Copyright Act
Chapter I - Preliminary
1. Short title extent and commencement
2. Interpretation
3. Meaning of publication
4. When work not deemed to be published or performed in public
5. When work deemed to be first published in India
6. Certain disputes to be decided by copyright board
7. Nationality of author where the making of unpublished work is extended over considerable period
8. Domicile of corporations
Chapter II - Copyright Office And Copyright Board
9. Copyright Office
10. Registrar and Deputy Registrars of Copyrights
11. Copyright Board
12. Powers and procedure of Copyright Board
Chapter III - Copyright
13. Works in which copyright subsists
14. Meaning of copyright
15. Special provision regarding copyright in designs registered or capable of being registered under the designs act 1911
16. No copyright except as provided in this act
Chapter IV - Ownership of Copyright and the Rights of the Owner
17. First owner of copyright
18. Assignment of copyright
19. Mode of assignment
19A. Disputes with respect to assignment of copyright
20. Transmission of copyright in manuscript by testamentary disposition
21. Right of author to relinquish copyright
Chapter V - Term of Copyright
22. Term of copyright in published literary dramatic musical and artistic works
23. Term of copyright in anonymous and pseudonymous works
24. Term of copyright in posthumous work
25. Term of copyright in photographs
26. Term of copyright in cinematograph films
27. Term of copyright in sound recording
28. Term of copyright in government work
28A. Term of copyright in works of public undertakings
29. Term of copyright in works of international organizations
Chapter VI - Licenses
30. Licenses by owners of copyright
30A. Application of sections 19 and 19a
31. Compulsory license in works withheld form public
31A. Compulsory license in unpublished Indian works
32. License to produce and publish translations
32A. License to reproduce and publish works for certain purposes
32B. Termination of licenses issued under this chapter
Chapter VII - Copyright Societies
33. Registration of copyright society
34. Administration of rights of owner by copyright society
34A. Payment of remunerations by copyright society
35. Control over the copyright society by the owner of rights
36. Submission of returns and reports
36A. Rights and liabilities of performing rights societies
Chapter VIII - Rights of Broadcasting Organization and of Performers
37. Broadcast reproduction right
38. Performer�s right
39. Acts not infringing broadcast reproduction right or performer's right
39A. Other provisions applying to broadcast reproduction right and performer's right
Chapter IX - International Copyright
40. Power to extend copyright to foreign works
41. Provisions as to works of certain international organizations
42. Power to restrict rights in works of foreign authors first published in India
43. Orders under this chapter to be laid before parliament
Chapter X - Registration of Copyright
44. Register of copyrights
45. Entries in register of copyrights
46. Indexes
47. Form and inspection of register
48. Register of copyrights to be prima facie evidence of particulars entered therein
49. Correction of entries in the register of copyrights
50. Rectification of register by copyright board
50A. Entries in the register of copyrights etc. To be published
Chapter XI - Registration of Copyright
51. When copyright infringed, copyright in a work shall be deemed to be infringed
52. Certain acts not to be infringement of copyright
52A. Particulars to be included in sound recording and video films
52B. Accounts and audit
53. Importation of infringing copies
53A. Resale share right in original copies
Chapter XII - Civil Remedies
54. Definition
55. Civil remedies for infringement of copyright
56. Protection of separate rights
57. Author's special rights
58. Rights of owner against persons possessing or dealing with infringing copies
59. Restriction on remedies in the case of work of architecture
60. Remedy in the case of groundless threat of legal proceedings
61. Owner of copyright to be party to the proceeding
62. Jurisdiction of court over matters arising under this chapter
Chapter XIII - Offences
63. Offence of infringement of copyright or other rights conferred by this act
63A. Enhanced penalty on second and subsequent convictions
64. Power of police to seize infringing copies
65. Possession of plates for purpose of making infringing copies
66. Disposal of infringing copies or plates for purpose of making infringing copies
67. Penalty for making false entries in register etc. For producing or tendering false entries
68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer
68A. Penalty for contravention of section 52a
69. Offences by companies
70. Cognizance of offences
