Real Information: Indian Copyright Act

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INDIAN COPYRIGHT ACT, 1957

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CHAPTER I

Preliminary

[4th June, 1957] An Act to amend and consolidate the law relating to copyright.

Be it enacted by Parliament in the Eighth Year of the Republic of India as follows:

1. Short title, extent and commencement. -(1) This Act may be called the Copyright Act, 1957.

(2) It extends to the whole of India.

(3) It shall come into force on such date

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;

(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) work of architecture;

and

(iii) any other work of artistic craftsmanship;

(d) "author' means,-

(i) in relation to a literary or dramatic work, the author of the work;

(ii) in relation to a musical work, the composer;

(iii) in relation to an artistic work other than a photograph, the artist;

(iv) in relation to a photograph, the person taking the photograph;

(v) in relation to a cinematograph

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;]

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[(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 film" means any work of visual recording on any medium produced through a

process from which a moving image may be produced by any means and includes a sound recording

accompanying such visual recording and "cinematograph" shall be construed as including any work

produced by any process analogous to cinematography including video films;

(ff)

"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

[broadcast] by;

(h) "dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb

show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not

include a cinematograph film;

[(hh)

"duplicating equipment" means any mechanical contrivance or device used or intended to be

used for making copies of any work;]

(i) "engravings" include etchings, lithographs, wood-cuts, prints and other similar works, not being

photographs;

(j) "exclusive licence" means a licence which confers on the licensee or on the licensee and persons

authorised by him, to the exclusion of all other persons (including the owner of the copyright), any

right comprised in the copyright in a work, and "exclusive licensee" shall be construed accordingly;

(k) "Government work" means a work which is made or published by or under the direction or control

of-

(i) the Government or any department of the Government;

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(ii) any Legislature in India;

(iii) any court, tribunal or other judicial authority in India;

[(l)

"Indian work" means a literary, dramatic or musical work,-

(i) the author of which is a citizen of India; or

(ii) which is first published in India; or

(iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work,

a citizen of India;]

(m)

"infringing copy" means,-

(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in

the form of a cinematographic film;

(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;

(iii) in relation to a sound recording, any other recording embodying the same sound recording, made

by any means;

(iv) in relation to a programme or performance in which such a broadcast reproduction right or a

performer's right subsists under the provisions of this Act, the sound recording or a cinematographic

film of such programme or performance, if such reproduction, copy or sound recording is made or

imported in contravention of the provisions of this Act;

(n) "lecture" includes address, speech and sermon;

(o)

"literary work" includes computer programmes, tables and compilations including computer

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"literary data bases ;

(p)

"musical work" means a work consisting of music and includes any graphical notation of such

work but does not include any words or any action intended to be sung, spoken or performed with the

music;

(q)

"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;

*****

(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;

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*****

>*****

(x)

"reprography" means the making of copies of a work, by photo-copying 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

[sound recording];

(z) "work of joint authorship" means a work produced by the collaboration of two or more authors in

which the contribution of one author is not distinct from the contribution of the other author or authors;

(za) "work of sculpture" includes casts and models.

3. Meaning of publication.

For the purposes of this Act, "publication" means making a work

available to the public by issue of copies or by communicating the work to the public.

4. When work not deemed to be published or performed in public. - Except in relation to

infringement of copyright, a work shall not be deemed to be published or performed in public, if

published, or performed in public, without the licence of the owner of the copyright.

5. When work deemed to be first published in India. - For the purposes of this Act, a work

published in lndia 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

another country if the time between the publication in India and the publication in such other country

does not exceed thirty days or such other period as the Central Government may, in relation to any

specified country, determine.

6. Certain disputes to be decided by Copyright Board.

If any question arises,-

(a) whether a work has been published or as to the date on which a work was published for the

purposes of Chapter V, or

(b) whether the term of copyright for any work is shorter in any other country than that provided in

respect of that work under this Act, it shall be referred to the Copyright Board constituted under

section 11 whose decision thereon shall be final:

Provided that if in the opinion of the Copyright Board, the issue of copies or communication to the

public referred to in section 3 was of an insignificant nature it shall not be deemed to be publication

for the purposes of that section.

7. Nationality of author where the making of unpublished work is extended over considerable

period. -Where, in the case of an unpublished work, the making of the work is extended over a

considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a

citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during

any substantial part of that period.

8. Domicile of corporations. - For the purposes of this Act, a body corporate shall be deemed to be

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domiciled in India if it is incorporated under any law in force in India.

1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra

and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry by Reg. 7 of 1963, S. 3 and

Sch. 1; and brought into force in the State of Sikkim (w.e.f. 27-4-1979): vide Notification No. S.O.

226(E), dated 27-4-1979, Gazette of India, Extraordinary, Part II, Section 3(ii), page 430

2. 21st January, 1968, vide Notification No. S.R.O. 269, dated 21-1-1958, Gazette of India,

Extraordinary, Part II, Section 3, page 167

3. Certain words omitted by Act 38 of 1994, s. 2.

4. Ins. by Act 38 of 1994, s. 2.

5. Ins. by Act 38 of 1994, s. 2.

6. Subs. by Act 38 of 1994, s. 2, for `architectural work of art'.

7. Subs. by Act 38 of 1994, s. 2 for "architectural work of art',

8. Ins. by Act 38 of 1994. s. 2.

9. Ins. by Act 38 of 1994, s. 2.

10. Subs. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984)

11. Subs. by Act 38 of 1994, s. 2

12. Subs. by Act 38 of 1994, s. 2.

13. Subs. by Act 38 of 1994, s. 2.

14. Ins. by Act 38 of 1994, s. 2.

15. Ins. by Act 38 of 1994, s. 2.

16. Subs. by Act 38 of 1994, s. 2.

17. Subs. by Act 23 of 1983, s. 2, for "radio-diffusion" (w.9.f. 9-8-1984)

18. Subs. by Act 66 of 1984, s. 2 (w.e.f. 8-10-1984)

19. Subs. by s. 3, ibid for cl. (1) (w.e.f. 9.8.1984).

20. Subs. by Act 38 of 1994, s. 2.

21. Subs. by Act 38 of 1994, s. 2.

22. Subs. by Act 38 of 1994, s. 2

23. Subs. by Act 38 of 1994, s. 2

24. Subs. by Act 38 of 1994, s. 2.

25. Clause (r) omitted by Act 38 of 1994, s. 2.

26. Ins. by Act 68 of 1984, s. 2 (w.e.f. 8-10-1984).

27. Subs. by Act 38 of 1994, s. 2 for "records'

28. Ins. by Act 38 of 1994, s. 2.

29. Clause (v) omitted by Act 23 of 1983, s. 3 (w.e.f. 9.8.1984)

30. Clause (w) omitted by Act 38 of 1994, s. 2.

31. Subs. by Act 38 of 1994, s. 2.

32. Ins. by Act 38 of 1994, s. 2.

33. Subs. by Act 38 of 1994, s. 2. for "record".

34. Subs. by Act 38 of 1994, s. 3.

35. Subs. by Act 38 of 1994, s. 6

[35A. . Subs. by Act 49 of 1999, Section 2, for databasis (wef 15.1.2000)]

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CHAPTER II

Copyright Office and Copyright Board

9. Copyright Office. - (1) There shall be established for the purposes of this Act an office to be

called the Copyright Office.

(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who

shall act under the superintendence and direction of the Central Government.

(3) There shall be a seal for the Copyright Office.

10. Registrar and Deputy Registrars of Copyrights . - (1) The Central Government shall appoint a

Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.

(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and direction of the

Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time

to time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a

reference to a Deputy Registrar of Copyrights when so discharging any such functions.

11. Copyright Board. - (1) As soon as may be after the commencement of this Act, the Central

Government shall constitute a Board to be called the Copyright Board which shall consist of a

Chairman and not less than two or more than

[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 a

High Court or is qualified for appointment as a Judge of a High Court.

(4) The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall perform such

functions as may be prescribed.

12. Powers and procedure of Copyright Board. - (1) The Copyright Board shall, subject to any

rules that may be made under this Act, have power to regulate its own procedure, including the fixing

of places and times of its sittings:

Provided that the Copyright Board shall ordinarily hear any proceeding instituted before it under this

Act within the zone in which, at the time of the institution of the proceeding, the person instituting the

proceeding actually and voluntarily resides or carries on business or personally works for gain.

Explanation.- In this sub-section "zone" means a zone specified in section 15 of the States

Reorganisation Act, 1956.

(2) The Copyright Board may exercise and discharge its powers and functions through Benches

constituted by the Chairman of the Copyright Board from amongst its members, each Bench

consisting of not less than three members.

"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:

Provided that where there is no such majority, the opinion of the Chairman shall prevail.

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(4) The

[Chairman] may authorise any of its members to exercise any of the powers conferred on it

by section 74 and any order made or act done in exercise of those powers by the member so

authorised shall be deemed to be the order or act, as the case may be, of the Board.

(5) No member of the Copyright Board shall take part in any proceedings before the Board in respect

of any matter in which he has a personal interest.

(6) No act done or proceeding taken by the Copyright Board under this Act shall be questioned on

the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.

(7) The Copyright Board shall be deemed to be a civil court for the purposes of

[sections 345 and

346 of the Code of Criminal Procedure, 1973], and all proceedings before the Board shall be deemed

to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.

