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INTRODUCTION
In
ancient days creative persons like artists, musicians
and writers made, composed or wrote their works
for fame and recognition rather than to earn a
living, thus, the question of copyright never
arose. The importance of copyright was recognised
only after the invention of printing press which
enabled the reproduction of books in large quantity
practicable.
In
India the first legislation of its kind the Indian
Copyright Act was passed in 1914 which was mainly
based on the U.K. Copyright Act, 1911. During
the last four decades modern and advanced means
of communications like broadcasting, litho-photography,
television, etc. have made inroads in the Indian
economy with the result that it became essential
to fulfil international obligations in the field
of copyright.
This
necessitated that a comprehensive legislation
may be introduced to completely revise the copyright
law. To this effect a Copyright Bill, 1957 was
introduced in the Parliament. STATEMENT OF OBJECTS
AND REASONS The existing law relating to copyright
is contained in the Copyright Act, 1911 of the
United Kingdom (hereinafter referred to as the
United Kingdom Act) as modified by the Indian
Copyright Act, 1914. Apart from the fact that
the United Kingdom Act does not fit in with the
changed constitutional status of India, it is
necessary to enact an independent self-contained
law on the subject of copyright in the light of
growing public consciousness of the rights and
obligations of authors and in the light of experience
gained in the working of the existing law during
the last forty years. New and advanced means of
communications like broadcasting, litho-photography,
etc., also call for certain amendments in the
existing law. Adequate provision has also to be
made for fulfilment of international obligations
in the field of copyright which India might accept.
A complete revision of law of copyright, therefore,
seemed inevitable, and the Bill attempts such
a revision. 2. Though the draft Bill follows
generally, in a re-arranged form the main principles
of the existing law, it has introduced several
new features which are briefly indicated below:
1)
A Copyright Office is sought to be established
under the immediate control of a Registrar of
Copyrights who shall act under the superintendence
and direction of the Central Government. The principal
function of the Copyright Office will be to maintain
Register of Copyrights in which may be entered,
at the option of the authors, the names and addresses
of authors and owners of copyright for the time
being, and other relevant particulars.
Such
Register will easily make available useful information
to interested members of public in regard to copyrighted
works. In order to encourage registration of copyrights,
provision is made that no proceeding regarding
infringement of copyright shall be instituted
unless copyright is registered in the Copyright
Office. In addition to being in charge of the
Copyright Office, the duties of the Registrar
of Copyrights will be to entertain and dispose
of applications for compulsory licences and to
inquire into complaints of importation of infringing
copies. An appeal to the Copyright Board is provided
for against the orders of the Registrar of Copyrights.
(2)
Provision is made for setting up a Copyright Board
which will determine the reasonableness of the
rates of fees, charges or royalties claimed by
Performing rights societies, consider applications
for general licences for public performances of
works and will assess compensation payable under
the Bill in certain circumstances. An appeal will
lie to the High Court against the decisions of
the Copyright Board.
(3)
The definition of "copyright" is enlarged to include
the exclusive right to communicate works by radio-diffusion.
(4)
A cinematograph film will have a separate copyright
apart from its various components, namely, story,
music, etc.
(5)
An author assigning copyright in his work is allowed
the option to re-acquire the copyright after seven
years but before ten years of the assignment on
the condition that he returns the amount received
by him at the time of the assignment with interest
thereon.
(6)
The normal term of the copyright is fixed to be
the life of the author and a period of 25 years
after his death as against the existing term of
the life of the author, and a period of 50 years
after his death. Shorter terms are fixed for anonymous
or pseudonymous works, cinematograph films, mechanical
contrivances, photographs, etc.
(7)
Under the existing law, the sole right to produce
a translation of a work first published in India
is extinguished after ten years, unless a translation
thereof is produced with in that period. The Draft
Bill makes the right co-extensive with other rights
arising out of copyright.