Chapter XIV - Appeals
71. Appeals against certain orders of magistrate
72. Appeals against orders of registrar of copyrights and copyright board
73. Procedure for appeals
74. Registrar of copyrights and copyright board to possess certain powers of civil courts
75. Orders for payments of money passed by registrar of copyrights and copyright board to be executable as a decree
76. Protection of action taken in good faith
77. Certain persons to be public servants
78. Power to make rules
79. Repeal saving and translation provisions
Chapter I - Preliminary
1. Short title, extent and commencement
2. Interpretations
Chapter II - The Copyright Board
3. Terms and conditions of office of the Chairman and members of the Copyright Board
4. Functions of the Secretary of the Copyright Board
Chapter III - Relinquishment of Copyright
5. Notice of relinquishment
Chapter IV - Licenses for Translations
6. Application for license
7. Notice of application
8. Consideration of the application
9. Manner of determining royalties
10. Extension of the period of license
11. Cancellation of license
Chapter IV-A - Compulsory License for Publication of Unpublished Works, Translation and Reproduction of Work
11A. Application for license
11B. Application for license-1
11C. Notice of application
11D. Manner of determining royalties
11E. Extension of the period of license
11F. Cancellation of license
11G. Notice for termination of license
Chapter V - Performing Rights Societies
12. Publication of statement of fees etc.
13. Determination of objections
14. Publication of alterations in the statements of fees etc.
Chapter VI - Registration of Copyright
15. Form of Register of Copyrights
16. Application for Registration of Copyright
17. Correction of entries in the Register of Copyrights
18. Indexes
19. Inspection of the Register of Copyrights and Indexes
20. Copies and extracts of the Register of Copyrights and Indexes
Chapter VII - Making of Records
21. Making of records
Chapter VIII - Importation of Infringing Copies
22. Importation of infringing copies
23. Procedure for examination of infringing copies
Chapter IX - Miscellaneous
24. Mode of making applications etc.
25. Mode of communication by the Copyright Board etc.
26. Fees
27. Right of audience
28. Costs
-
Form I. Notice of relinquishment of Copyright
Form II. Application for a license for translations
Form III. Form of Register of Copyrights
Form IV. Application for Registration of Copyright
Form V. Application for registration of changes in the particulars of copyright entered in the Register of Copyrights
Second Schedule. Schedule
Chapter I - Preliminary
1. Short title extent and commencement
(1) This Act may be called the Copyright Act
1957.
(2) It extends to the whole of
(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 license" means a
license which confers on the licensee or on the licensee and persons authorized
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
(iii) any court
Tribunal or other judicial authority in
(l) "Indian work" means a literary
dramatic or musical work -
(i) the author of
which is a citizen of
(ii) which is first
published in
(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
(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 license 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. Certain disputes to be decided by copyright board
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. hether a work has been published or as to
the date on which a work was published for the purposes of
Chapter V, or
b. hether the term of copyright for any work
is shorter in any other country than the provided in respect of that work under
this Act, it shall be referred to the Copyright Board constituted under Section
11 whose decision thereon shall be final:
Provided that if in the opinion of the Copyright Board, the issue of copies or communication to the public referred to in Section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.]
7. Nationality of author where the making of unpublished work is extended over considerable period
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
For the purposes of this Act a body corporate
shall be deemed to be domiciled in
Chapter II - Copyright Office And Copyright Board
9. Copyright Office
(1) There shall be established for the
purposes of this Act on office to be called the Copyright Office.
(2) The Copyright Office shall be under the
immediate control of the Registrar of Copyrights who shall act under the
superintendence and direction of the Central Government.
(3) There shall be seal for the Copyright Office.
10. Registrar and Deputy Registrars of Copyrights
(1) The Central Government shall appoint a
Registrar of Copyrights and may appoint one or more Deputy Registrars of
Copyrights.
