Intellectual
Property Rights
COPYRIGHT ACT 1957
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 copyright; or
4[(ii) permits for profit
any place to be used for the communication of the work to the public where
such communication constitutes an infringement of the copyright in the
work, unless he was not aware and had no reasonable ground for believing
that such communication to the public would be an infringement of copyright;
or]
(b) when any person-
(i) makes for sale or
hire, or sells or lets for hire, or by way of trade displays or offers
for sale or hire, or
(ii) distributes either
for the purpose of trade or to such an extent as to affect prejudicially
the owner of the copyright, or
(iii) by way of trade
exhibits in public, or
(iv) imports 22[* * *]
into India,
any infringing copies of
the work:
4[PROVIDED that nothing
in sub-clause (iv) shall apply to the import of one copy of any work for
the private and domestic use of the importer.]
Explanation : For the purposes
of this section, the reproduction of a literary, dramatic, musical or
artistic work in the form of a cinematograph film shall be deemed to be
an "infringing copy".
52. Certain acts not to be infringement of copyright
(1) The following acts
shall not constitute an infringement of copyright, namely,-
(a) a fair dealing with
a literary, dramatic, musical or artistic work 3[not being a computer
programme] for the purposes of-
4[(i) private use, including
research;]
(ii) criticism or review,
whether of that work or of any other work;
3[(aa) the making of copies
or adaptation of a computer programme by the lawful possessor of a copy
of such computer programme, from such copy
(i) in order to utilise
the computer programme for the purpose for which it was supplied; or
(ii) to make back-up copies
purely as a temporary protection against loss, destruction or damage in
order only to utilise the computer programme for the purpose for which
it was supplied;]
21[(ab) the doing of any
act necessary to obtain information essential for operating inter-operability
of an independently created computer programme with other programmes by
a lawful possessor of a computer programme, provided that such information
is not otherwise readily available;
(ac) the observation,
study or test of functioning of the computer programme in order to determine
the ideas and principles which underline any elements of the programme
while performing such acts necessary for the functions for which the computer
programme was supplied;
(ad) the making of copies
or adaptation of the computer programme from a personally legally obtained
copy for non-commercial personal use;]
(b) a fair dealing with
a literary, dramatic, musical or artistic work for the purpose of reporting
current events-
(i) in a newspaper, magazine
or similar periodical, or
(ii) by 6[broadcast] or
in a cinematograph film or by means of photographs.
5[Explanation: The publication
of a compilation of addresses or speeches delivered in public is not a
fair dealing of such work within the meaning of this clause;]
(c) the reproduction of
a literary, dramatic, musical or artistic work for the purpose of a judicial
proceeding or for the purpose of a report of a judicial proceeding;
(d) the reproduction or
publication of a literary, dramatic, musical or artistic work in any work
prepared by the Secretariat of a Legislature or, where the Legislature
consists of two Houses, by the Secretariat of either House of the Legislature,
exclusively for the use of the members of that Legislature;
(e) the reproduction of
any literary, dramatic or musical work in a certified copy made or supplied
in accordance with any law for the time being in force;
(f) the reading or recitation
in public of any reasonable extract from a published literary or dramatic
work;
(g) the publication in
a collection, mainly composed of non-copyright matter, bona fide intended
for the use of educational institutions, and so described in the title
and in any advertisement issued by or on behalf of the publisher, of short
passages from published literary or dramatic works, not themselves published
for the use of educational institutions, in which copyright subsists:
PROVIDED that not more
than two such passages from works by the same author are published by
the same publisher during any period of five years.
