Intellectual
Property Rights
COPYRIGHT ACT 1957
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) 10[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unpublished work other than 12[work of architecture], the author is at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 a
12[work of architecture], the work is located in India.
Explanation : In the case
of a work of joint authorship, the conditions conferring copyright specified
in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not
subsist-
(a) in any cinematograph
film if a substantial part of the film is an infringement of the copyright
in any other work;
(b) in any 10[sound recording]
made in respect of a literary, dramatic or musical work, if in making
the 10[sound recording], copyright in such work has been infringed.
(4) The copyright in a
cinematograph film or a 10[sound recording] shall not affect the separate
copyright in any work in respect of which or a substantial part of which,
the film, or as the case may be, the 10[sound recording] is made.
(5) In the case of a 4[work
of architecture], copyright shall subsist only in the artistic character
and design and shall not extend to processes or methods of construction.
4[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);
14[(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.]
(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;
(e) 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.
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 15[* * *] Designs Act, 1911
(1) copyright shall not
subsist under this Act in any design which is registered under the 15[*
* *] 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 produced more than
fifty times by an industrial process by the owner of the copyright or,
with his licence, by any other person.
16. No copyright except as provided in this Act
No person shall be entitled
to copyright or any similar right in any work, whether published or unpublished,
otherwise than under and in accordance with the provisions of this Act
or of any other law for the time being in force, but nothing in this section
shall be construed as abrogating any right or jurisdiction to restrain
a breach of trust or confidence.
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