(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and direction of the Registrar of Copyrights such functions of the Registrar under this Act as the Registrar 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 prescribed.
12. Powers and procedure of Copyright Board
(1) The Copyright Board shall, subject to any
rules that may be made under this Act, have power to regulate its own
procedure, including the fixing of places and 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 Reorganization
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 authorize 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 authorized 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
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
outside
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
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
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 labor 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 labor 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 labor, or, in other words, his
property.
Reports of judgments �
It is generally true that in the reports of
judgments 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 judgments as he
obtains by expenditure of his time, labor 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. Meaning of copyright
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 authorize the doing of any of the following acts in respect
of a work or any substantial part thereof, namely :-
a. in the case of a
literary, dramatic or musical work not being a computer programme,-
i. to reproduce the
work in any material form including the storing of it in any medium by
electronic
means,
ii. to issue copies of
the work to the public not being copies already in circulation,
iii. to perform
the work in public, or communicate it to the public,
iv. to make any
cinematograph film or sound recording in respect of the work,
v. to make any
translation of the work
vi. to make any
adaptation of the work
vii. to do, in
relation to a translation or an adaptation of the work, any of the acts
specified in relation to the work in sub clauses (I) to (vi)
b. in
the case of a computer programme-
c. 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
d. in
the case of an artistic work,-
e. 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)
f. in
the case of a cinematograph film-
g. 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
h. in
the case of a sound recording-
i. 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 designs act 1911
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 license, 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 organization 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 authorized 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.]
19A. Disputes with respect to assignment of copyright
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 favor 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
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 literary, 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 work
(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 sound recording
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
in the case of government work where government is the first owner of the copyright therein copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
28A. Term of copyright in works of public undertakings
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 organizations
29. Term of copyright in works of
international organization-
In the case of a work of an international organization 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 - Licenses
30. Licenses 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 license in writing signed by him or by his duly
authorized agent.
Provided that in the case of a license relating
to copyright in any future work, the license shall take effect only when the
work comes into existence.
Explanation � When a person to whom a license 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 license , be entitled to benefit of the license.
30A. Application of sections 19 and 19a
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 license under Section 30 as they apply in relation to assignment of copyright in a work.]
31. Compulsory license in works withheld form public
31. Compulsory license 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
behest 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 inquiry, 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 license 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
license 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 license shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public.
31A. Compulsory license in unpublished Indian works
31-A. [(Note: Ins. by Act 23 of 1983, S.12
(w.e.f. 9-8-1984)) Compulsory license 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 license 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
license 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 license to the applicant in
accordance with the direction of the copyright Board.
(5) Where a license 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. License to produce and publish translations
(1) Any person may apply the Copyright Board
for a license 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 license 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 license 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 license not being an exclusive license, 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-
1. Subject to the
condition that the applicant shall pay to the owner of the copyright in the
work royalties in respect of copies of the translations of the work sold to the
public, calculated at such rate as the Copyright Board may, in the
circumstances of each case, determine in the prescribed manner, and
1. Where such license
is granted on an application under sub section (1-A), subject also to the
condition that the license shall not extend to the export of copies of the
translation of the work outside India and every copy such translation shall
contain a notice in the language of such translation that the copy is available
for distribution only in India.
Provided that nothing in 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-
1. such copies are sent to citizens of India
residing outside India or to any association of such citizens outside India ,or
2. such copies are meant to be used for purposes
of teaching, scholarship or research and not for any commercial purpose, and
3. in either case, the permission for such
export has been given by the Government of that country.]
[(Note: Subs. for "Provided that no
such license" by Act 23 of 1983, S.13 (w.e.f. 9-8-1984)) Provided
further that no license 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 authorized 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 authorization 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
authorization by registered airmail post to the publisher whose name appears
from the work, and in the case of an application for a license 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
authorized 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 license 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 specialized,
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 license under
sub section (5), and such license 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
b.
(ii) purposes of all other types of organized educational activity.]
