concerning all its activities, in relation to the administration of
their rights. (2) All fees distributed among the owners of rights shall, as
far as may be, be distributed in proportion to the actual use of
their works. 36.
Submission of returns and reports- (1) Every copyright society shall submit to the Registrar if
Copyright 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 record 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. 36-A. 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. (Note:
subs. by Act 38 of 1994, S.12 (w.e.f. a date to be notified)) CHAPTER
VIII Rights of Broadcasting
Organisation and of Performers 37.
[(Note: Subs. by Act 38 of 1994,
S.13 (w.e.f. a date to be notified)) Broadcast reproduction right -
(1) Every broadcasting organistaon shall have a special right to
the know 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 in made.
(3) During the continuance of a broadcast reproduction right
in relation to an broadcast, any person who, without the licence of
the owner of the right does nay of the following acts of the
broadcast or any substantial part thereof,- a.
rebroadcasts the broadcast, or b.
causes the broadcasts 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 licence, for any purposes not envisaged by such
licence, or e.
sells or heirs 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 broadcast reproduction right. 38.
[(Note: Subs. by Act 38 of 1994,
S.14 (w.e.f. a date to be notified)) 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 twenty-five
years from the beginning of the calendar year next following the
year in which the performance is made. (3) During the continuance of 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-
a.
made without the performer’s consent, or
i.
made for purposes different from those for which the
performer gave his consent, or ii.
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
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 provision of sub
sections (1), (2) and (3) shall have no further application to such
performance.] 39.
[(Note: Ss. 39 and 39-A subs. for
S.39 by Act 38 of 1994, S.15 (w.e.f. a date to be notified)) 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 excepts 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. 39-A.
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. CHAPTER
IX International Copyright
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 work first published in any territory outside India to
which the order related 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 case where the author was dead at the
date, was at the time of his death, a subject or citizens of 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
copying 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 case 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. 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 organsiation to which the 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 purposes of holding, dealing
with, and enforcing copyright and in connection with all legal
proceeding relating to copyright. (3) The organisation to which this section applies are such
organisation as the Central Government may, by order published in
the Official Gazette, declare to be organisation 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. 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 organsiation to which the 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 purposes of holding, dealing
with, and enforcing copyright and in connection with all legal
proceeding relating to copyright. (3) The organisation to which this section applies are such
organisation as the Central Government may, by order published in
the Official Gazette, declare to be organisation of which one or
more sovereign powers or the Government or Governments thereof are
members to which it is expedient that this section shall apply. 42.
Power to restrict rights in works of foreign authors first published
in India - If it appears to the
Central Government that a foreign country does not give or has not
undertaken to give adequate protection to the works of Indian
authors, the Central Government may, by order published in the
Official Gazette, direct that such of the provisions of this Act as
confer copyright on works first published 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. 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
44.
Register of Copyright – 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 address of authors,
publishers and owners of copyright and such other particulars as may
be prescribed. 45.
Entries in Register of Copyrights- (1) The author or published 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. [(Note: Added by Act
23 of 1983, S.16 (w.e.f. 9-8-1984) Provided that in respect of
an artistic work which in 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 than 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 applicant in respect of any work under
sub section (1), the Registrar of Copyrights may, after holding any
such inquiry as he may deem fit, enter the particulars of the work
in the Register of Copyrights. NOTES
Registration not essential - Registration is not a condition precedent for filing any
action against infringement of copyright. The provision is optional
and is only intended to provide a prima facie proof of the
particulars. Non-registration does not deprive the owner of copyright of
his right to bring both criminal and civil action. 46.
Indexes – There shall be also
kept at the Copyright Office such indexes of the Register of
Copyrights, as may be prescribed. 47.
Form and inspection of register.-
The register of Copyrights and indexes thereof kept under this Act
shall at all reasonable times be open to inspection, and any person
shall be entitled to take copies of, or make extracts from, such
register or indexes on payment of such fee and subject to such
conditions as may be prescribed. 48.
Register of Copyrights to be prima facie evidence of particulars
entered therein- The Register of
Copyright shall be prima facie evidence of the particulars entered
therein and documents purporting to be copies of any entries
therein, or extracts therefrom certified by the Registrar of
Copyrights and sealed with the seal of the Copyright Office shall be
admissible in evidence in all courts without further proof or
production of the original. 49.
Correction of entries in the Register of Copyrights-
The Register of Copyrights may,
in the prescribed cases and subject to the prescribed conditions,
amend or alter the Register of Copyrights by- a.
correcting any error in any name, address or particulars, or
b.
correcting any other error which may have arisen therein by
accidental slip or omission. 50.
Rectification of Register by Copyright Board- The Copyright Board, on application of the
Registrar of Copyrights or of any person aggrieved, shall order the
rectification of the Register of Copyrights by- a.
the making of any entry wrongly omitted to be made in the
register, or b.
the expunging of any entry wrongly made in, or remaining on,
the register, or, c.
the correction of any error or defect in the register. 50A - [(Note: Ins. by Act 23 of 1983,
S.17 (w.e.f. 9-8-1984)) Entries in the Register of
Copyrights, etc. to be published- 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. CHAPTER
XI Registration of Copyright
51.