Explanation : In the case
of a work of joint authorship, references in this clause to passages from
works shall include references to passages from works by any one or more
of the authors of those passages or by any one or more of those authors
in collaboration with any other person;
(h) the reproduction of
a literary, dramatic, musical or artistic work-
(i) by a teacher or a
pupil in the course of instruction; or
(ii) as part of the questions
to be answered in an examination; or
(iii) in answers to such
questions;
(i) the performance in
the course of the activities of an educational institution, of a literary,
dramatic or musical work by the staff and students of the institution,
or of a cinematograph film or a 10[sound recording], if the audience is
limited to such staff and students, the parents and guardians of the students
and persons directly connected with the activities of the institution
3[or the communication to such an audience of a cinematograph film or
sound recording];
4[(j) the making of sound
recordings in respect of any literary, dramatic or musical work, if-
(i) sound recordings of
that work have been made by or with the licence or consent of the owner
of the right in the work;
(ii) the person making
the sound recordings has given a notice of his intention to make the sound
recordings, has provided copies of all covers or labels with which the
sound recordings are to be sold, and has paid in the prescribed manner
to the owner of rights in the work royalties in respect of all such sound
recordings to be made by him, at the rate fixed by the Copyright Board
in this behalf
PROVIDED that-
(i) no alterations shall
be made which have not been made previously by or with the consent of
the owner of rights, or which are not reasonably necessary for the adaptation
of the work for the purpose of making the sound recordings;
(ii) the sound recordings
shall not be issued in any form of packaging or with any label which is
likely to mislead or confuse the public as to their identity;
(iii) no such sound recording
shall be made until the expiration of two calendar years after the end
of the year in which the first sound recording of the work was made; and
(iv) the person making
such sound recordings shall allow the owner of rights or his duly authorised
agent or representative to inspect all records and books of account relating
to such sound recording:
PROVIDED FURTHER that
if on a complaint brought before the Copyright Board to the effect that
the owner of rights has not been paid in full for any sound recordings
purporting to be made in pursuance of this clause, the Copyright Board
is, prima facie, satisfied that the complaint is genuine, it may pass
an order ex parte directing the person making the sound recording to cease
from making further copies and, after holding such inquiry as it considers
necessary, make such further order as it may deem fit, including an order
for payment of royalty;
(k) the causing of a recording
to be heard in public by utilising it,-
(i) in an enclosed room
or hall meant for the common use of residents in any residential premises
(not being a hotel or similar commercial establishment) as part of the
amenities provided exclusively or mainly for residents therein; or
(ii) as part of the activities
of a club or similar organisation which is not established or conducted
for profit;]
(l) the performance of
a literary, dramatic or musical work by an amateur club or society, if
the performance is given to a non-paying audience, or for the benefit
of a religious institution;
(m) the reproduction in
a newspaper, magazine or other periodical of an article on current economic,
political, social or religious topics, unless the author of such article
has expressly reserved to himself the right of such reproduction;
(n) the publication in
a newspaper, magazine or other periodical of a report of a lecture delivered
in public;
(o) the making of not
more than three copies of a book (including a pamphlet, sheet of music,
map, chart or plan) by or under the direction of the person in charge
of a public library for the use of the library if such book is not available
for sale in India;
(p) the reproduction,
for the purpose of research or private study or with a view to publication,
of an unpublished literary, dramatic or musical work kept in a library,
museum or other institution to which the public has access:
PROVIDED that where the
identity of the author of any such work or, in the case of a work of joint
authorship, of any of the authors is known to the library, museum or other
institution, as the case may be, the provisions of this clause shall apply
only if such reproduction is made at a time more than 23[sixty years]
from the date of the death of the author or, in the case of a work of
joint authorship, from the death of the author whose identity is known
or, if the identity of more authors than one is known from the death of
such of those authors who dies last;
(q) the reproduction or
publication of-
(i) any matter which has
been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature
subject to the condition that such Act is reproduced or published together
with any commentary thereon or any other original matter;
(iii) the report of any
committee, commission, council, board or other like body appointed by
the government if such report has been laid on the Table of the Legislature,
unless the reproduction or publication of such report is prohibited by
the government;
(iv) any judgement or
order of a court, Tribunal or other judicial authority, unless the reproduction
or publication of such judgement or order is prohibited by the court,
the Tribunal or other judicial authority, as the case may be;
(r) the production or
publication of a translation in any Indian language of an Act of a Legislature
and of any rules or orders made thereunder-
(i) if no translation
of such Act or rules or orders in that language has previously been produced
or published by the government; or
(ii) where a translation
of such Act or rules or orders in that language has been produced or published
by the government, if the translation is not available for sale to the
public:
PROVIDED that such translation
contains a statement at a prominent place to the effect that the translation
has not been authorised or accepted as authentic by the government;
4[(s) the making or publishing
of a painting, drawing, engraving or photograph of a work of architecture
or the display of a work of architecture;]
(t) the making or publishing
of a painting, drawing, engraving or photograph of sculpture, or other
artistic work falling under sub-clause (iii) of clause (c) of section
2, if such work is permanently situate in a public place or any premises
to which the public has access;
(u) the inclusion in a
cinematograph film of-
(i) any artistic work
permanently situate in a public place or any premises to which the public
has access; or
(ii) any other artistic
work, if such inclusion is only by way of background or is otherwise incidental
to the principal matters represented in the film;
(v) the use by the author
of an artistic work, where the author of such work is not the owner of
the copyright therein, of any mould, cast, sketch, plan, model or study
made by him for the purpose of the work:
PROVIDED that he does
not thereby repeat or imitate the main design of the work;
(w) 2[* * *]
(x) the reconstruction
of a building or structure in accordance with the architectural drawings
or plans by reference to which the building or structure was originally
constructed:
PROVIDED that the original
construction was made with the consent or licence of the owner of the
copyright in such drawings and plans;
(y) in relation to a literary,
dramatic or musical work recorded or reproduced in any cinematograph film,
the exhibition of such film after the expiration of the term of copyright
therein:
PROVIDED that the provisions
of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses
(d), (f), (g), (m) and (p) shall not apply as respects any act unless
that act is accompanied by an acknowledgement-
(i) identifying the work
by its title or other description; and
(ii) unless the work is
anonymous or the author of the work has previously agreed or required
that no acknowledgement of his name should be made, also identifying the
author;
3[(z) the making of an
ephemeral recording, by a broadcasting organisation using its own facilities
for its own broadcast by a broadcasting organisation of a work which it
has the right to broadcast; and the retention of such recording for archival
purposes on the ground of its exceptional documentary character;
(za) the performance of
a literary, dramatic or musical work or the communication to the public
of such work or of a sound recording in the course of any bona fide religious
ceremony or an official ceremony held by the Central Government or the
State Government or any local authority.