32A. License to reproduce and publish works for certain purposes
32-A. [Note: Ins. by Act 23 of 1983. S.14 (w.e.f.
9-8-1984) License to reproduce and publish works for certain purposes-
(1) Where, after the expiration of the
relevant period from the date of the first publication of an edition of a
literary, scientific or artistic work,-
a. The copies of
such edition are not made available in India; or
b. Such copies
have not been put on sale in India for a period of six months.
To the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorized by him in this behalf, any person may apply to the Copyright Board for a license 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 license 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 license, not being an exclusive
license, to produce and publish a reproduction of the work mentioned in the
application subject to the condition that ,-
a. he 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 license 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 license
shall be granted unless-
a. the applicant has
proved to the satisfaction of the Copyright Board that he had requested and had
been denied authorization 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 authorization by registered airmail post to the publisher
whose name appears from the work not less than three months before the
application for the license.
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 authorized 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 license 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 authorized by him and the translation is not in a language in general
use in India.
(6) The provisions of this section shall also
apply to the reproduction and publication, or translation into a language in
general use in India, of any text incorporated in audio-visual 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 science,
mathematics or technology, and
c. Five years from the date of the first publication of that work, in any other case.
32B. Termination of licenses issued under this chapter
(1) If, at nay time after the granting of a
license 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
authorized 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 license 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 license 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 license before the
termination of the license 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
license 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 authorized
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 license 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 license 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
33. Registration of copyright society
(1) No person or association of persons shall,
after coming into force of the Copyright (Amendment) Act, 1994 commence or,
carry on the business of issuing or granting licenses 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 licenses 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 licenses 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 authorization to
administer any right in any work by issue of licenses or collection of license
fees or both, and
(b) an owner of rights
shall have the right to withdraw such authorization without prejudice to the
rights of the copyright society under any contract.
(2) It shall be competent for a copyright
society to enter into agreement with any foreign society or organization
administering rights corresponding to rights under this Act, to entrust to such
foreign society or organization 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
organization 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 organization.
Provided that no such society or organization
shall permit any discrimination in regard to the terms of license 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 licenses
under Section 30 in respect of any rights under this Act,
(ii) Collect fees in
pursuance of such licenses,
(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.
34A. Payment of remunerations by copyright society
(1) If the Central Government is of the opinion
that a copyright society for a class of work is generally administering the
rights of the owners of rights in such work throughout India, it shall appoint
that society for the purposes of this section.
(2) The copyright society shall, subject to such
rules as may be made in this behalf, frame a scheme for determining the quantum
of remuneration payable to individual copyright owners having regard to the
number of copies of the work 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 organization 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 utilization 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 authorized 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 utilized or distributed in accordance with the provisions of this Act.
36A. Rights and liabilities of performing rights societies
Nothing in this Chapter shall affect any
rights or liabilities in any work in connection with a performing rights
society which had accrued or were incurred on or before the day prior to the
commencement of the Copyright (Amendment) Act, 1994, or any legal proceedings
in respect of any such rights or liabilities pending on that day.
(Note: subs. by Act 38 of 1994, S.12 (w.e.f. a date to be notified))
Chapter VIII - Rights of Broadcasting Organization and of Performers
37. Broadcast reproduction right
37. [(Note: Subs. by Act 38 of 1994, S.13
(w.e.f. a date to be notified)) Broadcast reproduction right �
(1) Every broadcasting organization 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
license 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 license or, where it was license, for any purposes
not envisaged by such license, 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. 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
1. broadcasts the
performance except where the broadcast is made from a sound recording or visual
recording other than one made in accordance with Section 39, or is a
rebroadcast by the same broadcasting organization of an earlier broadcast which
did not infringe the performer�s right, or
2. communicates the
performance to the public otherwise than by broadcast, except where such
communication to the public is made from a sound recording or visual recording
or a broadcast.
Shall, subject to the provisions of section
39, be deemed to have infringed the performer�s right.