When copyright infringed-
Copyright in a work shall be deemed to be infringed- a.
when any person, without a licence granted by the owner of
the Copyright or the Registrar of Copyrights under this Act or in
contravention of the conditions of a licence so granted or of any
conditions 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 ii.
[(Note: Subs. by Act
38 of 1994, S.16(1) (w.e.f. a date to be notified)) 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] a.
when any person- i.
make for sale on 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 purposes 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 (Omitted by
Act 65 of 1984, S.3 (w.e.f. 8-10-1984)) into India,
any infringing copies of the work: [(Note: Subs. by Act
38 of 1994, S.16(2) (w.e.f. a date to be notified)) Provided
that nothing in such 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". Comment: Thus, on a
careful consideration and elucidation of the various authorities and
the case law on the subject discussed above, the following
propositions emerge : 1. There can be no copyright in an idea, subject-matter,
themes, plots or historical or legendary facts and violation of the
copyright in such cases is confined to the form, manner and
arrangement and expression of the idea by the author of the
copyrighted work. 2. Where the same idea is being developed in a different
manner, it is manifest that the source being common, similarities
are bound to occur. In such a case the courts should determine
whether or not the similarities are on fundamental or substantial
aspects of the mode of expression adopted in the copyrighted work.
If the defendant's work is nothing but a literal imitation of the
copyrighted, work with some variations here and there it would
amount to violation of the copy-right. In other words, in order to
be actionable the copy must be a substantial and material one which
at once leads to the conclusion that the defendant is guilty of an
act of piracy. 3. One of the surest and the safest test to determine whether
or not there has been a violation of copyright is to see if the
reader, spectator or the viewer after having read or seen both the
works is clearly of the opinion and gets an unmistakable impression
that the subsequent work appears to be a copy of the original. 4. Where the theme is the same but is presented and treated
differently so that the subsequent work becomes a completely new
work, no question of violation of copyright arises. 5. Where however apart from the similarities appearing in the
two works there are also material and broad dissimilarities which
negative the intention to copy the original and the coincidences
appearing in the two works are clearly incidental no infringement of
the copyright comes into existence. 6. As a violation of copyright amounts to an act of piracy it
must be proved by clear and cogent evidence after applying the
various tests laid down by the case law discussed above. 7. Where, however, the question is of the violation of the
copyright of stage play by a film producer or a Director the task of
the plaintiff becomes more difficult to prove piracy. It is manifest
that unlike a stage play a film has a much broader perspective,
wider field and a bigger background where the defendants can by
introducing a variety of incidents give a colour and complexion
different from the manner in which the copyrighted work has
expressed the idea. Even so, if the viewer after seeing the film
gets a totality of impression that the film is by and large a copy
of the original play, violation of the copyright may be said to be
proved. R G. Anand v. M/s.
Delux Films, AIR 1978 SUPREME COURT 1613 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 [not being a computer programme (Note: Ins. by Act 38 of 1994,
S.17 (w.e.f. a date to be notified))] for the purposes of –
i.
[(Note: Subs. by Act
38 of 1994, S.17 (w.e.f. a date to be notified)) private use,
including research:] ii.
criticism or review, whether of that work or of any other
work. aa.
[(Note: Ins. by Act 38
of 1994, S.17 (w.e.f. a date to be notified)) 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 utilize the computer programme for the purposes
for which ti was supplied, or ii.
to make back up copies purely as a temporary protection
against loss, destruction or damage in order only to utilize the
computer programme for the purpose for which it was supplied;]
a.
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 [(Note: Subs. for
"radio-diffusion" by Act 23 of 1983, S.2 (w.e.f. 9-8-1984))
broadcast] or in a cinematograph film or by means of
photographs, [(Note: Ins. by Act 23
of 1983, S.18 (w.e.f. 9-8-1984)) Explanation – The publication
of a compilation of address or speeches delivered in public is not a
fair dealing of such work within the meaning of this clause.] a.
The reproduction of a literary, dramatic, musical or artistic
work for the purpose of judicial proceeding or for the purpose a
report of a judicial proceedings; b.
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; c.
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; d.
The reading or recitation in public of any reasonable extract
form a published literary or dramatic work; e.
The publication in a collection, mainly composed on 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
those authors in collaboration with any other person; f.
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 institutions, of a literary, dramatic or musical work by
the staff and students of the institution, or of a cinematograph
film or a [(Note: Subs. by
Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound
recording], if the audience is limited to such staff and students,
the parents and guardians of the students and persons directly
connected with activities of the institution [(Note: Ins. by Act 38 of 1994,
S.17 (w.e.f. a date to be notified)) or the communication to
such an audience of a cinematograph film or sound recording];
j.
[(Note: Subs. by Act
38 of 1994, S.17 (w.e.f. a date to be notified)) The making of
sound recordings in respect of any literary, dramaticor 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 intentions 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 accounts 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 orders 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 shall 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 plant) 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
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 fifty 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 identify is known or,
if the identify 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 Gazette except an
Act if 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 nay 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 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 l.
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. l.
[(Note: subs. by Act
38 of 1994, S.17 (w.e.f. a date to be notified)) the making or
publishing of a painting, drawing, engraving or photograph of a work
of architecture or the display of a work of architecture.]
m.