Explanation : For the
purpose of this clause, religious ceremony including a marriage procession
and other social festivities associated with a marriage.]
(2) The provisions of
sub-section (1) shall apply to the doing of any act in relation to the
translation of a literary, dramatic or musical work or the adaptation
of a literary, dramatic, musical or artistic work as they apply in relation
to the work itself.
7[52A. Particulars to be included in 10[Sound recordings] and video films
(1) No person shall publish
a 10[sound recording] in respect of any work unless the following particulars
are displayed on the 10[sound recording] and on any container thereof,
namely,-
(a) the name and address
of the person who has made the 10[sound recording];
(b) the name and address
of the owner of the copyright in such work; and
(c) the year of its first
publication.
(2) No person shall publish
a video film in respect of any work unless the following particulars are
displayed in the video film, when exhibited, and on the video cassette
or other container thereof, namely,-
(a) if such work is a
cinematograph film required to be certified for exhibition under the provisions
of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate
granted by the Board of Film Certification under section 5A of that Act
in respect of such work;
(b) the name and address
of the person who has made the video film and a declaration by him that
he has obtained the necessary licence or consent from the owner of the
copyright in such work for making such video film; and
(c) the name and address
of the owner of the copy right in such work.]
3[52B. Accounts and audit
(1) Every copyright society
appointed under section 34A shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts, in such form and
in such manner as may be prescribed by the Central Government in consultation
with the Comptroller and Auditor-General of India.
(2) The accounts of each
of the copyright societies in relation to the payments received from the
Central Government shall be audited by the Comptroller and Auditor General
of India at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the copyright
society to the Comptroller and Auditor-General.
(3) The Comptroller and
Auditor-General of India or any other person appointed by him in connection
with the audit of the accounts of the copyright society referred to in
sub-section (2) shall have the same rights and privileges and authority
in connection with such audit as the Comptroller and Auditor-General has
in connection with the audit of the government accounts and, in particular,
shall have the right to demand the production of books, accounts and other
documents and papers and to inspect any of the offices of the copyright
society for the purpose only of such audit.
(4) The accounts of each
of the copyright societies as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf together
with the audit report thereon shall be forwarded annually to the Central
Government and that government shall cause the same to be laid before
each House of Parliament.]
53. Importation of infringing copies
(1) The Registrar of Copyrights,
on application by the owner of the copyright in any work or by his duly
authorised agent and on payment of the prescribed fee, may, after making
such inquiry as he deems fit, order that copies made out of India of the
work which if made in India would infringe copyright shall not be imported.
(2) Subject to any rules
made under this Act, the Registrar of Copyrights or any person authorised
by him in this behalf may enter any ship, dock or premises where any such
copies as are referred to in sub-section (1) may be found and may examine
such copies.
(3) All copies to which
any order made under sub-section (1) applies shall be deemed to be goods
of which the import has been prohibited or restricted 24[under section
11 Customs Act, 1962 (51 of 1962),] and all the provisions of the Act
shall have effect accordingly:
PROVIDED that all such
copies confiscated under the provisions of the said Act shall not vest
in the government but shall be delivered to the owner of the copyright
in the work.
3[53A. Resale share right in original copies
(1) In the case of resale
for a price exceeding ten thousand rupees, of the original copy of a painting,
sculpture or drawing, or of the original manuscript of a literary or dramatic
work or musical work, the author of such work if he was the first owner
of rights under section 17 or his legal heirs shall, notwithstanding any
assignment of copyright in such work, have a right to share in the resale
price of such original copy or manuscript in accordance with the provisions
of this section:
PROVIDED that such right
shall cease to exist on the expiration of the term of copyright in the
work.
(2) The share referred
to in sub-section (1) shall be such as the Copyright Board may fix and
the decision of the Copyright Board in this behalf shall be final:
PROVIDED that the Copyright
Board may fix different shares for different classes of work:
PROVIDED FURTHER that
in no case shall the share exceed ten per cent of the resale price.
(3) If any dispute arises
regarding the right conferred by this section, it shall be referred to
the Copyright Board whose decision shall be final.]
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