36. Subs. By Act 38 of 1994, s. 11 for "eight".

37. Certain words omitted by Act 38 of 1994, s. 11

38. Ins. by Act 38 of 1994, s. 12.

39. Subs. By Act 38 of 1994, s. 12.

40. Subs. By Act 38 of 1994, 5. 12, for `Copyright Board'

41. Subs. By Act 23 of 1983, s. 6, for certain words (w.e.f. 9-8-1984).

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CHAPTER III

Copyright

13. Works in which copyright subsists.- (1) Subject to the provisions of this section and the other

provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is

to say,-

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c)

[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 a published work, the work is first published in India, or where the work is first

published outside India, the author is at the date of such publication, or in a case where the author

was dead at that date, was at the time of his death, a citizen of India;

(ii) in the case of an unpublished work other than a

[work of architecture] the author is at the date

of the making of the work a citizen of India or domiciled in India; and

(iii) in the case of

[work of architecture] the work is located in India.

Explanation.- in the case of a work of joint authorship, the conditions conferring copyright specified in

this sub-section shall be satisfied by all the authors of the work.

(3) Copyright shall not subsist-

(a) in any cinematograph film a substantial part of the film is an infringement of the copyright in any

other work;

(b) in any

[sound recording] made in respect of a literary, dramatic or musical work, if in making the

[sound recording], copyright in such work has been infringed.

(4) The copyright in a cinematograph film or a

[sound recording] shall not affect the separate

be, the

[sound recording] is made.

(5) In the case of a

[work of architecture] copyright shall subsist only in the artistic character and

design and shall not extent to processes or methods of construction.

14.

Meaning of copyright.-For the purposes of this Act, "copyright" means the exclusive right

subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect

of a work or any substantial part thereof, namely:-

(a) in the case of a literary, dramatic or musical work, not being a computer programme, -

(i) to reproduce the work in any material form including the storing of it in any medium by electronic

means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

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(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation

to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,-

(i) to do any of the acts specified in clause (a);

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"(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the

computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where

the programme itself is not the essential object of the rental."

(i) to reproduce the work in any material form including depiction in three dimensions of a two

dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in

sub-clauses (i) to (iv);

(d) In the case of cinematograph film, -

(i) to make a copy of the film, including a photograph of any image forming part thereof;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such

copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) In the case of sound recording, -

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of

whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public.

Explanation : For the purposes of this section, a copy which has been sold once shall be deemed to

be a copy already in circulation.

15. Special provision regarding copyright in designs registered or capable of being registered

under the Designs Act,1911.-(1) Copyright shall not subsist under this Act in any design which is

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registered under the

51***

Designs Act, 1911.

(2) Copyright in any design, which is capable of being registered under the Designs Act, 1911, but

which has not been so registered, shall cease as soon as any article to which the design has been

applied has been reproduced more than fifty times by an industrial process by the owner of the

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 any other law for the time being in force, but nothing in this section

shall be constructed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

42. Subs. by Act 38 of 1994, s. 12, for "records"

43. Subs. by Act 38 of 1994, s. 12, for `architecture work of arr'.

44. Subs. by Act 38 of 1994, s. 12, for "an architectural woek of art'.

45. Subs. by Act 38 of 1994, s. 12, for 'record'.

46. Subs. by Act 38 of 1994, s. 12, for 'rerord'.

47. Subs. by Act 38 of 1994, s. 12, for `record'.

48. Subs. by Act 38 of 1994, s. 12, for "record'.

49. Subs. by Act 38 of 1994, s. 2, for "architecture work act'.

50. Subs. by Act 38 of 1994, s. 14.

51. The words "Indian Patents and" omitted by Act 23 of 1983, s.7(w.e.f. 9-8-1984)

[51A. Subs by Act 49 of 1999, Section 3, for sub clause (ii) (wef 15.1.2000)]

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CHAPTER IV

Ownership of Copyright and the Rights of the Owner

17. First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the

first owner of the copyright therein

Provided that-

(a) in the case of a literary, dramatic or artistic work made by the author in the course of his

employment by the proprietor of a newspaper, magazine or similar periodical under a contract of

service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar

periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first

owner of the copyright in the work in so far as the copyright relates to the publication of the work in

any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of

its being so published, but in all other respects the author shall be the first owner of the copyright in

the work;

(b) subject to the 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;

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)

in the case of any address or speech delivered in public, the person who has delivered such

address or speech or if such person has delivered such address or speech on behalf of any other

person, such other person shall be the first owner of the copyright therein notwithstanding that the

person who delivers such address or speech, or, as the case may be, the person on whose behalf

such address or speech is delivered, is employed by any other person who arranges such address or

speech or on whose behalf or premises such address or speech is delivered;]

(d) in the case of a Government work, Government shall, in the absence of any agreement to the

contrary, be the first owner of the copyright therein;

[(dd)

in the case of a work made or first published by or under the direction or control of any public

undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the

first owner of the copyright therein.

Explanation.- For the purposes of this clause and section 28A, "public undertaking" means-

(i) an undertaking owned or controlled by Government; or

(ii) a Government company as defined in section 617 of the Companies Act, 1956; or

(iii) a body corporate established by or under any Central, Provincial or State Act;]

(e) in the case of a work to which the provisions of section 41 apply, the international organisation

concerned shall be the first owner of the copyright therein.

18. Assignment of copyright. -(1) The owner of the copyright in an existing work or the prospective

owner of the copyright in a future work may assign to any person the copyright either wholly or

partially and either generally or subject to limitations and either for the whole term of the copyright or

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any part thereof:

Provided that in the case of the assignment of copyright in any future work, the assignment shall take

effect only when the work comes into existence.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the

assignee as respects the rights so assigned, and the assignor as respects the rights not assigned,

shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act

shall have effect accordingly.

(3) In this section, the expression "assignee" as respects the assignment of the copyright in any

future work includes the legal representatives of the assignee, if the assignee dies before the work

comes into existence.

19.Mode of assignment.- [(1)]

No assignment of the copyright in any work shall be valid unless it

is in writing signed by the assignor or by his duly authorised agent.

(2)

The assignment of copyright in any work shall identify such work, and shall specify the rights

assigned and the duration and territorial extent of such assignment.

(3)

The assignment of copyright in any work shall also specify the amount of royalty payable, if any,

to the author or his legal heirs during the currency of the assignment and the assignment shall be

subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4)

Where the assignee does not exercise the rights assigned to him under any of the other sub-

sections of this section within a period of one year from the date of assignment, the assignment in

respect of such rights shall be deemed to have lapsed after the expiry of the said period unless

otherwise specified in the assignment.

(5)

If the period of assignment is not stated, it shall be deemed to be five years from the date of

assignment.

(6)

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend

within India.

(7)

Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section

(6) shall be applicable to assignments made before the coming into force of the Copyright

(Amendment) Act, 1994.

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Disputes with respect to assignment of copyright.-(1) If an assignee fails to make sufficient

exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the

assignor, then, the Copyright Board may, on receipt of a complaint from the assignor and after

holding such inquiry as it may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright the Copyright Board may, on

receipt of a complaint from the aggrieved party and after holding such inquiry as it considers

necessary, pass such order as it may deem fit including an order for the recovery of any royalty

payable:

Provided that the Copyright Board shall not pass any order under this sub-section to revoke the

assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the

assignor is also the author :

Provided further that no order of revocation of assignment under this sub-section, 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

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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

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 provisions of sub-section (3),

cease to exist from the date of the notice.

(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause it to be

published in the Official Gazette and in such other manner as he may deem fit.

(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect

any rights subsisting in favour of any person on the date of the notice referred to in sub-section (1).

52. Ins. by s. 8, ibid. (w.e.f. 9-8-1984)

53. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984)

54. S. 19 re-numbered as sub-section (1) thereof by s. 9, ibid., (W.G.f. 9-8-1984)

55. (Subs. by Act 38 of 1994, s. 19.)

56. (Subs. by Act 38 of 1994, s. 19)

57. (Subs. by Act 38 of 1994, s. 19)

58. (Subs. by Act 38 of 1994, s. 19.)

59. (Subs. by Act 38 of 1994, s, 19.)

60. (Subs. by Act 38 of 1994, s. 19.)

61. Subs. by Act 38 of 1994, s. 19

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CHAPTER V

Term of Copyright

22. Term of copyright in published literary, dramatic, musical and artistic works.-Except as

otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic

work (other than a photograph) published within the lifetime of the author until

[sixty] years from the

beginning of the calendar year next following the year in which the author dies.

Explanation.- In this section the reference to the author shall, in the case of a work of joint authorship,

be construed as a reference to the author who dies last.

23. Term of copyright in anonymous and pseudonymous works.-(1) In the case of a literary,

dramatic, musical or artistic work (other than a photograph), which is published anonymously or

pseudonymously, copyright shall subsist until

[sixty] years from the beginning of the calendar year

next following the year in which the work is first published :

Provided that where the identity of the author is disclosed before the expiry of the said period,

[sixty] years from the beginning of the calendar year next following the

year in which the author dies.

(2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint

authorship, be construed,-

(a) where the identity of one of the authors is disclosed, as references to that author;

(b) where the identity of more authors than one is disclosed, as references to the author who dies last

from amongst such authors.

(3) In sub-section (1) references to the author shall, in the case of a pseudonymous work of joint

authorship, be construed,-

(a) where the names of one or more (but not all) of the authors are pseudonymous and his or their

identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the

names of two or more of the authors are not pseudonyms, as references to such of those authors

who dies last;

(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of

one or more of them is disclosed, as references to the author who dies last from amongst the authors

whose names are not pseudonyms and the authors whose names are pseudonyms and are

disclosed; and

as references to the author whose identity is disclosed or if the identity of two or more of such

authors is disclosed, as references to such of those authors who dies last.