The making or publishing of a painting, drawing, engraving or
photograph of a sculpture, or other artistic work falling under sub
clause (iii) of clause (e) of Section 2, if such work is permanently
situate in a public place or any premises to which the public has
access. n.
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, l.
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 m.
(Note: Omitted by Act 38 of 1994, S.17 (w.e.f. a date to be
notified)) n.
the reconstruction of a building or structure in accordance
with the architectural drawings or plans by references to which the
building or structure was orginally constructed.
Provided that the original construction was made
with the consent or licence of the owner of the copyright in such
drawings and plans, o.
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 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 acknowledge – 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. l.
[(Note: Ins. by Act 38
of 1994, S.17 (w.e.f. a date to be notified)) 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 purpose 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 includes a marriage
procession and other social festivities associated with a
marriage.] (2) The provision of sub section (I) 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. 52-A.
[(Note: Ins. by Act 65 of 1984,
S.4 (w.e.f. 8-10-1984)) Particulars to be included in
[(Note: Subs. by Act 38
of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound recordings and video
films - (1)No person shall publish a [(Note: Subs. by Act 38 of 1994,
S.2 (xii) (w.e.f. a date to be notified)) sound recording] in
respect of any work unless the following particulars are displayed
on the [(Note: Subs. by Act
38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound
recording] and on nay container thereof, namely :- a.
the name and address of the person who has made the [(Note: Subs. by Act 38 of 1994,
S.2 (xii) (w.e.f. a date to be notified)) sound recording];
b.
the name and address of the owner of the copyright is 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 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 5-A of that Act in respect of such work.
b.
The name and address of the person who has made the video
film and a declaration by him that he has obtained the necessary
licence or consent from the owner of the copyright in such work for
making such video film, and c.
The name and address of the owner of the copyright in such
work.] 52-B.
[(Note: Ins. by Act 38 of 1994,
S.18 (w.e.f. a date to be notified)) Accounts and audit - (1)
Every copyright society appointed under Section 345-A 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 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
53.
Importation of infringing copies - (1) The Registrar of Copyrights, on application by the owner
of the copyright in nay 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 riles 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 [(Note: Subs. for "under Section
19 of the Sea Customs Act, 1871" by Act 23 of 1983, S.19 (w.e.f.
9-8-1984)) under section 11 of the Customs Act, 1962 (51 of
1962)], and all the provisions of that Act shall have effect
accordingly: Provided that all such copies confiscated under the
provisions of the said Act shall not vest in the Government but
shall be delivered to the owner of the copyright in the work. 53-A.
Resale share right in original copies - (1) In the case of resale for a price exceeding ten thousand
rupees, of the original copy of a painting, sculpture on 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.]
CHAPTER
XII Civil Remedies
54.
Definition –For the purposes of
this Chapter, unless the context otherwise requires, the expression,
"owner of copyright" shall include- a.
an exclusive licensee : b.
in the case of an anonymous or pseudonymous literary,
dramatic, musical or artistic work, the publisher of the work, until
the identity of the author or, in the case of an anonymous work of
joint authorship, or a work of joint authorship published under
names all of which are pseudonyms, the identity of any of the
authors, is disclose publicly by the author and the publisher or is
otherwise established to the satisfaction of the Copyright Board by
that author or his legal representatives. 55.
Civil remedies for infringement of copyright - (1) Where copyright is 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
corut 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 provided, to be the
author or the publisher of the work, as the case may be. (3)The costs of all parties in any proceeding in respect of
the infringement of copyright shall be in the discretion of the
court. NOTES
Injunctions - The power of
the Court to grant a temporary injunction is not limited by the
absence of any finding on the question of jurisdiction which has
been raised in the case. The precise rule of law contained in cl. (f), S.56, Specific
Relief Act, cannot, interfere in any way with the discretion of the
Court in regard to a temporary injunction the grant of which should
therefore be governed by other principles. 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
person, 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. 57.
Authors special rights - [(Note: Subs. by Act 38 of 1994,
S.20(w.e.f. a date to be notified)) (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
them satisfaction of the author shall not be deemed to be an
infringement of the right conferred by this section. (2) The right conferred upon an author of a work by sub
section (1), other than the right to claim authorship of the work,
may be exercised by the legal representatives of the author. 58.
Right 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 not 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.
NOTES Infringing copies and price of copies sold can be recovered
by owner of copyright - Gopal Das
v. Jagannath Prasad. AIR 1938 ALL 266. 59.
Restriction on remedies in the case of works of architecture –
(1) Notwithstanding anything
contained in [Note: Subs. for
"the Specific Relief Act,1877" by Act 23 of 1983, S.20 (w.e.f.
9-8-1984)) 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. 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
[(Note: Subs. for "in Section
42 of the Specific Relief Act,1877" by Act 23 of 1983, S.21 (w.e.f.
9-8-1984)) 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 of infringement of the copyright claimed by him. 61.
Owner of copyright to be party to the proceeding – (1) In every civil suit or other proceeding
regarding infringement of copyright instituted by an exclusive
licensee, the owner of the copyright shall, unless the court
otherwise directs, be made a defendant and where such owner is made
a defendant, he shall have the right to dispute the claim of the
exclusive licensee. (2) Where any civil suit or other proceeding regarding
infringement of copyright instituted by an exclusive licensee is
successful, no fresh suit or other proceeding in respect of the same
cause of action shall lie at the instance of the owner of the
copyright. 62.