(4) Once a performer has consented to the incorporation of his performance in a cinematograph film, the provision of sub sections (1), (2) and (3) shall have no further application to such performance.]
39. Acts not infringing broadcast reproduction right or performer's right
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.
39A. Other provisions applying to broadcast reproduction right and performer's right
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 license 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 organizations
1. Where-
a. any work is
made or first published by or under the direction or control of any
organization 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 organization.
There shall, by virtue of this section, be
copyright in the work throughout India.
(2) Any organization 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 organization to which this section applies are such organization as the Central Government may, by order published in the Official Gazette, declare to be organization 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 copyrights
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.
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 there from 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. Entries in the register of copyrights etc. To be published
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
51. When copyright infringed-
Copyright in a work shall be deemed to be
infringed-
a. when any person, without a license
granted by the owner of the Copyright or the Registrar of Copyrights under this
Act or in contravention of the conditions of a license 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 it 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. he 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 license 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 authorized 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 utilizing 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 organization 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 judgment
or order of a court, tribunal or other judicial authority, unless the
reproduction or publication of such judgment or order is prohibited by the
court, the tribunal or other judicial authority, as the case may be
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
authorized 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 originally constructed.
Provided that the original construction was made
with the consent or license 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 organization using its own facilities for its own broadcast
by a broadcasting organization 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.
52A. Particulars to be included in sound recording and video films
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 license or consent from the owner of the
copyright in such work for making such video film, and
c. The name and address of the owner of the copyright in such work.]
52B. Accounts and audit
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 authorized
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 authorized 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
53A. 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. Author's special rights
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 honor 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. Rights of owner against persons possessing or dealing with infringing copies
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 work of architecture
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 judgment, impose a sentence of
imprisonment for a term of less than six months or a fine of less than fifty
thousand rupees.]
Explanation � Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.
63A. Enhanced penalty on second and subsequent convictions
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 judgment, impose a sentence of
imprisonment for a term of less than one year or a fine of less than one lakh
rupees.
Provided further that for the 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).]
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
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.
68A. Penalty for contravention of section 52a
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 payments of money passed by registrar of copyrights and copyright board to be executable as a decree
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 license 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 authorization under clause
(a) of sub section (1) of Section 34 and the conditions subject to which owners
of rights have right to withdraw such authorization 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 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 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. Repeal saving and translation provisions
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.
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 determined 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 traveling
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 different 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 traveling
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 - Licenses for Translations
6. Application for license
(1) An application for a license 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 practicable.
(2) Every such notice shall contain the
following particulars:-
(a) The date of the application;
(b) The name, address
and nationality of the applicant;
(c) Particulars of the
work which is to be translated;
(d) The date and
country of the first publication of the work;
(e) The name, address
and nationality of the owner of the copyright as stated in the application;
(f) The language in
which the work is to be translated; and
(g) The Registration Number of the work in the Register of Copyrights, if any.
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 practicable, to any person
claiming any interest in the copyright of the work, to be heard and may take
such evidence in respect of the application as it thinks fit.
(3) If more than one application for
translation of the work in the same language is pending before the Copyright
Board at the expiry of one hundred and twenty days after the publication in the
official Gazette of the notice of the application first received, all such
applications shall be considered together.
(4) If the Copyright Board is satisfied that
the license for a translation of the work in the language applied for may be
granted to the applicant, or, if there are more applicants than one, to such
one of the applicants as, in the opinion of the Copyright Board, would best
serve the interests of the general public, it shall grant a license
accordingly.
(5) Every such license 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 copyright in the work; and
(d) The person or
persons to whom such royalties shall be payable.
(6) The grant of every such license 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 license 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 license
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 license, extend such period.
11. Cancellation of license
The Copyright Board may, after giving the
licensee an opportunity of being beard, cancel the license 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 license or within
the time extended on the application of the licensee;
(b) That the license was obtained by fraud or
misrepresentation as to any essential fact;
(c) That the licensee contravened any of the terms and conditions of the license.