Explanation.- For the purposes of this section, the identity of an author shall be deemed to have been

disclosed, if either 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 the posthumous work.-(1) In the case of a literary, dramatic or musical

work or an engraving, in which copyright subsists at the date of the death of the author or, in the case

of any such work of joint authorship, at or immediately before the date of the death of the author who

dies last, but which, or any adaptation of which, has not been published before that date, copyright

shall subsist until

[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,

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from the beginning of the calendar year next following that year.

(2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such

work shall be deemed to have been published, if it has been performed in public or if any records

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

[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

[sixty] years from the beginning of the calendar year next following the year in which

the film is published.

27. Term of copyright in records.-In the case of a

[sound recording], copyright shall subsist until

[sixtyl years from the beginning of the calendar year next following the year in which the

[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.- In the case of a work, where a public

undertaking is the first owner of the copyright therein, copyright shall until

[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 organisations.- In the case of a work of an

international organisation to which the provisions of section 41 apply, copyright shall subsist until

[sixty] years from the beginning of the calendar year next following the year in which the work is first

published.

62. Subs. by Act 13 of 1992, s. 2 for'fifty'.

63. Subs. by Act 13 of 1992, s. 2 for'fifty".

64. Subs. by Act 13 of 1992, s. 2 for `fifty".

65. Subs. by Act 13 of 1992, S. 2 for `fifty'

66. Subs. by Act 13 of 1992, s. 2 for'fifty'.

67. Subs. by Act 13 of 1992, s. 2 for `fifty'.

68. Subs. by Act 38 of 1994, s. 2 for "record".

69. Subs. by Act 13 of 1992, 2 for `fifty'.

70. Subs. by Act 38 of 1994, s. 2 for "record"

71. Subs. by Act 13 of 1992, s. 2 for "fiW"

72. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1994)

73. Subs. by Act 13 of 1992, s. 2 for "lifty"

74. Subs. by Act 13 of 1992, s. for "fifty"

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CHAPTER VI

LICENCES

30.Licences by owners of copyright.- The owner of the copyright in any existing work or the

prospective owner of the copyright in any future work may grant any interest in the right by licence in

writing signed by him or by his duly authorised agent:

Provided that in the case of a licence relating to copyright in any future work, the licence shall take

effect only when the work comes into existence.

Explanation.- Where a person to whom a licence relating to copyright in any future work is granted

under this section dies before the work comes into existence, his legal representatives shall, in the

absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

30A. Application of sections 19and 19A.-The provisions of sections 19 and 19A shall, with any

necessary adaptations and modifications, apply in relation to a licence under section 30 as they

apply in relation to assignment of copyright in a work.

31. Compulsory licence in works withheld from public.-(1) If at any time during the term of

to the Copyright Board that the owner of copyright in the work- (a) has refused to republish or allow

the republication of the work or has refused to allow the performance in public of the work, and by

reason of such refusal the work is withheld from the public; or

(b) has refused to allow communication to the public by

[broadcast], of such work or in the case of

[sound recording] the work recorded in such [sound recording], on terms which the complainant

considers reasonable; the Copyright Board, after giving to the owner of the copyright in the work a

reasonable opportunity of being heard and after holding such inquiry as it may deem necessary,

may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of

Copyrights to grant to the complainant a licence to republish the work, perform the work in public or

communicate the work to the public by [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

the complainant in accordance with the directions of the Copyright Board, on payment of such fee as

may be prescribed.

Explanation.- In this sub-section, the expression "Indian work' includes-

(i) an artistic work, the author of which is a citizen of India; and

(ii) a cinematograph film or a record made or manufactured in India.

(2) Where two or more persons have made a complaint under sub-section (1), the licence shall be

granted to the complainant who in the opinion of the Copyright Board would best serve the interests

of the general public.

31A.Compulsory licence in unpublished Indian works.-(1) Where, in the case of an Indian work

referred to in sub-clause (iii) of clause (a) 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

(2) Before making an application under sub-section (1), the applicant shall publish his proposal in

one issue of a daily newspaper in the English language having circulation in the major part of the

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country and where the application is for the publication of a translation in any language, also in one

issue of any daily newspaper in that language.

(3) Every such application shall be made in such form as may be prescribed and shall be

accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be

prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding

such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a

licence to publish the work or a translation thereof in the language mentioned in the application

subject to the payment of such royalty and subject to such other terms and conditions as the

the applicant in accordance with the direction of the Copyright Board.

(5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct

the applicant to deposit the amount of the royalty determined by the Copyright Board in the public

account of India or in any other account specified by the Copyright Board so as to enable the owner

of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim

such royalty at any time.

(6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in

sub-section (1), if the original author is dead, the Central Government may, if it considers that the

publication of the work is desirable in the national interest, require the heirs, executors or legal

representatives of the author to publish such work within such period as may be specified by it.

(7) Where any work is not published within the period specified by the Central Government under

sub-section (6), the Copyright Board may, on an application made by any person for permission to

publish the work and after hearing the parties concerned, permit such publication on payment of

such royalty as the Copyright Board may, in the circumstances of such case, determine in the

prescribed manner.]

32.Licence to produce and publish translations.- (1) Any person may apply to the Copyright

Board for a licence to produce and publish a translation of a literary or dramatic work in any

language 2[after a period of seven years from the first publication of the work].

(1A)

Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright

Board for a licence to produce and publish a translation, in printed or analogous forms of

reproduction, of a literary or dramatic work, other than an Indian work, in any language in general

use in India after a period of three years from the publication of such work, if such translation is

required for the purposes of teaching, scholarship or research:

Provided that where such translation is in a language not in general use in any developed country,

such application may be made after a period of one year from such publications.]

(2) Every

[application under this section] shall be made in such form as may be prescribed and

shall state the proposed retail price of a copy of the translation of the work.

(3) Every applicant for a licence under this section shall, along with his application, deposit with the

Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding

such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to

produce and publish a translation of the work in the language mentioned in

[the application-

(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work

royalties in respect of copies of the translation of the work sold to the public, calculated at such rate

as the Copyright Board may, in the circumstances of each case, determine in the prescribed

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manner; and

(ii) where such licence is granted on an application under sub-section (1A)

, subject also to the

condition that the licence shall not extend to the export of copies of the translation of the work

outside India and every copy of such translation shall contain a notice in the language of such

translation that the copy is available for distribution only in India:

Provided that nothing in clause (ii) shall apply to the export by Government or any authority under

the Government of copies of such translation in a language other than English, French or Spanish to

any country if-

(1) such copies are sent to citizens of India residing outside India or to any association of such

citizens outside India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for

any commercial purpose; and

(3) in either case, the permission for such export has been given by the Government of that country]

[Provided further that no licence under this section] shall be granted, unless-

(a) a translation of the work in the language mentioned in the application has not been published by

the owner of the copyright in the work or any person authorised by him,

[within seven years or

three years or one year, as the case may be, of the first publication of the work], or if a translation

has been so published, it has been out of print;

(b) the applicant has proved to the satisfaction of the Copyright Board that he had requested and

had been denied authorisation by the owner of the copyright to produce and publish such translation,

or that

[he was, after due diligence on his part, unable to find] the owner of the copyright;

request for

[such authorisation by registered air mail post to the publisher whose name appears

from the work, and in the case of an application for a licence under sub-section (1)], not less than

two months before

[such application];

[(cc)

a period of six months in the case of an application under sub-section (1A) (not being an

application under the proviso thereto), or nine months in the case of an application under the proviso

to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso,

or where a copy of the request has been sent under clause (c) of this proviso, from the date of

sending of such copy, and the translation of the work in the language mentioned in the application

has not been published by the owner of the copyright in the work or any person authorised by him

within the said period of six months or nine months, as the case may be;

(ccc) in the case of any application made under sub-section (1A),-

(i) the name of the author and the title of the particular edition of the work proposed to be translated

are printed on all the copies of the translation;

(ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied

with;]

(d) the Copyright Board is satisfied that the applicant is competent to produce and publish a correct

translation of the work and possesses the means to pay to the owner of the copyright the royalties

payable to him under this section;

(e) the author has not withdrawn from circulation copies of the work; and

(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the

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work.

[(5)

Any broadcasting authority may apply to the Copyright Board for a licence to produce and

publish the translation of-

(a) a work referred to in sub-section (1A) and published in printed or analogous forms of

reproduction; or

(b) any text incorporated in audio-visual fixations prepared had published solely for the purpose of

systematic instructional activities, for broadcasting such translation for the purposes of teaching or

for the dissemination of the results of specialised, technical or scientific research to the experts in

any particular field.

(6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under

sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under sub-

section (5) and such licence shall not also be granted unless-

(a) the translation is made from a work lawfully acquired;

(b) the broadcast is made through the medium of sound and visual recordings;

by the applicant or by any other broadcasting agency; and

(d) the translation and the broadcasting of such translation are not used for any commercial

purposes.Explanation.- For the purposes of this section,-

(a) "developed country" means a country which is not a developing country;

(b) "developing country" means a country which is for the time being regarded as such in conformity

with the practice of the General Assembly of the United Nations;

by bodies corporate (not being bodies corporate owned or controlled by Government) or other

associations or body of persons for commercial purposes;

(d) "purposes of teaching, research or scholarship" includes-

(i) purposes of instructional activity at all levels in educational institutions, including Schools,

Colleges, Universities and tutorial institutions; and

(ii) purposes of all other types of organised educational activity.]