Jurisdiction of court over matters arising under this Chapter –
(1) Every suit or other civil
proceeding arising under this Chapter in respect of the infringement
of copyright in any work or the infringement of any other right
conferred by this Act shall be instituted in the district court
having jurisdiction. (2) For the purpose of sub section (1), a "district court
having jurisdiction " shall notwithstanding anything contained in
the Code of Civil Procedure, 1908 (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.
CHAPTER
XIII Offences
63.
Offence of infringement of copyright or other rights conferred by
this Act - Any person who
knowingly infringes or abets the infringement of- a.
the copyright in a work, or b.
any other right concerned by this Act [(Note: Ins. by Act 38 of 1994,
S.21 (w.e.f. a date to be notified)) except the right conferred
by Section 53-A] [(Note: Subs. by Act
65 of 1984, S.5 (w.e.f. 8-10-1984)) shall be punishable with
imprisonment for a term which shall not be less than six months but
which may extended 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 [(Note:
Ins. by Act 38 of 1994, S.21 (w.e.f. a date to be notified))
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. 63-A.
[(Note: Ins. by Act 65 of 1984,
S.6 (w.e.f. 8-10-1984)) Enhanced penalty on second and
subsequent convictions – 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
lakhs rupees. Provided that [(Note:
Ins. by Act 38 of 1994, S.22 (w.e.f. a date to be notified))
where the infringement has not been made for again 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 purpose of this section, no
cognizance shall be taken of any conviction made before the
commencement of the Copyright (Amendment) Act, 1984 (65 of
1984).] 63-B.
[(Note: Oct.8, 1984) 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.] 64.
Power of police to seize infringing copies – [Note:
Subs. for sub-section (1) by Act 65 of 1984, S.7 (w.e.f. 8-10-1984))
(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 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 [(Note: Ins. by Act 65 of 1984,
S.7 (w.e.f. 8-10-1984)) , or plates] seized under sub section
(1) may, within fifteen days of such seizure, make an application to
the Magistrate for such copies [(Note: Ins. by Act 65 of 1984,
S.7 (w.e.f. 8-10-1984)) 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. 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 [(Note: Subs. for "one year, or
with fine, or with both" by Act 65 of 1984,S.8 (w.e.f. 8-10-1984))
two years and shall also be liable to fine.] 66.
Disposal of infringing copies or plates for purpose of making
infringing copies - The court
trying and offence under this Act may, whether the alleged offender
is convicted or not, order that all copies of the work or all plates
in the possession of the alleged offender, which appear to it to be
infringing copies, or plates for the purpose of making infringing
copies, be delivered up to the owner of the copyright. 67.
Penalty for making false entries in register etc, for producing or
tendering false entries – Any
person who,- a.
makes or causes to be made a false entry in the Register of
Copyrights kept under this Act, or b.
makes a causes to be made a writing falsely purporting to be
a copy of any entry in such register, or c.
produces or tenders or causes to be produced or tendered as
evidence any such entry or writing, knowing the same to be false.
Shall be punishable with imprisonment which may extend to one
year, or with fine, or with both. 68.
Penalty for making false statements for the purpose of deceiving or
influencing any authority or officer - Any person who, - a.
with a view to deceiving any authority or officer in the
execution of the provisions of this Act, or b.
with a view to procuring or influencing the doing or omission
of anything in relation to this act or any matter thereunder ,
makes a false statement or representation knowing the same to
be false , shall be punishable with imprisonment which may extend to
one year, or with fine, or with both. 68-A.
[(Note: Ins. by Act 65 of 1984,
S.9 w.e.f. 8-10-1984.) Penalty for contravention of
Section 52-A. - Any person who publishes a [(Note: Subs. by Act 38 of 1994,
S.2 (xii) (w.e.f. a date to be notified)) sound recording] or a
video film in contravention of the provisions of Section 52-A shall
be punishable with imprisonment which may extend to three years and
shall also be liable to fine.] 69.
Offences by companies – (1) Where
any offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of,
and was responsible to the company for, the conduct of the business
of the company, as well as the company shall be deemed to be guilty
of such offence and shall be liable to be proceeded against and
punished accordingly. Provided that nothing contained in this sub section shall
render any person liable to nay punishment, if he proves that the
offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub section (1),
where an offence under this Act has been committed by a company and
it is proved that the offence was committed with the consent or
connivance of, or is attributable to any negligence on the part of ,
any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly. Explanation – For the
purposes of this section- a.
"company" means any body corporate and includes a firm or
other association of persons, and b.
"director" in relation to a firm means a partner in the
firm. 70.
Cognizance of offences - No court
inferior to that of [(Note:
Subs. for "a Presidency Magistrate or a Magistrate of the first
class" by Act 23 of 1983, S.22 (w.e.f. 9-8-1984)) a Metropolitan
Magistrate or Judicial Magistrate of the first class] shall try any
offence under this Act.
CHAPTER
XIV Appeals
71.