(8)
Provision is made for the issue of a general or
special licence for public performances of any
work by means of a radio-receiving set or a mechanical
contrivance.
(9)
A licence may be issued to any library to make
or cause to be made one copy of any book in which
copyright subsists and which is not available
for sale.
(10)
Provision is made for regulating the activities
of performing rights societies and also for controlling
the fees, charges or royalties to he collected
by them.
(11)
Certain rights akin to copyright are conferred
on Broadcasting authorities in respect of programmes
broadcast by them.
(12)
International copyright relations which are based
on international treaties will be regulated by
specific orders to be made by the Central Government.
(13)
A fair dealing with any work for the purposes
of radio summary or judicial proceeding will not
hereafter constitute an infringement of copyright.
3.
In preparing the Bill, the British Copyright Report,
1952, the suggestions of various Ministries of
the Government of India, the State Governments,
the Indian Universities and certain interested
industries and associations, who were invited
to send their comments on the subject, have been
taken into consideration. ACT 14 OF 1957 The
Copyright Bill, 1957 as passed by both the Houses
of Parliament received the Assent of the President
on 4th June, 1957 and came into the Statute Book
as THE COPYRIGHT ACT, 1957 (14 of 1957). However,
this Act came into force on the 21st January,
1958.
LIST
OF AMMENDING ACTS
1.
The Copyright (Ammendment) Act, 1983 (23 of 1983)
(w.e.f. 9.8.1884). 2. The Copyright (Ammendment)
Act, 1984 (65 of 1984) (w.e.f. 9.10.1984). 3.
The Copyright (Ammendment) Act, 1992 (13 of 1992)
(w.e.f. 29.12.1991). 4. The Copyright (Ammendment)
Act, 1994 (38 of 1994) (w.e.f. 10.5.1995).
THE
COPYRIGHT ACT,
1957 (14 OF 1957) (4th June, 1957) An Act to amend
and consolidate the law relating to copyright.
Be it enacted by Parliament in the Eighth Year
of the Republic of India as follows:
CHAPTER
1 PRELIMINARY
1. Short title, extent and commencement: (1)
This Act may be called the Copyright Act, 1957.
(2) It extendes 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 in 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 rearrangement or alteration;
(b)
"work of architecture" means any building or structure
having as artistic character or design, or any
model for such building or structure;
(c)
"artistic work" means,
(i)
a painting, a sculpture, a drawing (including
a diagram, map, chart or plan), an engraving or
a photograph, whether or not any such work possesses
artistic quality;
(ii)
an architectural work or art; and
(iii)
any other work of artistic craftsmanship;
(d)
"author" means, (i) in relation to a literary
or dramatic work, the author of the work; (ii)
in relation to a musical work, the composer;
(iii) in relation to an artistic work other than
a photograph, the artist; (iv) in relation to
a photograph, the person taking the photograph;
(v) in relation to a cinematograph film or sound
recording, the producer; and (vi) in relation
to any literary, dramatic, musical or artistic
work which is computer-generated, the person who
causes the work to he created;
(dd)
"broadcast" means communication to the public
(i) by any means of wireless diffusion, whether
in any one or more of the forms of signs, sounds
or visual images; or (ii) by wire, and includes
a re-broadcast; (e) "calendar year" means the
year commencing on the 1st day of January; (f)
"cinematograph film" means any work of visual
recording on any medium produced through a process
from which a moving image may he 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.
(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
readible 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 i-neclianical instrument
or by broadcast; (h) "dramatic work" includes
any piece of 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 he 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 oil tile 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 Goternment; (ii) any Legislature in India;
(iii) anyCourt, 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 me 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 data basis; (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 cinematographic
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; (n)
"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; (x) "reprography" means the making of copies
of a work, by photocopying or similar means;
(xx) "sound recording" means a recording of sounds
from which such sounds may be produced regardless
of the medium on which such recording is the metliod
by which the sounds are produced. (y) "work"
means any of the following works, namely: (i)
a literiry, 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 slight riot
be deemed to be published or perfomied in public,
if published, or performed in public, without
the licence of tile owner of the copyright. 5.