[32A.Licence to reproduce and publish works for certain purposes.-

(1) Where, after the

expiration of the relevant period from the date of the first publication of an edition of a literary,

scientific or artistic work,-

(a) the copies of such edition are not made available in India; or

(b) such copies have not been put on sale in India for a period of six months to the general public, or

in connection with systematic instructional activities at a price reasonably related to that normally

charged in India for comparable works by the owner of the right of reproduction or by any person

authorised by him in this behalf, any person may apply to the Copyright Board for a licence to

reproduce and publish such work in printed or analogous forms of reproduction at the price at which

such edition is sold or a lower price for the purposes of systematic instructional activities.

(2) Every such application shall be made in such form as may be prescribed and shall state the

proposed retail price of a copy of the work to be reproduced.

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(3) Every applicant for a licence under this section shall, along with his application, deposit with the

Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding

such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to

produce and publish a reproduction of the work mentioned in the application subject to the

conditions that,-

(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of

the reproduction of the work sold to the public, calculated at such rate as the Copyright Board may,

in the circumstances of each case, determine in the prescribed manner;

(ii) a licence granted under this section shall not extend to the export of copies of the reproduction of

the work outside India and every copy of such reproduction shall contain a notice that the copy is

available for distribution only in lndia :

Provided that no such licence shall be granted unless-

(a) the applicant has proved to the satisfaction of the Copyright Board that he had requested and

had been denied authorisation by the owner of the copyright in the work to reproduce and publish

such work or that he was, after due diligence on his part, unable to find such owner;

(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his

request for such authorisation by registered airmail post to the publisher whose name appears from

the work not less than three months before the application for the licence;

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

the same standard on the same or similar subjects;

(e) a period of six months in the case of application for the reproduction and publication of any work

of natural science, physical science, mathematics or technology, or a period of three months in the

case of an application for the reproduction and publication of any other work, has elapsed from the

date of making the request under clause (a), or where a copy of the request has been sent under

clause (b), from the date of sending of a copy, and a reproduction of the work has not been

published by the owner of the copyright in the work or any person authorised by him within the said

period of six months or, three months, as the case may be;

(f) the name of the author and the title of the particular edition of the work proposed to be

reproduced are printed on all the copies of the reproduction;

(g) the author has not withdrawn from circulation copies of the work; and

(h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the

work.

(5) No licence to reproduce and publish the translation of a work shall be granted under this section

unless such translation has been published by the owner of the right of translation or any person

authorised by him and the translation is not in a language in general use in India.

(6) The provisions of this section shall also apply to the reproduction and publication, or translation

into a language in general use in India, of any text incorporated in audio-visual fixations prepared

and published solely for the purpose of systematic instructional activities.

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Explanation.- For the purposes of this section, "relevant period", in relation to any work, means a

period of-

(a) seven years from the date of the first publication of that work, where the application is for the

reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;

(b) three years from the date of the first publication of that work, where the application is for the

reproduction and publication of any work of, or relating to, natural science, physical science,

mathematics or technology; and

32B. Termination of licences issued under this chapter.-(1) If, at any time after the granting of a

licence to produce and publish the translation of a work in any language under sub-section (1A) of

section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright

in the work or any person authorised by him publishes a translation of such work in the same

language and which is substantially the same in content at a price reasonably related to the price

normally charged in India for the translation of works of the same standard on the same or similar

subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months

from the date of service of a notice in the prescribed manner on the person holding such licence by

the owner of the right of translation intimating the publication of the translation as aforesaid:

Provided further that copies of the licensed work produced and published by the person holding such

licence before the termination of the licence takes effect may continue to be sold or distributed until

the copies already produced and published are exhausted.

(2) If, at any time after the granting of a licence to produce and publish the reproduction or

translation of any work under section 32A, the owner of the right of reproduction or any person

authorised by him sells or distributes copies of such work or a translation thereof, as the case may

be, in the same language and which is substantially the same in content at a price reasonably

related to the price normally charged in India for work of the same standard on the same or similar

subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months

from the date of service of a notice in the prescribed manner on the person holding the licence by

the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of

work as aforesaid:

Provided further that any copies already reproduced by the licensee before such termination takes

effect may continue to be sold or distributed until the copies already produced are exhausted.]

75. Ins. by Act 38 of 1994, s. 30. )

76. Subs. by Act 23 of 1983, s. 2 for "radio-diffusion" (w.e.f. 9-8-1984)

77. Subs. by Act 38 of 1994, s. 2 for "record"

78. Lins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).

79. Subs. by Act 38 of 1994, s. 12 (w.e.f. 9-8-1984).

80. Ins. by S. 13, ibid. (w.e.f. 9-8-1984).

81. Subs. by Act 23 of 1983, for "such application" (w.e.f. 9-8-1984).

82. Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).

83. Subs. by s. 13, ibid., for "Provided that no such licence" (w.e.f. 9-8-1984).

84. Ins. by s.13, ibid (w.e.f. 9-8-94).

85. Subs. by Act 23 of 1983, s. 13 for certain words (w.e.f. 9-8-94).

86. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).

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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 licences in respect of any work in which copyright subsists on respect 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 owner of copyright shall, in his individual capacity, continue to have the right to grant

licences in respect of his own works consistent with his obligations as a member of the registered

Provided further that the performing rights society functioning in accordance with the provisions of

section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act,

1994 shall be deemed to be a copyright society for the purposes of this Chapter and every such

society shall get itself registered within a period of one year from the date of commencement of the

(2) Any association of persons who fulfils such conditions as may be prescribed may apply for

permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall

submit the application to the Central Government.

(3) The Central Government may, having regard to the interests of the authors and other owners of

rights under this Act, the interest and convenience of the public and in particular of the groups of

persons who are most likely to seek licences in respect of the relevant rights and the ability and

professional competence of the applicants, register such association of persons as a copyright

society subject to such conditions as may be prescribed:

Provided that the Central Government shall not ordinarily register more than one copyright society to

do business in respect of the same class of works.

(4) The Central Government may, if it is satisfied that a copyright society is being managed in a

manner detrimental to the interests of the owners of rights concerned, cancel the registration of such

society after such inquiry as may be prescribed.

(5) If the Central Government is of the opinion that in the interest of the owners of rights concerned, it

is necessary so to do, it may, by order, suspend the registration of such society pending inquiry for

such period not exceeding one year as may be specified in such order under sub-section (4) and that

Government shall appoint an administrator to discharge the functions of the copyright society.

34.

Administration of rights of owner by copyright society.-(1) Subject to such conditions as

may be prescribed,-

(a) a copyright society may accept from an owner of rights exclusive authorisation to administer any

right in any work by issue of licences or collection of licence fees or both; and

(b) an owner of rights shall have the right to withdraw such authorisation without prejudice to the

rights of the copyright society under any contract.

(2) It shall be competent for a copyright society to enter into agreement with any foreign society or

organisation administering rights corresponding to rights under this Act, to entrust to such foreign

society or organisation the administration in any foreign country of rights administered by the said

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such foreign society or organisation:

Provided that no such society or organisation shall permit any discrimination in regard to the terms of

licence or the distribution of fees collected between rights in Indian and other works.

(3) Subject to such conditions as may be prescribed, a copyright society may-

(i) issue licences under section 30 in respect of any rights under this Act;

(ii) collect fees in pursuance of such licences;

(iii) distribute such fees among owners of rights after making deductions for its own expenses;

(iv) perform any other functions consistent which the provisions of section 35.

34A.

Payment of remuneration 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 purpose of this section.

(2) The copyright society shall, subject to such rules as may be made in this behalf, frame a scheme

for determining the quantum of remuneration payable to individual copyright owners having regard to

the number of copies of the work in circulation:

Provided that such scheme shall restrict payment to the owners of rights whose works have attained

a level of circulation which the copyright society considers reasonable.

35. Control over the copyright society by the owner of rights.-

(1) Every copyright society shall

be subject to the collective control of the owners of rights under this Act whose rights it administers

(not being owners of rights under this Act administered by a foreign society or organisation referred

to in sub-section (2) of section (34) and shall, in such manner as may be prescribed,- (a) obtain the

approval of such owners of rights for its procedures of collection and distribution of fees;

(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other

than distribution to the owner of rights; and

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

of Copyrights such returns as may be prescribed.

(2) Any officer duly authorised by the Central Government in this behalf may call for any report and

also call for any records of any copyright society for the purpose of satisfying himself that the fees

collected by the society in respect of rights administered by it are being utilised or distributed in

accordance with the provisions of this Act.

36A.Rights and liabilities of performing rights societies.-

Nothing in this Chapter shall affect

any rights or liabilities in any work in connection with a performing rights society which had accrued

or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act,

1994, or any legal proceedings in respect of any such rights or liabilities pending on that day."

1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra

and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry by Reg. 7 of 1963, S. 3 and

Sch. 1; and brought into force in the State of Sikkim (w.e.f. 27-4-1979): vide Notification No. S.O.

Page 25

226(E), dated 27-4-1979, Gazette of India, Extraordinary, Part II, Section 3(ii), page 430

86a. Subs. by Act 38 of 1994, s. 33

87. Subs. by Act 38 of 1994, s. 34

88. Ins. by Act 38 of 1994, s. 34A

89. Subs. by Act 38 of 1994, s. 35

90. Subs. by Act 38 of 1994, s. 36

91. Ins. of Act 38 of 1994, s. 36A

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CHAPTER VIII

Rights of Broadcasting

Organisation and of Performers

37.