Chapter IV-A - Compulsory License for Publication of Unpublished Works, Translation and Reproduction of Work
11A. Application for license
An application for a license 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.
11B. Application for license-1
Every such application shall be in respect of one work only and in respect of translation of a work into one language only.
11C. Notice of application
(1) A copy of such application shall be served
by registered mail on the owner of copyright and if the owner of such copyright
is not known or is not traceable, a copy of the application shall be served on
the publisher whose name appears on the work.
(2) The Copyright Board shall give an
opportunity to the applicant and also, wherever practicable, to any person
claiming any interest in the copyright of the work, to be heard and may take
such evidence in respect of the application as it thinks fit.
(3) If more than one 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 license 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 license accordingly.
(5) Every such license shall be subject to the
conditions provided in 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
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 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 license shall, as soon as possible, be notified in the official Gazette and a copy of the license shall be sent to the other parties concerned.
11D. 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.
11E. Extension of the period of license
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 license, extend such period.
11F. Cancellation of license
The Copyright Board may, after giving the
licensee an opportunity of being heard, cancel the license 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 license or within the
time extended on the application of the licensee;
(b) That the license 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 license.
11G. Notice for termination of license
Notice for termination of license under proviso to sub-section (1) or sub-section (2) of Section 32-B shall be served on the person holding the license 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 licenses for performance 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 licenses.
(2) Every performing rights society shall,
within one month of its acquiring after the commencement of the Act the
authority to grant licenses 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 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 licenses.
(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 Musical 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 in the particulars of copyright entered in the Register
of Copyrights shall be made in accordance with Form V.
(2) Every such application shall be in respect
of one work only, shall be made in triplicate and shall be accompanied by the
fee specified in the Second Schedule in this behalf.
(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 authorized 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, or 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 'Naturalization, 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 authorized 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:-
-
Form I. Notice of relinquishment of Copyright
(See Rule 5)
To
The Registrar of Copyrights,
Copyright Office,
as 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 date of
this notice, I do relinquish, to the extent specified in the enclosed
affidavit, my rights in the work described in the said affidavit.
Yours faithfully,
Place:
Date: (Signature)
Form of Affidavit referred to above
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. (If the rights are owned jointly with
others, state names, address and nationalities of the jointowners.)
3. Extent to which rights are relinquished.
4. Reasons for relinquishment of the rights.
(The information given here will be kept strictly confidential.)
5. Remarks if any.
Place:
Date: Signature
.................................
Solemnly affirmed before me by
______________________ who is know to me (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 license for translations
FORM II - Application
for a license for translation
(See Rule 6)
(To be submitted in triplicate)
To
The Registrar of Copyrights, dfdf 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 license to
produce and publish a translation of the work in accordance with the
particulars given in the enclosed Statement.
2. I hereby undertake to abide strictly by the
terms and conditions of the license, 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 volume 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 license for translation.
(b) Whether the applicant was able to find the
said person.
*(c) Whether the applicant had requested and
had been denied authorization 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 authorization 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, 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.
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 license for
publication/reproduction
(See Rule II-A)
(To be submitted in triplicate)
To
The Registrar of Copyrights,
Secretary, Copyright Board,
Copyright Office,
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 license to publish an unpublished Indian work, or
reproduce a published work or to translate a work in accordance with the
particulars given in the enclosed Statement.
2. I hereby undertake to abide strictly by the
terms and conditions of the license, 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 there from.
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 date of his decease.
(d) Language of the work.
*(e) Name, address and nationality of the
publisher.
*(f) Year of first and last publication.
(g) Country of first and last publication.
(h) Price of a copy of the work.
(i) If the copyright in the work is registered
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 volume number of the issue, the date and the page reference).
5. If the license 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 license
is required.
7. Number of copies of work proposed to be
published under the license applied for.
8. Estimated cost of the work to be published.
9. Proposed retail price per copy of the work.
10. Rate of royalty, which the applicant considers
reasonable, to be paid to the copyright owner.
11. Means of the applicant for payment of the
royalty.