Appeals against certain orders of Magistrate – Any person aggrieved by an order made under sub
section (2) of Section 64 or Section 66 may, within thirty days of
the date of such order, appeal to the court to which appeals from
the court making he order ordinarily lie, and such appellate court
may direct that execution of the order be stayed pending disposal of
the appeal. 72.
Appeals against orders of Registrar of Copyrights and Copyright
Board - (1) Any person aggrieved
by any final decision or order of the Registrar of Copyrights may,
within three months from the date of the order or decision, appeal
to the Copyright Board. (2) Any person aggrieved by any final decision or order of
the Copyright Broad, not being a decision or order made in an appeal
under sub section (1), may within three months from the date of such
decision or order, appeal to the High Court within whose
jurisdiction the appellant actually and voluntarily resides or
carries on business or personally works for gain. Provided that no such appeal shall lie against a decision of
the Copyright Board under Section 6. (3) In calculating the period of three months provided for an
appeal under this section, the time taken in granting a certified
copy of the order or record of the decision appealed against shall
be excluded. 73.
Procedure for appeals - This 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. 74.
Registrar of Copyrights and Copyright Board to possess certain
powers of civil courts - The
Registrar of Copyright 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 and oath : b.
requiring the discovery and production of any document
c.
receiving evidence on affidavits : d.
issuing commissions for the examinations of witnesses or
documents : e.
requisitioning any public record or copy thereof from any
court or office : f.
any other matter which may be prescribed.
Explanation - For the
purpose of enforcing the attendance of witnesses, the local limits
of the jurisdiction of the Registrar of Copyrights or the Copyrights
Board, as the case may be, shall be the limits of the territory of
India. 75.
Orders for payment of money passed by Registrar of Copyrights and
Copyright Broad 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, de deemed to be a decree of a civil court and
shall be executable in he same manner as a decree of such
court. 76.
Protection of action taken in good faith – No suit or other legal proceeding shall lie against any
person in respect of anything which is in good faith done or
intended to be done in pursuance of this Act. 77. Certain persons to be public
servants – Every officer
appointed under this Act and every member of the Copyright Broad
shall be deemed to be a public servant within the meaning of Section
21 of the Indian Penal Code (45 of 1860). 78.
Power to make rules – (1) The
Central Government may, by notification in the Official Gazette,
make rules (Note: For the
Copyright Rules,1958, see. Gazette of India, Extraordinary, Part II,
Section 3, p.167) 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 Broad b.
The form of complaints and applications to be made, and the
licence to be granted under this Act, c.
The procedure to be followed in connection with any
proceeding before the Registrar of Copyrights,
(ca) [(Note: Ins. by
Act 38 of 1994, S.24 (w.e.f. a date to be notified)) the
conditions for submission of application under sub section (2) of
Section 33, (cb) The conditions subjects to which a copyright society may
be registered under sub section (3) of Section 33. a.
The inquiry for cancellation of registration under sub
section (4) of Section 33 i.
The conditions subject to which the copyright society may
accept authroisation unde 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 manner in which the approval of the owners of rights
regarding collection and distribution of fees, approval for
utilization 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
36. (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;] a.
The manner of determining any royalties payable under this
Act, and the security to be taken for the payment of such royalties;
(da) [(Note: Ins. by Act 38 of 1994,
S.24 (w.e.f. a date to be notified)) 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 (I) of Section 52-B.] b.
The form of Register of Copyrights to be kept under this Act
and the particulars to be entered therein. c.
The matters in respect of which the Registrar of Copyrights
and the Copyright Board shall have powers of a civil court.
d.
The fees which may be payable under this Act.
e.
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) [(Note: Subs. for
sub-section 3 by Act 23 of 1983, Section 23 (w.e.f. 9-8-1984))
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 session aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should
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 such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.] 79.
Repeals, savings and transitional provisions – (1) The Indian Copyright Act, 1914 (3 of 1914),
and the Copyright Act of 1911 passed by the Parliament of the Untied
Kingdom as modified in its application to India by the Indian
Copyright Act, 1914, are hereby repealed. (2) Where nay person has , before the commencement of this
Act, taken any action whereby he has incurred and expenditure or
liabilities in connection with the reproduction or performance of
any work in a manner which at the time was lawful or for the purpose
of or with a view to the reproduction or performance of a work at a
time when such reproduction or performance would, bur for the coming
into force of this Act, have been lawful, nothing in this section
shall diminish or prejudice any rights or interest 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
such copyright shall, as form the date of such commencement, e 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 first owner of the
copyright in the work under any Act repealed by sub section (1) or
his legal representatives. (5) Except as otherwise provided in this Act, where any
person is entitled immediately before the commencement of this Act
to copyright in any work or any right in such copyright or to an
interest in any such right, he shall continue to be entitled to such
right or interest for the period which he would have been entitled
thereto if this Act and 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 Clause Act, 1897 (10 of 1897), with respect to the effect of
repeals. Rules
CHAPTER
I Preliminary
THE COPYRIGHT RULES, 1958 (Note: Published in the Gazette of India, Extraordinary,
1958, Pt. II, S.3m p.167.) S.R.O. 270, dated the 21st January, 1858. -
In excercise of the powers conferred by Section 78 of the
Copyright Act, 1857 (14 of 1957) the Central Government hereby makes
the following rules, namely - CHAPTER I Preliminary 1. Short title, extent and commencement -
(1) 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 quires, - 2. Interpretations - In these rules, unless the context otherwise
requires, - (a) "Act" means the Copyright Act, 1957 (14 of 1957); (b) "Form" means a form set out in the First Schedule;
(c) "Schedule" means a Schedule to these rules; and
(d) "Section" means a section of the Act.