When work deemed to be first published in India:
For the purposes of this Act, a work published
in Iiidia shall be deemed to be first published
in India, notwithstanding that it has been published
simultaneously in sonic other country, unless
such other country provides a shorter term of
copyright for such work; and a work shall be deemed
to be published simultaneously in India and in
another country if the time between the publication
in India and the publication in such other country
does not exceed thirty days or such other period
as the Central Government may, in relation to
any specified country, determine. 6. Certain
disputes to he 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 then that provided
in respect of that work under this Act, it shall
be referred to the Copyright Board constituted
under section 11 whose decision thercon 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 he 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 the was domiciled during any substantial
part of that period. 8. Domicile of Corporations:
For the purposes of this Act, a body corporate
shall be deemed to be domiciled in India if it
is incorporated under any law in force in India.
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 Register
of Copyrights shall discharge under the superintendence
and direction,if 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 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 & procedure of Copyright Board:
(1) The Copyright Board shall, subject to any
rules that may be 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 work for
gain. (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 of 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. (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 tike 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
taketi 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 (2 of 1974) and all proccedings
before thc Board shall be deemed to be judicial
proccedings within the meaning of sections 193
and 228 of the Indian Penal Code, 1860 (45 of
1860).
CHAPTER
III COPYRIGHT 13.
Works in which copyright subsists: (1) Subject
to the provisions of this section and the other
provisions of this Act, copyright shall subsist
throughout India in the following classes of works,
that is to say, (a) original literary, dramatic,
musical and artistic works; (b) cinematograph
films; and (c) sound recording. (2) Copyright
shall not subsist in any work specified in sub-section
(1), other than a work to which the provisions
of section 40 or section 41 apply, unless, (i)
in the case of a published work, the work is first
published in India, or where the work is first
published outside India, the author is at the
date of such publication, or in a case where the
author was dead at that date, was at the time
of his death, a citizen of India;
(ii)
in the case of an unpublished work other than
work of architectural, the author is at the date
of the making of the work a citizen of India or
domiciled in India; (iii) in the case of work
of architecture, the work is located in India.
(3) Copyright shall not subsist: (a) in any cinematograph
film if a substantial part of the film is an infringement
of the copyright in any other work; (b) in any
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
copyright in any work in respect of which or a
substantial part of which, the final, or, as the
case may be, the sound recording is made. (5)
In the case of work of architecture, copyright
shall subsist only in the artistic character and
design and shall not extend to processes or methods
of construction. 14. Meaning of copyright:
For the purposes of this Act, "copyright" means
the exclusive right subject to the provisions
of this Act, to do or authorise the doing of any
of the following acts in respect of a work or
any substantial part thereof, namely, (a) in
the case of a literary, dramatic or musical work,
not being a computer programme, (i) to reproduce
the work in any material form including the storing
of it in any medium by electronic means; (ii)
to issue copies of the work to the public not
being copies already in circulation; (iii) to
perform the work in public, or communicate it
to the public; (iv) to make any cinematograph
film or sound recording in respect of the work;
(v) to make any translation of the work; (vi)
to make any adaptation of the work; (vii) to
do, in relation to a translation or an adaptation
of the work, any of the acts specified in relation
to the work in sub-clauses (i) to (vi); (b) in
the case of a computer programme, (i) to do any
of the acts specified in clause (a); (ii) to
sell or give on hire, or offer for sale or hire
any copy of the computer programme, regardless
of whether such copy has been sold or given on
hire on earlier occasions; (c) in the case of
an artistic work, (i) to reproduce the work in
any material form including depiction in three
dimensions of a two dimensional work or in two