Broadcast reproduction right.-(1) Every broadcasting organisation shall have a special right to

be known as "broadcast reproduction right" in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the

calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person

who, without the licence of the owner of the right does any of the following acts of the broadcast or

any substantial part thereof,-

(a) re-broadcasts the broadcast; or

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or

(d) makes any reproduction of such sound recording or visual recording where such initial recording

was done without licence or, where it was licensed, for any purpose not envisaged by such licence;

(e) sells or hires to the public or offers for such sale or hire, any such sound recording or visual

recording referred to in clause (c) or clause (d) shall, subject to the provisions of section 39, be

deemed to have infringed the broadcast reproduction right.

38.

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

96A

fifty years from the beginning of the calendar year next

following the year in which the performance is made.

(3) During the continuance of a performer's right in relation to any performance, any person who,

without the consent of the performer, does any of the following acts in respect of the performance or

any substantial part thereof, namely :-

(a) makes a sound recording or visual recording of the performance; or

(b) reproduces a sound recording or visual recording of the performance, which sound recording or

visual recording was-

(i) made without the performer's consent; or

(ii) made for purposes different from those for which the performer gave his consent; or

(iii) made for purposes different from those referred to in section 39 from a sound recording or visual

recording which was made in accordance with section 39; or

recording other than one made in accordance with section 39, or is a re-broadcast by the same

broadcasting organisation of an earlier broadcast which did not infringe the performer's right; or

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(d) communicates the performance to the public otherwise than by broadcast, except where such

communication to the public is made from a sound recording or a visual recording or a broadcast,

shall, subject to the provision of section 39, be deemed to have infringed the performer's right.

(4) Once a performer has consented to the incorporation of his performance in a cinematograph film,

the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance.

39.

Acts not infringing broadcast reproduction right or performer's right. - No broadcast

reproduction right or performer's right shall be deemed to be infringed by-

(a) the making of any sound recording or visual recording for the private use of the person making

such recording, or solely for purposes of bona fide teaching or research; or

(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the

reporting of current events or for bona fide review, teaching or research; or

infringement of copyright under section 52.

39A.

Other provisions applying to broadcast reproduction right and performer's right.-

Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and

modifications, apply in relation to the broadcast reproduction right in any broadcast and the

performers' right in any performance as they apply in relation to copyright in a work :

Provided that where copyright or performer's right subsists in respect of any work or performance that

has been broadcast, no licence to reproduce such broadcast shall take effect without the consent of

the owner of rights or performer, as the case maybe, or both of them.

92. Subs. by Act.38 of 1994, cl. 12 for 'Authorities'

93. Subs. by Act 38 of 1994, s. 37

94. Subs. by Act 38 of 1994, s. 38

95. Subs. by Act 38 of 1994, s. 39

96. Subs. by Act 38 of 1994, s. 39A.

[96A. Subs. By Act 49 of 1999, Section 4, for twenty five years (wef 15.1.2000)]

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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 class territory outside India to which the order relates in like manner

as if they were first published within India;

(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of

the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the

authors were citizens of India;

such domicile were in India;

(d) to any work of which the author was at the date of the first publication thereof, or, in a case where

the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country

to which the order relates in like manner as if the author was a citizen of lndia at that date or time;

and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply

accordingly:

Provided that-

(i) before making an order under this section in respect of any foreign country (other than a country

with which India has entered into a treaty or which is a party to a convention relating to copyright to

which India is also a party), the Central Government shall be satisfied that that foreign country has

made, or has undertaken to make, such provisions if any, as it appears to the Central Government

expedient to require for the protection in that country of works entitled to copyright under the

provisions of this Act;

(ii) the order may provide that the provisions of this Act shall apply either generally or in relation to

such classes of works or such classes of cases as may be specified in the order;

(iii) the order may provide that the term of copyright in India shall not exceed that conferred by the

law of the country to which the order relates;

(iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the

accomplishment of such conditions and formalities, if any, as may be prescribed by the order;

(v) in applying the provisions of this Act as to ownership of copyright, the order may make such

exceptions and modifications as appear necessary, having regard to the law of the foreign country;

(vi) the order may provide that this Act or any part thereof shall not apply to works made before the

commencement of the order or that this Act or any part thereof small not apply to works first

published before the commencement of the order.

98A

"40A. (1) If the Central Government is satisfied that a foreign country (other than a country with

which India has entered into a treaty or which is a party to a convention relating to rights of

broadcasting organisations and performers to which India is also a party) has made or has

undertaken to make such provisions, if any, as it appears to the Central Government expedient to

require, for the protection in that foreign country, of the rights of broadcasting organisations and

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performers as is available under this Act, it may, by order published in the Official Gazette, direct that

the provisions of Chapter VIII shall apply -

(a) to broadcasting organisations whose headquarters is situated in a country to which the order

relates or, the broadcast was transmitted from a transmitter situated in a country to which the order

relates as if the headquarters of such organisation were situated in India or such broadcast were

made from India;

(b) to performances that took place outside India to which the order relates in like manner as if they

took place in India;

order relates as if it was published in India;

(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the

headquarters of which is located in a country to which the order relates or where the broadcast is

transmitted from a transmitter which is situated in a country to which the order relates as if the

headquarters of such organisation were situated in India or such broadcast were made from India.

(2) Every order made under sub-section (1) may provide that -

(i) the provisions of Chapter VIII shall apply either generally or in relation to such class or classes of

broadcasts or performances or such other class or classes of cases as may be specified in the order;

(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such

term as is conferred by the law of the country to which the order relates;

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of

such conditions and formalities, if any, as may be specified in that order;

(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances made before the

commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and

performances broadcast or performed before the commencement of the order;

(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of

Chapter VIII shall apply with such exceptions and modifications as the Central Government may,

having regard to the law of the foreign country, consider necessary."

41. Provisions as to works of certain international organisations. -(1) Where-

(a) any work is made or first published by or under the direction or control of any organisation to

which this section applies, and

(b) there would, apart from this section, be no copyright in the work in India at the time of the making

or, as the case may be, of the first publication thereof, and

(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author,

being an agreement which does not reserve to the author the copyright, if any, in the work, or

(ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue

of this section, be copyright in the work throughout India.

(2) Any organisation to which this section applies which at the material time had not the legal

capacity of a body corporate shall have and be deemed at all material times to have had the legal

capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in

connection with all legal proceedings relating to copyright.

(3) The organisation to which this section applies are such organisations as the Central Government

may, by

order published in the Official Gazette, declare to be organisations of which one or more

sovereign powers or the Government or Governments thereof are members to which it is expedient

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that this section shall apply.

42. Power to restrict rights in works of foreign authors first published in India. -If it appears to

the Central Government that a foreign country does not give or has not undertaken to give adequate

protection to the works of Indian authors, the Central Government may, by order published in the

Official Gazette, direct that such of the provisions of this Act as confer copyright on works first

published in India shall not apply to works, published after the date specified in the order, the authors

whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon

those provisions shall not apply to such works.

98B

"42A. If it appears to the Central Government that a foreign country does not give or has not

undertaken to give adequate protection to rights of broadcasting organisations or performers, the

Central Government may, by order published in the Official Gazette, direct that such of the provisions

of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not

apply to broadcasting organisations or performers whereof are based on incorporated in such foreign

country or are subjects or citizens of such foreign country and are not incorporated or domiciled in

India, and thereupon those provisions shall not apply to such broadcasting organisations or

performers."

43. Orders under this Chapter to be laid before Parliament.- Every order made by the Central

Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses

of Parliament and shall be subject to such modifications as Parliament may make during the session

in which it is so laid or the session immediately following.

97. For International Copyright Order, 1991, see Gazette of India, Extraordinary, Pt. II, Sec. 3, No.

561

98. For Copyright (International Organisations) Order, 1991, see Gazette of India, Pt. II, Sec. 3, No.

561

[98A. Ins. By Act 49 of 1999, Section 5 (wef 15.1.2000)]

[98B. Ins. By Act 49 of 1999, Section 6(wef 15.1.2000)]

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CHAPTER X

Registration of Copyright

44. Register of Copyrights. -There shall be kept at the Copyright Office a register in the prescribed

form to be called the Register of Copyrights in which may be entered the names or titles of works and

the names and addresses of authors, publishers and owners of copyright and such other particulars

as may be prescribed.

45. Entries in register of Copyrights. -(1) The author or publisher of, or the owner of or other

person interested in the copyright in, any work may make an application in the prescribed form

accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work

in the Register of Copyrights :

[Provided that in respect of an artistic work which is used or is capable of being used in relation to

any goods, the application shall include a statement to that effect and shall be accompanied by a

certificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandise

Marks Act, 1958, to the effect that no trade mark identical with or deceptively similar to such artistic

work has been registered under that Act in the name of, or that no application has been made under

that Act for such registration by, any person other than the applicant.]

(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of

Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the

46. Indexes. -There shall be also kept at the Copyright Office such indexes of the Register of

Copyrights as may be prescribed.

47. Forms 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 partriculars entered therein. -The

purporting to be copies of any entries therein, or extracts therefrom certified by the Registrar of

Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all

courts without further proof or production of the original.

49. Correction of entries in the Register of Copyrights. -The Registrar of Copyrights may, in the

prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights

by-

(a) correcting any error in any name, address or particulars; or

(b) correcting any other error which may have arisen therein by accidental slip or omission.

50. Rectification of Register by Copyright Board. -The Copyright Board, on application of the

Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of

Copyrights by-

(a) the making of any entry wrongly omitted to be made in the register, or

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(b) the expunging of any entry wrongly made in, or remaining on, the register, or

[50A. Entries in the Register of Copyrights,etc, to be published.