CHAPTER
II The Copyright Board
3. 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 reappointment. (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 or any other member of the Copyright Board
shall be paid such salary or honorarium as may be determinted by the
Central Government in each case. (5) A non-official appointed as the Chairman or other member
of the Copyright Board shall be entitled to travelling allowances
for journeys performed on duty and to daily allowances for the
period spent 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 diferent scale of such allowances if the
circumstances of any case so require. (6) An official appointed as the chairman or other member 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 behalf by the Central Government from time to time. 4. Functions of the Secretary of the Copyright
Board - The Registrar or
Copyrights shall perform all secretarial functions relating to the
Copyright Board under the direction and control of the Chairman of
the Copyright Board.
CHAPTER
III Relinquishment of Copyright
5. Notice of relinquishment -
The author of a work
desiring to relinquish under Section 21 all or any of the rights
comprised in the copyright in the work shall give notice to the
Registrar of Copyrights in accordance with Form I.
CHAPTER
IV Licences for Translations
6. Application for licence - (1) An application for a licence under Section 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
II and shall be accompanied by the fee prescribed in the Second
Schedule. (2) Every such application shall be in respect of one work
only and for translation of that work into one language only. 7. 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 practiable. (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. 8. 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 practiable, 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 inthe 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 subsection (4) of Section 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 fddfdff 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 under Rule 7 was published and a copy of
the lincence shall be sent to the other parties concerned. 9. Manner of determining royalties -
The Copyright Board shall
determine the royalties payable to the owner of the copyright under
subsection (4) of Section 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. 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. 11. Cancellation of licence -
The Copyright Board may,
after giving the licensee an opportunity of being beard, 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 dfddddddfd 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 contravened any of the terms and
conditions of the licnece.
CHAPTER
IV-A Compulsory Licence for
Publication of Unpublished Works, Translation and Reproduction of
Work (Note: Chapter IV-A inserted by Noti. No. GSR 602(E), dt.
9-8-1984 (w.e.f. 9-8-1984) (1985 CCL-III-80)) 11-A. Application for licence -
An application for a licence
under Section 31-A, sub-section (I-A) of Section 32 and Section 32-A
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. 11-B. Every such application shall be in respect of one work only
and in respect of translation of a work into one language only. 11-C. 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 application for translation of the work
in the same language or for reproduction of the work or for
publication of any unpublished work is pending before the Copyright
Board, 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 or for reproduction of the
work or for publication of unpublished work, 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 conditions
provided in sub-seection (7) of Section 31-A, clause (i) of
sub-section (4) of Section 32 and clause (i) of sub-section (4) of
Section 32-A relating 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 ddfdfsfsdfsd
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. 11-D. Manner of determining royalties -
The Copyright Board shall
determine the royalties payable to the owner of the copyright under
sub-section (7) of Section 31-A, clause (i) of sub-section (4) of
Section 32 and clause (i) of sub-section (4) of Section 32-A after
taking 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. 11-E. 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. 11-F. 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 dfdffffff 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. 11-G. Notice for termination of licence -
Notice for termination of
licence under proviso to sub-section (1) or sub-section (2) of
Section 32-B shall be served onthe person holding the licence by the
owner of copyright in Form II-B of the First Schedule to these
rules.]
CHAPTER
V Performing Rights Societies
12. Publication of statement of fees etc. -
(1) Every performing rights
society having at the commencement of the Act authority to grant
licences forperformance in public of any works shall, within three
months of the commencement of the Act or within such further period
as the Registrar of Copyrights may, for sufficient reasons, allow in
respect of any such society on an application made by it in this
behalf, prepare and publish, as its own cost, in the official
Gazette and in two newspapers in the English language published in
two different zones, the statements of all fees, charges or
royalties which it proposes to collect for the grant of such
licences. (2) Every performing rights society shall, within one month
of its acquiring after the commencement of the Act the authority to
grant licences for performance in public of any works or within such
further period as the Registrar of Copyrights may, for sufficient
reasons, allow in respect of any such society on an pplication made
by it in this behalf, prepare and publish, as its own cost, in the
official Gazette, and in two
newspapers in the English language published in two different zones,
the statements of all fees, charges or royalties which it proposes
to collect for the grant of such licences. (3) Every performing rights society shall file with the
Registrar of Copyrights two copies of the statements prepared under
sub-rule (1) of sub-rule (2) Within the time specified therein,
together with two copies of each of the newspapers in which
statements have been published. Explanation - In this
rule "Zone" shall have the same meaning as in Section 12. 13. Determination of objections -
The Copyright Board may take
such evidence as it deems fit in determining any objection lodged
under Section 34. 14. Publication of alterations in the statements
of fees etc. - The Registrar
of Copyrights shall publish the alterations made by the Copyright
Board in the statements of fees, charges or royalties in the
official Gazette and in the two newspapers in which the original
statements were published under Rule 12 or in such other newspapers
as he may deem fit.