dimensions of a three dimensional work; (ii)
to communicate the work to the public; (iii)
to issue copies of the work to the public not
being copies already in circulation; (iv) to
include the work in any cinematograph film; (v)
to make any adaptation of the work, (vi) to do
in relation to an adaptation of the work any of
the acts specified in relation to the work in
sub-clauses (i) to (iv); (d) in the case of a
cinematograph film, (i) to make a copy of the
film including a photograph of any image forming
part thereof, (ii) to sell or give on hire or
offer for sale or hire, any copy of the film,
regardless of whether such copy has been sold
or given on hire on earlier occasions;
(iii)
to communicate the film to the public; (c) in
the case of a sound recording, (i) to make any
other sound recording embodying it; (ii) to sell
or give on hire, or offer for sale or hire, any
copy of the sound recording, regardless of whether
such copy has been sold or given on hire on earlier
occasions; (iii) to communicate the sound recording
to the public. 15. Special provision regarding
copyright in designs registered or capable of
being registered under the Designs Act, 1911:
(1) Copyright shall not subsist under this Act
in any design which is registered under the Designs
Act, 1911(2 of 1911). (2) Copyright in any design,
which is capable of being registered under the
Designs Act, 1911(2 of 1911), but which has not
been so registered, shall cease as soon as any
article to which the design has been applied has
been reproduced more than fifty times by an industrial
process by the owner of the copyright, or, with
his licence, by any other person. 16. No copyright
except as provided in this Act: No person shall
be entitled to copyright or any similar right
in any work, whether published or unpublished,
otherwise than underand in accordance with the
provisions of this Act or of any other for the
timebeing in force, but nothing in this section
shall be construed as abrogating any right or
jurisdiction to restrain a breach of trust or
confidence. CHAPTER IV OWNERSHIP OF COPYRIGHT
AND THE RIGHTS OF THE OWNER 17. First owner of
copyright: Subject to the provisions of this
Act, the author of a work shall be the 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;
(c) in the case of a work made in the course of
the author's employment under a contract of service
or apprenticeship, to which clause (a) or clause
(b) does not apply, the employer shall, in the
absence of any agreement to the contrary, be the
first owner of the copyright therein; (cc) in
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, he 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; (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 that
copyright in a future work may assign to any person
the copyright either whelly or partially and either
generally or subject to limitations and either
for the whole of the copyright or any part thereof.
Provided that in the case of the assignment of
copyright in any future work, the assignment shall
take citect 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 assignments:
(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 ivork 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 cuffency 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 right assigned to him under any of
the other sub-sections of this section within
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 yews
from the date of assignment. (6) If the territorial
extent of assignment of the rights is not specified,
it shall be presumed to extend within India.
(7) Nothing in sub-section (2) or sub-section
(3) or sub-section (4) or sub-section (5) or sub-section
(6) shall be applicable to assignments made before
the coming into force of the Copyright (Amendment)
Act, 1994. 19A. Disputes with respect to assignment
of copyright: (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 on 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 tile recovery of any royalty
payable: Provided that Copyright Board shall
not pass any orderunder this sub-section to revoke
the assignment unless it is satisfied that the
terms of assignment are harsh to the assignor
in case the assignor is also the author: Provided
further that no order of revocation of assignment
under this sub-section, shall be made within a
period of five years from the date of such assignment.
20. Transmission of copyright in manuscript
by testamentary disposition: Where under a bequest
a person is entitled to the manuscript of a literary,
dramatic or musical work, or to an artistic work,
and the work was not published before the death
of the testator, the bequest shall, unless the
contrary intention is indicated in the testator's
will or any codicil thereto, be construed as including
the copyright in the work in so far as the testator
was the owner of the copyright immediately before
his death. 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). 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.