100

Every entry made in the

entry made in such register under section 49, and every rectification ordered under section 50, shall

be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may

deem fit.]

99. Added by Act 23 of 1983, s. 16 (w.e..f. 9-8-1984).

100. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9-8-1984).

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CHAPTER XI

Infringement of Copyright

51. When copyright infringed. -Copyright in a work shall be deemed to be infringed-

(a) when any person, without a licence granted by the owner of the copyright or the Registrar of

Copyrights under this Act or in contravention of the conditions of a licence so granted or of any

condition imposed by a competent authority under this Act-

(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the

(ii)

101

permits for profit any place to be used for the communication of the work to the public where

such communication constitutes an infringement of the copyright in the work, unless he was not

aware and had no reasonable ground for believing that such communication to the public would be

an infringement of copyright; or

(b) when any person-

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire,

(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner

of the copyright, or

(iii) by way of trade exhibits in public, or

(iv) imports

102

***** into India, any infringing copies of the work

103

Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the

private and domestic use of the importer.

Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or

artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy".

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

104

[not being a computer

programme] for the purposes of-

(i)

105

private use, including research;

(ii) criticism or review, whether of that work or of any other work; "

(aa)

106

the making of copies or adaptation of a computer programme by the lawful possessor of a

copy of such computer programme, from such copy-

(i) in order to utilise the computer programme for the 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 utilise the computer programme for the purpose for which it was supplied;"

121A

"(ab) the doing of any act necessary to obtain information essential for operating inter-operability

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of an independently created computer programme with other programmes by a lawful possessor of a

computer programme provided that such information is not otherwise readily available;

(ac) the observation, study or test of functioning of the computer programme in order to determine

the ideas and principles which underline any elements of the programme while performing such acts

necessary for the functions for which the computer programme was supplied;

(ad) the making of copies or adaptation of the computer programme from a personally legally

obtained copy for non-commercial personal use; ;

(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current

events-

(i) in a newspaper, magazine or similar periodical, or

(ii) by

107

[broadcast] or in a cinematograph film or by means of photographs.

108

[Explanation.- The publication of a compilation of addresses or speeches delivered in public is not

a fair dealing of such work within the meaning of this clause;]

proceeding or for the purpose of a report of a judicial proceeding;

(d) the reproduction or publication of a literary, dramatic, musical or artistic work in any work

prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the

Secretariat of either House of the Legislature, exclusively for the use of the members of that

Legislature;

(e) the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in

accordance with any law for the time being in force;

(f) the reading or recitation in public of any reasonable extract from a published literary or dramatic

work;

(g) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for

the use of educational institutions, and so described in the title and in any advertisement issued by or

on behalf of the publisher, of short passages from published literary or dramatic works, not

themselves published for the use of educational institutions, in which copyright subsists :

Provided that not more than two such passages from works by the same author are published by the

same publisher during any period of five years.

Explanation.- In the case of a work of joint authorship, references in this clause to passages from

works shall include references to passages from works by any one or more of the authors of those

passages or by any one or more of those authors in collaboration with any other person;

(h) the reproduction of a literary, dramatic, musical or artistic work-

(i) by a teacher or a pupil in the course of instruction; or

(ii) as part of the questions to be answered in an examination; or

(iii) in answers to such questions;

(i) the performance, in the course of the activities of an educational institution, of a literary, dramatic

or musical work by the staff and students of the institution, or of a cinematograph film or a

109

[sound

recordings] if the audience is limited to such staff and students, the parents and guardians of the

students and persons directly connected with the activities of the institution

110

[or the communication

to such an audience of a cinematograph film or sound recording].

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(j)

111

the making of sound recordings in respect of any literary, dramatic or musical work, if-

(i) sound recordings of that work have been made by or with the licence or consent of the owner of

the right in the work;

(ii) the person making the sound recordings has given a notice of his intention to make the sound

recordings, has provided copies of all covers or labels with which the sound recordings are to be

sold, and has paid in the prescribed manner to the owner of rights in the work royalities in respect of

all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf:

Provided that-

(i) no alterations shall be made which have not been made previously by or with the consent of the

owner of rights, or which are not reasonably necessary for the adaptation of the work for the purpose

of making the sound recordings;

(ii) the sound recordings shall not be issued in any form of packaging or with any label which is likely

to mislead or confuse the public as to their identity;

(iii) no such sound recording shall be made until the expiration of two calendar years after the end of

the year in which the first sound recording of the work was made; and

(iv) the person making such sound recordings shall allow the owner of rights or his duly authorised

agent or representative to inspect all records and books of account relating to such sound recording:

Provided further that if on a complaint brought before the Copyright Board to the effect that the owner

of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this

clause, the Copyright Board is, prima facie, satisfied that the complaint is genuine, it may pass an

order ex parte directing the person making the sound recording to cease from making further copies

and, after holding such inquiry as it considers necessary, make such further order as it may deem fit,

including an order for payment of royalty;

(k)

112

the causing of a recording to be heard in public by utilising it,-

(i) in an enclosed room or hall meant for the common use of residents in any residential premises

(not being a hotel or similar commercial establishment) as part of the amenities provided exclusively

or mainly for residents therein; or

(ii) as part of the activities of a club or similar organisation which is not established or conducted for

profit;

(iii) as part of the activities of a club, society or other organisation which is not established or

conducted for profit;

(l) the performance of a literary, dramatic or musical work by an amateur club or society, if the

performance is given to a non-paying audience, or for the benefit of a religious institution;

(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic,

political, social or religious topics, unless the author of such article has expressly reserved to himself

the right of such reproduction;

(n) the publication in a newspaper, magazine or other periodical of a report of a lecture delivered in

public;

(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map,

chart or plan) by or under the direction of the person in charge of a public library for the use of the

library if such book is not available for sale in India;

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(p) the reproduction, for the purpose of research or private study or with a view to publication, of an

unpublished literary, dramatic or musical work kept in a library, museum or other institution to which

the public has access :

Provided that where the identity of the author of any such work or, in the case of a work of joint

authorship, of any of the authors is known to the library, museum or other institution, as the case may

be, the provisions of this clause shall apply only if such reproduction is made at a time more than

121B

sixty years from the date of the death of the author or, in the case of a work of joint authorship,

from the death of the author whose identity is known or, if the identity of more authors than one is

known from the death of such of those authors who dies last;

(q) the reproduction or publication of-

(i) any matter which has been published in any Official Gazette except an Act of a Legislature;

(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together

with any commentary thereon or any other original matter;

(iii) the report of any committee, commission, council, board or other like body appointed by the

Government if such report has been laid on the Table of the Legislature, unless the reproduction or

publication of such report is prohibited by the Government;

(iv) any judgement or order of a court, tribunal or other judicial authority, unless the reproduction or

publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority,

as the case may be;

(r) the production or publication of a translation in any Indian language of an Act of a Legislature and

of any rules or orders made thereunder-

(i) if no translation of such Act or rules or orders in that language has previously been produced or

published by the Government; or

(ii) where a translation of such Act or rules or orders in that language has been produced or

published by the Government, if the translation is not available for sale to the public:

Provided that such translation contains a statement at a prominent place to the effect that the

translation has not been authorised or accepted as authentic by the Government;

(s)

113

the making or publishing of a painting, drawing, engraving or photograph of a work of

architecture or the display of a work of architecture;

(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other

artistic work failing under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate

in a public place or any premises to which the public has access;

(u) the inclusion in a cinematograph film of-

(i) any artistic work permanently situate in a public place or any premises to which the public has

access; or

(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to

the principal matters represented in the film;

(v) the use by the author of an artistic work, where the author of such work is not the owner of the

the work :

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Provided that he does not thereby repeat or imitate the main design of the work;

114

******

(x) the reconstruction of a building or structure in accordance with the architectural drawings or plans

by reference to which the building or structure was originally constructed :

Provided that the original construction was made with the consent or licence of the owner of the

(y) in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph

film the exhibition of such film after the expiration of the term of copyright therein :

Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (a) of clause (b) and clauses

(d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an

acknowledgment-

(i) identifying the work by its title or other description; and

(ii) unless the work is anonymous or the author of the work has previously agreed or required that no

acknowledgement of his name should be made, also identifying the author.

(z)

115

the making of an ephemeral recording, by a broadcasting organisation using its own facilities

for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast;

and the retention of such recording for archival purposes on the ground of its exceptional

documentary character;

(za)

116

the performance of a literary, dramatic or musical work or the communication to the public of

such work or of a sound recording in the course of any bona fide religious ceremony or an official

ceremony held by the Central Government or the State Government or any local authority.

Explanation.- For the purpose of this clause, religious ceremony including a marriage procession and

other social festivities associated with a marriage.

(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of

a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as

they apply in relation to the work itself.

[52A. Particulars to be included in records and video films.

117

(1) No person shall publish a

118

[sound recording] in respect of any work unless the following particulars are displayed on the

[sound recording] and on any container thereof, namely:-

(a) the name and address of the person who has made the [sound recording];

(b) the name and address of the owner of the copyright in such work; and

(2) No person shall publish a video film in respect of any work unless the following particulars are

displayed in the video film, when exhibited, and on the video cassette or other container thereof,

namely :-

(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of

the Cinematograph Act, 1952, a copy of the certificate granted by the Broad of Film Certification

under section 5A of that Act in respect of such work;

(b) the name and address of the person who has made the video film and a declaration by him that

he has obtained the necessary licence or consent from the owner of the copyright in such work for

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making such video film; and

52B. Accounts and Audit.