CHAPTER
VI Registration of Copyright
15. Form of Register of Copyrights -
(1) The Register of
Copyrights shall be kept in four parts as follows:- Part I. Literary, Dramatic and Musicial Works. Part II. Artistic Works. Part III. Cinematograph Films. Part IV. Records. (2) The Register of Copyrights shall contain the particulars
specified in Form III. 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 inthe particulars
of copyright entered in the Register of Copyrights shall be made in
accrodance 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. (3) [(Note: Subs. by Noti. No. GSR 435(E), dt. 27-4-1992
(w.e.f. 27-4-1992) 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 Copyright 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. 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 in Section 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. 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. 19. Inspection of the Register of Copyrights and
Indexes - The Register of
Copyrights and Indexes thereof shall at all reasonable times be open
to inspection by any person in such manner and subject to such
conditions as the Registrar of Copyrights may specify. 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
VII Making of Records
21. Making of records - (1) Any person intending to make records under
clause (j) of sub-section (1) of Section 52 shall give notice of
such intention to the owner of the copyright and to the Copyright
Board at least [(Note: Subs. by G.S.R. 267, dated
22-4-1958) fifteen days] in advance of the making of the
records and shall pay to the owner of the copyright, along with the
notice, the amount of royalties due in respect of all the records to
be made at the rate fixed by the Copyright Board in this
behalf. (2) Such notice shall contain the following information,
namely:- (a) The particulars of the work in respect of which records
are to be made; (b) Alterations and omissions, if any, which are proposed to
be made for the adaptation of the work to the records; (c) The name, address and nationality of the owner of the
copyright in the work; (d) Particulars of the records made previously recording the
work; (e) The number of records 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
VIII Importation of Infringing
Copies 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. 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) of Section 53, act in
collaboration with Customs authorities.
CHAPTER
IX Miscellaneous
24. Mode of making applications etc. -
Every application, notice,
statement or any other document to be made, given, filed, ro sent
under the Act or under these Rules may, unless otherwise directed by
the authority concerned, be sent by hand or pre-paid registered
post. 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-padi registered post. 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 - Miscellaneous'. 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. 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. 28. Costs - The costs of, and incidental to, the proceedings before the
Copyright Board or the Registrar or Copyrights shall be in the
discretion of the Copyright Board or the Registrar of Copyrights, as
the case may be:- FIRST SCHEDULE FORM I - Notice of relinquishme nt of Copyright
(See Rule 5) To The Registrar of Copyrights, dffffffffffffffffffffffff dsfsdfsdf ddfdfdf
Copyright Office, asdffffffffffffffffffffffffffff dsf
sdfdsfdsfd fd New Delhi.
Sir, In accordance with Section 21 of the Copyright Act, 1957 (14
of 1957), I hereby give notice that, with effect from the dae 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 I, ........................................................................................................................ ........, of
....................................................................................................
(full name in block letters) ................................................................................................................. ............................................................................................................
do hereby one (address) solemn 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 1. 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. (d) Language of the work. *(e) Name, address and nationality of the publisher. *(f) Year of first publication. * If the work has appeared as a serial or otherwise in a
journal or magazine, give the name of the journal or magazine, the
volume number of the issue, the date and page reference. (g) Country of first publication. (h) If the copyright in the work is registered under Section
45, the Registration Number. 2. Rights owned by the deponent on the date of the affidavit.
dffffffffffffffffff (If the rights
are owned jointly with others, state names, address and
nationalities of the joint owners.) 3. Extent to which rights are relinquished. 4. Reasons for relinquishment of the rights. dfffdfdddd (The information given here
will be kept strictly confidential.) 5. Remarks if any. Place: Date: Signature ................................. Solemnly affirmed before me by ______________________ who is
know to me dffffffff (name of
deponent in block letters) personally/who is identified to me by _______________________
who is known to me personally. dfdddd (name of identifier in block
letters) Place: Date: Signature and seal of the Magistrate. FORM II - Application for a licence for translation
(See Rule 6) (To be submitted in triplicate) To The Registrar of Copyrights, dfdf
d d dfdff Secretary, Copyright Board, dffffdd Copyright Office, ddd New Delhi. Sir, In accordance with Section 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
comditions of the licence, if granted to me. Yours faithfully, Place: Date: Signature Statement 1. Full name of the applicant. sdfdfdfdfd (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 under Section
45, the Registration Number. *If the work has appeared as a serial or otherwise in a
journal or magazine, give the name of the journal or magazine, give
the name of the journal or magazine, the valume number of the issue,
the date and the page reference. 5. Language into which the work is proposed to be
translated. 6. Full name, qualifications and address of the
translator. 7. Qualifications 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 denied
authorisation by the said person to produce and publish the
translation. *(d) If the applicant was unable to find the 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.
*Enclose true copies of correspondence, if any. 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 under Section
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, addressand nationality of the publisher of the
translation. (f) Year of publication. (g) Price per copy of the translation. (h) If the translation is registered under Section 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: Signature. Date: II-A
(Note: Form II-A and
II-B ins. by Noti. No. G.S.R. 602(E), dt. 9-8-1984 (w.e.f. 9-8-1984)
(1985 CCL-III-80). - Application for a licence for publication/reproduction
(See Rule II-A) (To be submitted in triplicate) To The Registrar of Copyrights, dfdfsd dfdsss ddd Secretary, Copyright
Board, ddd sss Copyright Office,
dddddddddd ddd New Delhi Sir, In accordance with Section 31/32/32-A of the [(Note:
Subs. for "Copyright (Amendment) Act, 1983 (23 of 1983)" by Noti.