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,
copyright shall subsist until (sixty years) from
the begining of the calendar year following the
vear in which the author dies. (2) In sub-section(l),
references to the author shall, in the case of
an anonymous work of joint authorship, be construed,
(a) where the identity of the authors is disclosed,
as references to that author; (b) where the identity
of more authors than one is disclosed, as references
to the author who dies last from amongst such
authors. (3) In sub-section (1), references to
the author shall, in the case of a pseudonymous
work of joint authorship, be construed, (a) where
the names of one or more (but not all) of the
authors are pseudonymous and his or their identity
is not disclosed, as references to the author
whose name is not a pseudonym, or, if the names
of two or more of the authors are not pseudonyms,
as references to such of those authors who dies
last; (b) where the names of one or more (but
not all) of the authors are pseudonyms and the
identity of one or more of them is disclosed,
as references to the author who dies last from
amongst the authors whose names are not pseudonyms
and the authors whose names are pseudonyms and
are disclosed; and (c) where the names of all
the authors are pseudonyms and the identity of
one of them is disclosed, as references to the
author whose identity is disclosed or if the identity
of two or more of such authors is disclosed, as
references to such of those authors who dies last.
24. Term of copyright in posthumous work: (1)In
the case of a literary, dramatic or musical work
or an engraving, in which copyright subsists at
the date of the death of tile 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 all adaptation of the work is published
in any earlier year, from the beginning of the
calendar year next following that year. (2) For
the purposes of this section a literary, dramatic
or musical work or an adaptation of any such work
shall be deemed to hive been published, if it
has been performed in public or if any sound recording
made in respect of the work have been sold to
the public or liztve been offered for sale to
the public. 25. Term of copyright in photographs:
In the case ofa 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 sound recording: In the case a sound recording
copyright shall subsist until sixty 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 record 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 subsist until sixty years from the beginning
of the calendar years 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 any international organisation
to which the provisions of section 41 apply, copyright
shall subsist until sixty years from the beginning
of the calendar year next folloiving the year
in which the work is first published. CHAPTER
VI LICENCES 30. Licences by owners of copyright:
The owner of the copyright in any existing work
of 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. 30A. Application
of sections 19 and 19A: The provisions of section
19 and 19A shall, with any necessary adaptations
and modifications apply in relation to a licence
under section 30 as they apply in relation to
assignment of copyright in a work. 31. Compulsory
licence in works withheld from public: (1) If
at any time during the term of copyright in any
Indian work which has been published or performed
in public, a complaint is made to the Copyright
Board that the owner of copyright in the work,
(a) has refused to re-publish or allow the re-publication
of the work or has refused to allow the performance
in public of the work, and by reason of such refusal
the work is withheld front the public; or (b)
has refused to allow communication to the public
by broadcast, of such work or in the case of a
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, many, 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 re-publish
the work, perform the work in public or communicate
the work to the public by broadcast, as the case
may be, subject to payment to the owner of the
copyright of such compensation and subject to
such other terms and conditions as the Copyright
Board may determine; and thereupon the Registrar
of Copyrights shall grant the licence to the complainant
in accordance with the directions of Copyright
Board, on payment of such fee as may be prescribed.
(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 generic
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
(1) of section 2, the author is dead or unknown
or cannot be traced, or the owner of the copyright
in such work cannot be found, any person may apply
to the Copyright Board for a license to publish
such work or a translation thereof in any language.