119

(1) Every copyright society appointed under section 34A shall

maintain proper accounts and other relevant records and prepare an annual statement of accounts,

in such form and in such manner as may be prescribed by the Central Government in consultation

with the Comptroller and Auditor-General of India.

(2) The accounts of each of the copyright societies in relation to the payments received from the

Central Government shall be audited by the Comptroller and Auditor-General of India at such

intervals as may be specified by him and any expenditure incurred in connection with such audit shall

be payable by the copyright society to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General of India or any other person appointed by him in connection

with the audit of the accounts of the copyright society referred to in sub-section (2) shall have the

same rights and privileges and authority in connection with such audit as the Comptroller and

Auditor-General has in connection with the audit of the Government accounts and, in particular, shall

have the right to demand the production of books, accounts and other documents and papers and to

inspect any of the offices of the copyright society for the purpose only of such audit.

(4) The accounts of each of the copyright societies as certified by the Comptroller and Auditor-

Generai of India or any other person appointed by him in this behalf together with the audit report

thereon shall be forwarded annually to the Central Government and that Government shall cause the

same to be laid before each House of Parliament.

53. Importation of infringing copies. -(1) The Registrar of Copyrights, on application by the owner

of the copyright in any work or by his duly authorised agent and on payment of the prescribed fee,

may, after making such inquiry as he deems fit, order that copies made out of India of the work which

if made in India would infringe copyright shall not be imported.

(2) Subject to any rules made under this Act, the Registrar of Copyrights or any person authorised by

him in this behalf may enter any ship, dock or premises where any such copies as are referred to in

sub-section (1) may be found and may examine such copies.

(3) All copies to which any order made under sub-section (1) applies shall be deemed to be goods of

which the import has been prohibited or restricted

120

[under section 11 of the Customs Act, 1962],

and all the provisions of that Act shall have effect accordingly:

Provided that all such copies confiscated under the provisions of the said Act shall not vest in the

Government but shall be delivered to the owner of the copyright in the work.

53A. Resale share right in original copies.

121

(1) In the case of resale for a price exceeding ten

thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript

of a literary or dramatic work or musical work, the author of such work if he was the first owner of

rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such

work, have a right to share in the resale-price of such original copy or manuscript in accordance with

the provisions of this section:

Provided that such right shall cease to exist on the expiration of the term of copyright in the work.

(2) The share referred to in sub-section (1) shall be such as the Copyright Board may fix and the

decision of the Copyright Board in this behalf shall be final :

Provided that the Copyright Board may fix different shares for different classes of work :

Provided further that in no case shall the share exceed ten per cent of the resale price.

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(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the

101. Subs. by Act 38 of 1994, s. 51.

102. Certain words omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1984).

103. Subs. by Act 38 of 1994, s. 5 1

104. Ins. by Act 38 of 1984, s. 52.

105. Ins. by Act 38 of 1994, s. 52.

106. Ins. by Act 38 of 1994, s. 52.

107. Subs. by Act 23 of 1983, s. 2, for "radio-diffusion" (w.o.f. .9-8-1994).

108. Ins. by s. 18, ibid (w.e.f. 9-8-1984).

109. Subs. by Act 38 of 1984, s. 2, for "record".

110. Ins. by Act 38 of 1994, s. 52.

111. Subs. by Act 38 of 1994, s. 52.

112. Subs. by Act 38 of 1994, s. 52

113. Subs by Act 38 of 1994, s. 52

114. Clause (w) omitted by Act 38 of 1994, s. 52.

115. Ins. by Act 38 of 1994, s. 52.

116. Ins. by Act 38 of 1994, s. 52.

117. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8-10-1984).

118. Subs. by Act 38 of 1994, s. 2 for `record'.

119. Ins. by Act 38 of 1994, s. 52B

120. Sub. by-Act 23 Df 1983, s. 19, for "under section 19 of the Sea Custorns Act, 1878" (w.e.f. 9-8-

1984).

121. Ins. by Act 38 of 1994, s. 53A.

[121A. Ins. By Act 49 of 1999, Section 7(wef 15.1.2000)]

[121B. Subs. By Act 49 of 1999 Section 7 for fifty years (wef 15.1.2000)]

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CHAPTER XII

Civil Remedies

54. Definition. -For the purposes of this Chapter, unless the context otherwise requires, the

expression "owner of copyright" shall include-

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the

publisher of the work, until the identity of the author or, in the case of an anonymous work of joint

authorship, or a work of joint authorship published under names all of which are pseudonyms, the

identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise

established to the satisfaction of the Copyright Board by that author or his legal representatives.

55. Civil remedies for infringement of copyright. - (1) Where copyright in any work has been

infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all

such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred

by law for the infringement of a right :

Provided that if the defendant proves that at the date of the infringement he was not aware and had

no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be

entitled to any remedy other than an injunction in respect of the infringement and a decree for the

whole or part of the profits made by the defendant by the sale of the infringing copies as the court

may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of

the author or the publisher, as the case may be, appears on copies of the work as published, or, in

the case of an artistic work, appeared on the work when it was made, the person whose name so

appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be

presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case

may be.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in

the discretion of the court.

56. Protection of separate rights. - Subject to the provisions of this Act, where the several rights

comprising the copyright in any work are owned by different persons, the owner of any such right

shall, to the extent of that right be entitled to the remedies provided by this Act and may individually

enforce such right by means of any suit, action or other proceeding without making the owner of any

other right a party to such suit, action or proceeding.

57.

122

[Author's special rights. (1) Independently of the author's copyright and even after the

assignment either wholly or partially of the said copyright, the author of a work shall have the right-

(a) to claim authorship of the work; and

(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in

relation to the said work which is done before the expiration of the term of copyright if such distortion,

mutilation, modification or other act would be prejudicial to his honour or reputation:

Provided that the author shall not have any right to restrain or claim damages in respect of any

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adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.

Explanation.- Failure to display a work or to display it to the satisfaction of the author shall not be

deemed to be an infringement of the rights conferred by this section.]

(2) The right conferred upon an author of a work by sub-section (1), other than the right to claim

authorship of the work, may be exercised by the legal representatives of the author.

58. Rights of owner against persons possessing or dealing with infringing copies. - All

infringing copies of any work in which copyright subsists, and all plates used or intended to be used

for the production of such infringing copies, shall be deemed to be the property of the owner of the

of the conversion thereof :

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the

conversion of any infringing copies, if the opponent proves-

(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the

work of which such copies are alleged to be infringing copies; or

(b) that he had reasonable grounds for believing that such copies or plates do not -involve

infringement of the copyright in any work.

59. Restriction on remedies in the case of works of architecture. -(1) Notwithstanding anything

contained in

123

[the Specific Relief Act, 1963], where the construction of a building or other structure

which infringes or which, if completed, would infringe the copyright in some other work has been

commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the

construction of such building or structure or to order its demolition.

(2) Nothing in section 58 shall apply in respect of the construction of a building or other structure

which infringes or which, if completed, would infringe the copyright in some other work.

60. Remedy in the case of groundless threat of legal proceedings. - Where any person claiming

to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any

other person with any legal proceedings or liability in respect of an alleged infringement of the

124

[in section 34 of

the Specific Relief Act, 1963] institute a declaratory suit that the alleged infringement to which the

threats related was not in fact an infringement of any legal rights of the person making such threats

and may in any such suit-

(a) obtain an injunction against the continuance of such threats; and

(b) recover such damages, if any, as he has sustained by reason of such threats.

Provided that this section shall not apply if the person making such threats, with due diligence,

commences and prosecutes an action for infringement of the copyright claimed by him.

61. Owners 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.

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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), and "district court having jurisdiction" shall, notwithstanding

anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force,

include a district court within the local limits of whose jurisdiction, at the time of the institution of the

suit or other proceeding, the person instituting the suit or other proceeding or, where there are more

than one such persons, any of them actually and voluntarily resides or carries on business or

personally works for gain.

122. Sub. by Act 38 of 1984, s. 57.

123. Subs. by Act 23 of 1983, s. 20, for "the Specific Relief Act, 1877" (w.e.f. 9-8-1984)

124. Subs. by s. 21, ibid., for "in section 42 of the Specific Relief Act, 1877" (w.e.f. 9;8-1984).

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CHAPTER XIII

Offences

63. Offence of infringement of copyright or other rights conferred by this Act. Any person who

knowingly infringes or abets the infringement of-

(a) the copyright in a work, or

(b) any other right conferred by this Act,

125

[except the right conferred by section 53A]

126

[shall be punishable with imprisonment for a term which shall not be less than six months but

which may extend to three years and with fine which shall not be less than fifty thousand rupees but

which may extend to two lakh rupees :

Provided that

127

[where the infringement has not been made for gain in the course of trade or

business] the court may, for adequate and special reasons to be mentioned in the judgement, impose

a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand

rupees.]

Explanation.-Construction of a building or other structure which infringes or which, if completed,

would infringe the copyright in some other work shall not be an offence under this section.

128

[63A. Enhanced penalty on second and subsequent covictions. - Whoever having already

been convicted of an offence under section 63 is again convicted of any such offence shall be

punishable for the second and for every subsequent offence, with imprisonment for a term which

shall not be less than one year but which may extend to three years and with fine which shall not be

less than one lakh rupees but which may extend to two lakh rupees :

Provided that

129

[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 one year or a fine of less than one lakh rupees:

Provided further that for the purposes of this section, no cognizance shall be taken of any conviction

"63B. Knowing use of infringing copy of computer programme to be an offence.