No. G.S.R. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) 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 untertake 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 my knowledge, belief and information and
nothing has been concealed therefrom. Place: Date: Yours faithfully, (Signature) Statement 1. Full name of the applicant
...........................................................................
ssssss (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 dae 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 under Section
45, the Registration Number. *(If the work has appeared as a serial or otherwise in a
journal or magazine, give the name of the journal or magazine, the
valume number of the issue, the date and the page reference). 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 forpayment 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
cometent 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 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. *(Enclose true copies of correspondence, if any(. 14. Whether the author of the work 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 under Section
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 under Section 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 II-B (See Rule II-G) To .................................................... dfdf df
.......................................f
.............. Sir, [(Note: Subs. by Noti. No. G.S.R. 435(E), dt. 27-4-1992
(w.e.f. 27-4-1992). In accordance with first proviso to
sub-section (1) ro the first proviso to sub-section (2) of Section
32-B 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, dfdd
(Signature) Statement 1. Title of the work. 2. Name of 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 ofthe published work. FORM III - 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 pubished or unpublished. 9. Year and country of first publication and namee, address
and nationality of the publisher. 10. Years and countries of subsequent publications, if any,
and names, address and nationalities of the publishers. 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 assignmentsand
licences, if any. 12. Names, addresses and nationalities of other persons, if
any, authorised to assign or licence 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 IV - Application for Registration of Copyright
(See Rule 16) To The Registrar of Copyrights, dfddfdfdfdddd Copyright Office, ddd New Delhi Sir, In accrodance with Section 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 Rule 16 of the Copyright Rules, 1958, I
have sent by prepaid registered post copies of this letter and of
the enclosed Statement (s) to the other parties **concerned, as
shown below:-
*For Literary, Dramatic, Musical and Artistic works
only. **See Coloums 7,11,12 and 13 of the Statement of Particulars
and the party referred to in Column 2(e) of the Statement of Further
Particulars. 3. The prescribed fee has been paid, as per details below
:- 4. Communications on this subject may be addressed to :- [(Note: Ins. by G.S.R. 435(E), dt. 27-4-1992 (w.e.f.
27-4-1992)) 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 any claim or interest or dispute to my
copyright of this work or to its use by me.] [(Note: Ins. by G.S.R. 602(E), dt. 9-8-1984 (w.e.f.
9-8-1984)) (Note: Para 4-A renumbered as para 6 by G.S.R. 435(E),
dt. 27-4-1992 (w.e.f. 27-4-1992) 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.] List of Enclosures Place: Date: Yours faithfully, 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 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, address 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 licence the rights comprising the
copyright. 13. 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 (i) of Section 45 of the
Copyright Act, 1957.] 13-A. [(Note: Subs. by Noti. No. 435(E), dt. 27-4-1992
(w.e.f. 27-4-1992) for what was ins. by G.S.R. 602 (E), dt. 9-8-1984
(w.e.f. 9-8-1984)) 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 (i) of Section 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 b 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. (d) Name, address and nationality ofthe 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 V - Application for registration of changes in the
particulars of copyright entered in the Register of Copyrights
(See Rule 16) To The Registrar of Copyrights, h h
hCopyright Office, s New
Delhi. Sir, In accordance with Rule 16 of the Copyright Rules, 1958, I
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. I have sent by registered post copies of this letter and
of the Statement of Particulars to the other parties concerned* as
shown below:-
*See Columns 7,11,12 and 13 of the Register of
Copyrights. 3. The prescribed fee has been paid, as per details
below:- 4. Communications on this subject may be addressed to:- [(Note: Ins. by Noti. No. 435(E), dt. 27-4-1992 (w.e.f.
27-4-1992)) 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, has any claim, interest or dispute to my copyright
of this work, or to its use by me.] [(Note: Ins. by Noti. No. GSR 602(E), dt. 9-8-1984
(w.e.f. 9-8-1984)) (Note: Para 4-A renumbered as para 6 by Noti. No.
435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) 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 concealed therefrom.] Yours faithfully, Place: Date: Signature. Statement of Particulars 1. Registration Number in the Register of Copyrights. 2. Changes sought in the particulars of copyright as entered
in the Register of Copyrights.
(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 under Section
45, the Registration Number. *If the work was appeared as a serial or otherwise in a
journal or magazine, give the name of the journal or magazine, the
volume number of the issue, the date and page reference. 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 indentify the said copies to the satisfaction
of the Registrar of Copyrights. C. Any other relevant information not covered
above. Place: Date: Signature. Solemnly affirmed before me by ................................................................... .................... Who is known to me personally/who is identified to me by
............................ Place: Date: Signature and seal of the Magistrate. (Note: Subs. by Noti. No. GSR 602(E), dated 9-8-1984 (w.e.f.
9-8-1984) (1985 CCL-III-80)). "SECOND SCHEDULE"
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