(2) Before making an application under sub-section
(1), the applicant shall publish his proposal
in one issue of a daily newspaper in the English
language having circulation in the major part
of the country and where the application is for
the publication of a translation in any language,
also in one issue of any daily newspaper in that
language. (3) every such application shall be
made in such form as may be prescribed and shall
be accompanied with a copy of the advertisement
issued under sub-section (3) and such fee as may
be prescribed. (4) Where an application is made
to the Copyright Board under this section, it
may, after holding such inquiry as may be prescribed,
direct the Registrar of Copyrights to grant to
the applicant a licence to publish the work or
a translation thereof in the language mentioned
in the application subject to the payment of such
royalty and subject to such other terms and conditions
as the Copyright Board may determine, and thereupon
the Registrar of Copyrights shall grant the licence
to the applicant in accordance with the direction
of the Copyright Board. (5) Where a licence is
granted under this section, the Registrar of Copyrights
may, by order, direct the applicant to deposit
the amount of the royalty determined by the Copyright
Board in the public account of India or in any
other account specified by the Copyright Board
so as to enable the owner of the copyright or,
as the case may be, his heirs, executors or the
legal representatives to claim such royalty at
any time. (6) Without prejudice to the foregoing
provisions of this section, in the case of a work
referred to in sub-section (1), if the original
author is dead, the Central Government may, if
it considers that the publication of the work
is desirable in the national interest, require
the heirs, executors or legal representatives
of the author to publish such work within such
period as may be specified by it. (7) Where any
work is not published within the period specified
by the Central Government under sub-section (6),
the Copyright Board may, on an application made
by any person for permission to publish the work
and after hearing the parties concerned, permit
such publication on payment of such royalty as
the Copyright Board may, in the circumstances
of such case, determine in the prescribed manner.
32. Licence to produce and publish translation:
(1) Any person may apply to the Copyright Board
for a licence to produce and publish a translation
of a literary or dramatic work in any language
after a period of seven years from the first publication
of the work. (1 A) 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 first publication of such work, if such
translation is required for the purposes of teaching,
scholarship or research: Provided that where
such translation is in a language not in general
use in any developed country, such application
may be made after a period of one year from such
publication. (2) Every 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 m 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 manner;
and (ii) where such licence is granted on an
application under sub-section (l A), 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 export by
Government or any authority under the Government
of copies of such translation in a language other
than English, French or Spanish in 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 he 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 be, 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; (c)
where the applicant was unable to find the owner
of the copyright, he has sent a copy of his request
for such authorisation by registered air mail
post to tile 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 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 and published
solely for the purpose of systematic instructional
activities, for broadcasting such translation
for the purposes of teaching or for the dissemination
of the results of specialised, technical or scientific
research to the experts in any particular field.
(6) The provisions of sub-sections (2) to (4)
in so far as they are relatable to an application
under sub-section (1A), shall, with the necessary
modifications, apply to the grant of a licence
under sub-section (5) and such licence shall not
also be granted unless (a) the translation is
made from a work lawfully acquired; (b) the broadcast
is made through the medium of sound and visual
recordings; (c) such recording has been lawfully
and exclusively made for the purpose of broadcasting
in India by the applicant or by other broadcasting
agency; and (d) the translation and the broadcasting
of such translation are not used for any commercial
purposes. (a) "developed country" means a country
which is not a developing country; (b) "developing
country" means a country which is for the time
being regarded as such in conformity with the
practice of the General Assembly of the United
Nations; (c) "purposes of research" does not
include purposes of industrial research, or purposes
of research by bodies corporate (not being bodies
corporate owned or controlled by Government) or
other association 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 at
a lower price for the purpose of systematic instructional
activities. (2) Every such application shall
be made in such form as may be prescribed and
shall state the proposed retail price of a copy
of the work, to be reproduced. (3) Every applicant
for a licence under this section shall, along
with his application, deposit with the Copyrights,
such fee as may be prescribed. (4) Where an application
is made to the copyright Board under this section,
it may, after holding such inquiry as may be prescribed,
grant to the applicant a licence, not being an
exclusive licence, to produce and publish a reproduction
of the work mentioned in the application subject
to the conditions that, (i) the applicant shall
pay to the owner of the copyright in the work
royalties in respect of copies of the reproduction
of the work sold to the public, calculated at