12. Whether the prescribed fee has been paid
and if so, particulars of payment (give Postal Order/Bank Draft/Treasury
Challan Number).
13. (a) Full name, address and nationality of
the person cometent to issue a license.
(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 authorization 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 authorization 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
.......................................
.......................................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) or 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 of the published work.
Form III. Form of Register of Copyrights
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 published 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 assignments and licenses,
if any.
12. Names, addresses and nationalities of
other persons, if any, authorized to assign or license the rights comprising
the copyright.
13. If the work is an 'Artistic Work', the
location of the original work, including name, address and nationality of the
person in possession of 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
FORM IV - Application
for Registration of Copyright
(See Rule 16)
To
The Registrar of Copyrights,
Copyright Office,
New Delhi
Sir,
In accordance 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:-
Names and addresses of the
parties Date of dispatch
1 2
*For Literary, Dramatic, Musical and Artistic
works only.
**See Coolum�s 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 there from.]
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
licenses, if any.
12. Names, addresses and nationalities of
other persons, if any, authorized to assign or license 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 of the publisher,
if any, of the original work.
(e) Particulars of the authorization for a
translation or adaptation including the name, address and nationality of the
party authorizing.
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 copyright
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:-
Names and addresses of
parties Date of dispatch
*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 there from.]
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.
Reference to Column Number of the Register of
Copyrights Existing entry in the Register of
Copyrights Proposed entry in place of the existing entry in
the Register of Copyrights Reasons for the changes
proposed
1 2
3 4
(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 authorized agent to identify 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
...................................................................
....................
(full name of deponent in block letters)
Who is known to me personally/who is
identified to me by ............................
..............................................
(name of identifier in block letters) x sss who is known to me personally.
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. Schedule
1.For a license to republish a Literary,
Dramatic, Musical or Artistic d Work (Sections 31, 31-A and 32-A)
Rs. 100 per work
2.For a license to republish a Cinematograph
Film (Section 31) Rs. 500 per work
3.For a license to republish a Record (Section
31) Rs. 200 per
work
4.For license to perform an Indian work in
public or to communicate the work to the public by Broadcast (Section
31) Rs. 25 per
work
5.For an application for a license to produce
and publish a translation of a Literary or Dramatic Work in any language
(Section 32 and 312 (I-A)) Rs. 100
per work
6.For an application for registration of
copyright in a �
(a) Literary, Dramatic, Musical or Artistic
Work. Rs. 10 per work
(b) Provided that in respect of a Literary or
Artistic Work which is used or capable of being used in relation to any goods
(Section 45) Rs. 50 per work
7.For an application for changes in
particulars of copyright entered in the Register of Copyrights an respect of a
:
(a) Literary, Dramatic, Musical or Artistic
Work.
Rs. 5 per work
(b) Provided that in respect of a Literary or
Artistic Work which is used or capable of being used in relation to any goods
(Section 45). Rs. 5 per work
8.For an application for registration of
copyright in a Cinematograph Film (Section 45).
Rs. 200 per work
9.For an application for registration of
changes in particulars of copyright entered in the Register of Copyrights in
respect of Cinematograph Film (Section 45). Rs. 100 per
work
10.For an application for registration of
copyright in a Record (Section 45). Rs. 50 per
work
11.For an application for registration of
changes in particulars of copyright entered in the Register of Copyrights in
respect of a Record (Section 45).
Rs. 25 per work
12.For taking extracts from the Register of
Copyrights (Section 47). Rs. 5 per work per
hour
13.For taking extracts from the Indexes
(Section 47). Rs. 2.50 per work per hour
14.For a certified copy of an extracts from
the Register of Copyrights or the Indexes (Section 47).
Rs. 5 per
copy
15.For a certified copy of any other public document
in the custody of the Registrar of Copyrights or the Copyright
Board. Rs. 2.50 per page
16.For an application for prevention of importation of infringing copies (Section 53). Rs. 25 per work per place of entry.