130

Any person

who knowingly makes use on a computer of an infringing copy of a computer programme shall be

punishable with imprisonment for a term which shall not be less than seven days but which may

extend to three years and with fine which shall not be less than fifty thousand rupees but which may

extend to two lakh rupees:

Provided that where the computer programme has not been used for gain or in the course of trade or

business, the court may, for adequate and special reasons to be mentioned in the judgment, not

impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand

rupees."

64. Power of police to seize infringing copies . -(1)

131

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

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

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before a Magistrate.]

(2) Any person having an interest in any copies of a work

132

[or plates] seized under sub-section (1)

may, within fifteen days of such seizure, make an application to the Magistrate for such copie.

133

[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

134

[two years

and shall also be liable to fine].

66. Disposal of infringing copies or plates for purpose of making infringing copies. -The court

trying any offence under this Act may, whether the alleged offender is convicted or not, order that all

copies of the work or all plates in the possession of the alleged offender, which appear to it to be

infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner

of the copyright.

67. Penalty for making false entries in register, etc., for producing or tendering false entries . -

Any person who,-

(a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or

(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register,

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 provisions of this Act, or

(b) with a view to procuring or influencing the doing or omission of anything 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.

135

[68A. Penalty for contravention of section 52A. -Any person who publishes a

136

[sound

recording] or a video film in contravention of the provisions of section 52A shall be punishable with

imprisonment which may extend to three years and shall also be liable to fine.]

69. Offences by companies. -(1) Where any offence under this Act has been committed by a

company, every person who at the time the offence was committed was in charge of, and was

responsible to the company for, the conduct of the business of the company, as well as the company

shall be deemed to be guilty of such offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to any punishment,

if he proves that the offence was committed without his knowledge or that he exercised all due

diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been

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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

137

a Metropolitan Magistrate or a Judicial

Magistrate of the first class] shall try any offence under this Act.

125. Ins. by Act 38 of 1994, s. 63.

126. Subs. by Act 65 of 1984, s. 5, for certain words (w.e.f. 8-10-1984).

127. Ins. by Act 38 of 1994, s. 63.

128. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).

129. Ins. by Act 38 of 1994, s. 63.

130. Ins. by Act 38 of 1994, s. 63B.

131. Subs. by s. 7, ibid., for sub section (1) (w.e.f. 8-10-1984).

132. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984).

133. Ins. by s. 7, ibid, (w.e.f. 8-10-1984).

134. Subs. by s. 8, ibid., for "one year, or with fine, or with both' (w.e.f. 8-10-1984).

135. Ins. by Act 65 of 1984, s. 9 (w.9.f. 8-10-1984).

136. Subs. by Act 38 of 1994, s. 2, for `record'.

137. Subs. by Act 23 of 1983, s. 22, for "a Presidency Magistrate or a Magistrate of the first class"

(w.e.f. 9- 8-1984). 73. The High Court may make rules consistent with this Act as to the procedure to

be followed in respect of appeals made to it under section 72.

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CHAPTER XIV

Appeals

71. Appeals against certain orders of Magistrate. -Any person aggrieved by an order made under

sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to

the court to which appeals from the court making the order ordinarily lie, and such appellate court

may direct that execution of the order be stayed pending disposal of the appeal.

72. Appeals against orders of Registrar of Copyrights and Copyright Board. - (1) Any person

aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from

the date of the order or decision, appeal to the Copyright Board.

(2) Any person aggrieved by any final decision or order of the Copyright Board, not being a decision

or order made in an appeal under sub-section (1), may, within three months from the date of such

decision or order, appeal to the High Court within whose jurisdiction the appellant actually and

voluntarily resides or carries on business or personally works for gain;

Provided that no such appeal shall lie against a decision of the Copyright Board under section 6.

(3) In calculating the period of three months provided for an appeal under this section, the time taken

in granting a certified copy of the order or record of the decision appealed against shall be excluded.

73. Procedure for appeals. - The High Court may make rules consistent with this Act as to the

procedure to be followed in respect of appeals made to it under section 72.

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CHAPTER XV

Miscellaneous

74. Registrar of Copyrights and Copyright Board to possess certain powers of civil courts. -

The Registrar of Copyrights and the Copyright Board shall have the powers of a civil court when

trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) issuing commissions for the examination of witnesses or documents;

(e) requisitioning any public record or copy thereof from any court or office;

(f) any other matter which may be prescribed.

Explanation.- For the purpose of enforcing the attendance of witnesses, the local limits of the

jurisdiction of the Registrar of Copyrights or the Copyright Board, as the case may be, shall be limits

of the territory of India.

75. Orders for payment of money passed by Registrar of Copyrights and Copyright Board to

be executable as a decree. -Every order made by the Registrar of Copyrights or the Copyright

Board under this Act for the payment of any money or by the High Court in any appeal against any

such order of the Copyright Board shall, on a certificate issued by the Registrar of Copyrights, the

a civil court and shall be executable in the same manner as a decree of such court.

76. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against any

person in respect of anything which is in good faith done or intended to be done in pursuance of this

Act.

77. Certain persons to be public servants. - Every officer appointed under this Act and every

member of the Copyright Board shall be deerned to be a public servant within the meaning of section

21 of the Indian Penal Code.

78. Power to make rules. - (1) The Central Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Central

Government may make rules to provide for all or any of the following matters, namely :-

(a) the term of office and conditions of service of the Chairman and other members of the Copyright

Board;

(b) the form of complaints and applications to be made, and the licences to be granted, under this

Act;

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Copyrights;

(ca)

139

the conditions for submission of application under sub-section (2) of section 33;

(cb)

140

the conditions subject to which a copyright society may be registered under sub-section (3) of

section 33;

(cc)

141

the inquiry for cancellation of registration under sub-section (4) of section 33;

(cd)

142

the conditions subject to which the copyright society may accept authorisation under clause

(a) of sub-section (1) of section 34 and the conditions subject to which owners of rights have right to

withdraw such authorisation under clause (b) of that sub-section;

(ce)

143

the conditions subject to which a copyright society may issue licences, collect fees and

distribute such fees amongst owners of rights under sub-section (3) of section 34;

(cf)

l44

the manner in which the approval of the owners of rights regarding collection and distribution of

fees, approval for utilisation of any amount collected as fees and to provide to such owners

information concerning activities in relation to the administration of their rights under sub-section (1)

of section 35;

(cg)

145

the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section

(1) of section 36;

(d) the manner of determining any royalties payable under this Act, and the security to be taken for

the payment of such royalties;

(da)

146

the manner of payment of royalty under clause (j) of sub-section (1) of section 52;

(db)

147

the form and the manner in which the copyright society shall maintain accounts and other

relevant records and prepare annual statements of accounts and the manner in which the quantum of

remuneration is to be paid to individual owner of rights under sub-section (1) of section 52B;

(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered

therein;

(f) the matter in respect of which the Registrar of Copyrights and the Copyright Board shall have

powers of a civil court;

(g) the fees which may be payable under this Act;

(h) the regulation of business of the Copyright Office and of all things by this Act placed under the

direction or control of the Registrar of Copyrights.

[(3)

148

Every rule made under this section shall be laid, as soon as may be after it is made, before

each House of Parliament, while it is in session, for a total period of thirty days which may be

comprised in one session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses agree

in making any modification in the rule or both Houses agree that the rule should not be made, the

rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.]

79. Repeals, savings and transitional provisions. - (1) The Indian Copyright Act, 1914, and the

to India by the Indian Copyright Act, 1914, are hereby repealed.

(2) Where any person has, before the commencement of this Act, taken any action whereby he has

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incurred any expenditure or liabilities in connection with the reproduction or performance of any work

in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or

performance of a work at a time when such reproduction or performance would, but for the coming

into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or

interests arising from or in connection with such action which are subsisting and valuable at the said

date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or

performance agrees to pay such compensation as, failing agreement, may be determined by the

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist

immediately before the commencement of this Act under any Act repealed by sub-section (1).

(4) Where copyright subsisted in any work immediately before the commencement of this Act, the

rights comprising such copyright shall, as from the date of such commencement, be the rights

specified in section 14 in relation to the class of works to which such work belongs, and where any

new rights are conferred by that section, the owner of such rights shall be-

(a) in any case where copyright in the work was wholly assigned before the commencement of this

Act, the assignee or his successor-in-interest;

(b) in any other case, the person who was the first owner of the copyright in the work under any Act

repealed by sub-section (1) or his legal representatives.

(5) Except as otherwise provided in this Act, where any person is entitled immediately before the

commencement of this Act to copyright in any work or any right in such copyright or to an interest in

any such right, he shall continue to be entitled to such right or interest for the period for which he

would have been entitled thereto if this Act had not come into force.

(6) Nothing contained in this Act shall be deemed to render any act done before its commencement

an infringement of copyright if that act would not otherwise have constituted such an infringement.

(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the

application of the General Clauses Act, 1897, with respect to the effect of repeals.

139. Ins. by Act 38 of 1994, s. 78(2).

140. Ins. by Act 38 of 1994, s. 78(2).

141. Ins. by Act 38 of 1994, s. 78(2).

142. Ins. by Act 38 of 1994, s. 78(2).

143. Ins. by Act 38 of 1994, s. 78(2).

144. Ins. by Act 38 of 1994, s. 78(2).

145. Ins. by Act 38 of 1994, s. 78(2).

146. Ins. by Act 38 of 1994, s. 78(2).

147. Ins. by Act 38 of 1994, s. 78(2).

148. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984).

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