such rate as the Copyright Board may, in the circumstances
of each case, determine in the prescribed manner;
(ii) a licence granted under this section shall
not extend to the export of copies of the reproduction
of the work outside India and every copy of such
reproduction shall contain a notice that the copy
is available for distribution only in India:
Provided that no such licence shall be granted
unless (a) the applicant has proved to the satisfaction
of the Copyright Board that he had requested and
had been denied authorisation by the owner of
the copyright in the work to reproduce and publish
such work or that he was, after due diligence
on his part, unable to find such owner; (b) where
the applicant was unable to find the owner of
the copyright, he had sent a copy of his request
for such authorisation by registered airmail post
to the publisher whose name appears from the work
not less than three months before the application
for the licence; (c) the Copyright Board is satisfied
that the applicant is competent to reproduce and
publish an accurate reproduction of the work and
possesses the means to pay to the owner of the
copyright the royalties payable to him under this
section; (d) the applicant undertakes to reproduce
and publish the work at such price as may be fixed
by the Copyright Board, being a price reasonably
related to the price normally charged in India
for works of the same standard oil the same or
similar subjects; (e) a period of six months
in the case of an application for the reproduction
and publication of any work of natural science,
physical science, mathematics or technology, or
a period of three months in the case of an application
for the reproduction and publication of any other
work, has elapsed from the date of making the
request under clause (a), or where a copy of the
request has been sent under clause (b), from the
date of sending of a copy, and a reproduction
of the work has not been published by the owner
of the copyright in the work or any person authorised
by him within the said period of six months or,
three months, as the case may be; (f) the name
of the author and the title of the particular
edition of the work proposed to be reproduced
are printed on all the copies of the reproduction;
(g) the author has not withdrawn from circulation
copies of the work; and (h) an opportunity of
being heard is given, wherever practicable, to
the owner of the copyright in the work. (5) No
licence to reproduce and publish the translation
of a work shall be granted under this section
unless such translation has been published by
the owner of the right of translation to 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. 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 a price reasonably related
to the price normally charged in India for works
of the same standard on the same or similar subject,
the licence so granted shall be terminated: Provided
that no such termination shall take effect until
after the expiry of a period of three months from
the date of service of a notice in the prescribed
manner on the person holding the licence by the
owner of the right of reproduction intimating
the sale or distribution of the copies of the
editions of work as aforesaid: Provided further
that any copies already reproduced by the licensee
before such termination takes effect may continue
to be sold or distributed until the copies already
produced are exhausted.
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 or in respect
of any other rights conferred by this Act except
under or in accordance with the registration granted
under sub-section (3): Provided that an owner
of copyright shall, in his individual capacity,
continue to hive the right to grant licences in
respect of his own works consistent with his obligations
as a member of the registered copyright society:
Provided further that a performing rights society
functioning in accordance with tile provisions
of section 33 on the date immediately before the
coming into force of the Copyright (Amendment)
Act, 1994 shall be deemed to be a copyright society
for the purposes of this Chapter and every such
society shall get itself registered within a period
of one year from the date of commencement of the
Copyright (Amendment) Act, 1994. (2) Any association
of persons who fulfils such conditions as may
be prescribed may apply for permission to do the
business specified in sub-section (1) to the Registrar
of Copyrights who shall submit the application
to the Central Government. (3) The Central Government
may, having regard to the interests of the authorsand
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 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 way
be prescribed, (a) a copyright society may accept
from an owner of rights exclusive authorisation
to administer any right in any work by issue of
licences or collection of licence fees or both;
and (b) an owner of rights shall have the right
to withdraw such authorisation without prejudice
to the rights of the copyright society under any
contract. (2) It shall be competent for a copyright
society to enter into agreement with any foreign
society or organisation administering rights corresponding
to rights under this Act, to entrust to such foreign
society or organisation the administration in
any foreign country of rights administered by
the said copyright society in India, or for administering
in India the rights administered in a foreign
country by such foreign society or organisation:
Provided that no such society or organisation
shall permit any discrimination in regard to the
term of licence or the distribution of fees collected
between rights in Indian and other works. (3)
Subject to such conditions as may be prescribed,
a copyright society may: (i) issue licences under
section 30 in respect of any rights under this
Act; (ii) collect fees in pursuance of such licences;
(iii) distribute such fees among owners of rights
after making deductions for its own expenses;
(iv) perform any other functions consistent with
the provisions of section
35.
34A. Payment of remunerations by copyright society:
(1) If the Central Government is of the opinion
that a copyright society for a class of work is
generally administering the rights of the owners
of rights in such work throughout India, it shall
appoint the society for the purposes of this section.
(2) The copyright society shall, subject to such
rules as may be made in this behalf, frame a scheme
for determining the quantum of remuneration payable
to individual copyright owners having regard to
the number of copies of the work in circulation:
Provided that such scheme shall restrict payment
to the owners of rights whose works have attained
a level of circulation which the copyright society
considers reasonable.
35.
Control over the copyright society by the owner
of rights: (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 manlier as may be prescribed, (a) obtain
the approval of such owners of rights for its
procedures of collection and distribution of fees;
(b) obtain their approval for the utilisation
of any amounts collected as fees for any purpose
other than distribution to the owner of rights;
and (c) provide to such owners regular, full
and detailed information concerning all its activities,
in relation to the administration of their rights.
(2) All fees distributed among the owners of rights
shall, as far as may be, be distributed in proportion
to the actual use of their works.
36.
Submission of returns and reports: (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.
CHAPTER
VIII RIGHTS OF BROADCASTING ORGANISATION AND
OF PERIFORMERS
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 in made. (3) During the continuance
of a broadcast reproduction right in relation
to ally broadcast, any person who, without the
licence of the owner of the right does any of
the following acts of the broadcast or any substantial
part thereof, (a) re-broadcasts the broadcast;
or (b) causes the broadcast to be heard or seen
by the public on payment of any charges; or (c)
makes any sound recording or visual recording
of the broadcast; or (d) makes any reproduction
of such sound recording or visual recording where
such initial recording was done without licence
or, where it was licensed, for any purpose not
envisaged by such licence; or (e) sells or hires
to the public, or offers for such sale or hire,
any such sound recording or visual recording referred
to in clause (c) or clause (d), shall, subject
to the provisions of section 39, be deemed to
have infringed the broadcast reproduction right.
38. Performer's right: (1) Where any performer
appears or engages in any performance, he shall
have a special right to be known as the "performer's
right" in relation to such performance. (2) The
performer's right shall subsist until twenty-five
years from the beginning of the calendar year
next following the year in which the performance
is made.
(3)
During the continuance of a performer's right
in relation to any performance, any person who,
without the consent of the performer, does any
of the following acts in respect of the performance
or any substantial part thereof, namely: (a)
makes a sound recording or visual recording of
the performance; or (b) reproduces a sound recording
or visual recording of the performance, which
sound recording or visual recording was: (i)
made without the performer's consent; or (ii)
made for purposes different from those for which
the performer gave his consent; or
(iii)
made for purposes different from those referred
to in section 39 from a sound recording or visual
recording which was made in accordance with section
39; or (c) broadcasts the performance except
where the broadcast is made from a sound recording
or visual recording other than one made in accordance
with section 39, or is a re-broadcast by the same
broadcasting organisation of an earlier broadcast
which did not infringe the performer's right;
or (d) communicates the performance to the public
otherwise than by broadcast, except where such
communication to the public is made from a sound
recording or a visual recording or a broadcast,
shall, subject to the provisions of section 39,
be deemed to have infringed the performer's right.
(4) Once a performer has consented to the incorporation
of his performance in a cinematograph film, the
provisions of sub sections (1), (2) and (3) shall
have no further application to such performance.
39. 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 bonafide 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 bonafide
review, teaching or research; or (c) such other
acts, with any necessary adaptations and modifications,
which do not constitute infringement of copyright
under section 52. 39A. Other provisions applying
to broadcast reproduction right and performer's
right: Sections 18, 19, 30, 53, 55, 58, 64, 65
and 66 shall, with any necessary adaptations and
modifications, apply in relation to the broadcast
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