Intellectual
Property Rights
COPYRIGHT ACT 1957
CHAPTER IX : INTERNATIONAL COPYRIGHT
40. Power to extend copyright to foreign works
The Central Government
may, by order published in the Official Gazette, direct that all or any
provisions of this Act shall apply-
(a) to works first published
in any territory outside India to which the order relates in like manner
as if they were first published within India;
(b) to unpublished works,
or any class thereof, the authors whereof were at the time of the making
of the work, subjects or citizens of a foreign country to which the order
relates, in like manner as if the authors were citizens of India;
(c) in respect of domicile
in any territory outside India to which the order relates in like manner
as if such domicile were in India;
(d) to any work of which
the author was at the date of the first publication thereof, or, in a
case where the author was dead at that date, was at the time of his death,
a subject or citizen of a foreign country to which the order relates in
like manner as if the author was a citizen of India at that date or time;
and thereupon, subject
to the provisions of this Chapter and of the order, this Act shall apply
accordingly:
PROVIDED that-
(i) before making an order
under this section in respect of any foreign country (other than a country
with which India has entered into a treaty or which is a party to a convention
relating to copyright to which India is also a party), the Central Government
shall be satisfied that foreign country has made, or has undertaken to
make, such provision, if any, as it appears to the Central Government
expedient to require for the protection in that country of works entitled
to copyright under the provisions of this Act;
(ii) the order may provide
that the provisions of this Act shall apply either generally or in relation
to such classes of works or such classes of cases as may be specified
in the order;
(iii) the order may provide
that the term of copyright in India shall not exceed that conferred by
the law of the country to which the order relates;
(iv) the order may provide
that the enjoyment of the rights conferred by this Act shall be subject
to the accomplishment of such conditions and formalities, if any, as may
be prescribed by the order;
(v) in applying the provisions
of this Act as to ownership of copyright, the order may make such exceptions
and modifications as appear necessary, having regard to the law of the
foreign country;
(vi) the order may provide
that this Act or any part thereof shall not apply to works made before
the commencement of the order or that this Act or any part thereof shall
not apply to works first published before the commencement of the order.
21[40A. Power of Central Government to apply Chapter VIII to
broadcasting organisations and performers in certain other countries
(1) If the Central Government
is satisfied that a foreign country (other than a country with which India
has entered into a treaty or which is a party to a convention relating
to rights of broadcasting organisations and performers to which India
is also a party) has made or has undertaken to make such provisions, if
any, as it appears to the Central Government expedient to require, for
the protection in that foreign country, of the rights of broadcasting
organisations and performers as is available under this Act, it may, by
order published in the Official Gazette, direct that the provisions of
Chapter VIII shall apply-
(a) to broadcasting organisations
whose headquarters is situated in a country to which the order relates
or, the broadcast was transmitted from a transmitter situated in a country
to which the order relates as if the headquarters of such organisation
were situated in India or such broadcast were made from India;
(b) to performances that
took place outside India to which the order relates in like manner as
if they took place in India;
(c) to performances that
are incorporated in a sound recording published in a country to which
the order relates as if it were published in India;
(d) to performances not
fixed on a sound recording broadcast by a broadcasting organisation the
headquarters of which is located in a country to which the order relates
or where the broadcast is transmitted from a transmitter which is situated
in a country to which the order relates as if the headquarters of such
organisation were situated in India or such broadcast were made from India.
(2) Every order made under
sub-section (1) may provide that-
(i) the provisions of
Chapter VIII shall apply either generally or in relation to such class
or classes of broadcasts or performances or such other class or classes
of cases as may be specified in the order;
(ii) the term of the rights
of broadcasting organisations and performers in India shall not exceed
such term as is conferred by the law of the country to which the order
relates;
(iii) the enjoyment of
the rights conferred by Chapter VIII shall be subject to the accomplishment
of such conditions and formalities, if any, as may be specified in that
order;
(iv) Chapter VIII or any
part thereof shall not apply to broadcast and performances made before
the commencement of the order or that Chapter VIII or any part thereof
shall not apply to broadcasts and performances broadcast or performed
before the commencement of the order;
(v) in case of ownership
of rights of broadcasting organisations and performers, the provisions
of Chapter VIII shall apply with such exceptions and modifications as
the Central Government may, having regard to the law of the foreign country,
consider necessary.]
41. Provisions as to works of certain international organisations
(1) Where-
(a) any work is made or
first published by or under the direction or control of any organisation
to which this section applies, and
(b) there would, apart
from this section, be no copyright in the work in India at the time of
the making or, as the case may be, of the first publication thereof, and
(c) either-
(i) the work is published
as aforesaid in pursuance of an agreement in that behalf with the author,
being an agreement which does not reserve to the author the copyright,
if any, in the work, or
(ii) under section 17
any copyright in the work would belong to the organisation;
there shall, by virtue
of this section, be copyright in the work throughout India.
(2) Any organisation to
which this section applies which at the material time had not the legal
capacity of a body corporate shall have and be deemed at all material
times to have had the legal capacity of a body corporate for the purpose
of holding, dealing with, and enforcing copyright and in connection with
all legal proceedings relating to copyright.
(3) The organisations
to which this section applies are such organisations as the Central Government
may, by order published in the Official Gazette, declare to be organisations
of which one or more sovereign powers or the government or governments
thereof are members to which it is expedient that this section shall apply.
42. Power to restrict rights in works of foreign authors first
published in India
If it appears to the Central
Government that a foreign country does not give or has not undertaken
to give adequate protection to the works of Indian authors, the Central
Government may, by order, published in the Official Gazette, direct that
such of the provisions of this Act as confer copyright on works first
published in India shall not apply to works, published after the date
specified in the order, the authors whereof are subjects or citizens of
such foreign country and are not domiciled in India, and thereupon those
provisions shall not apply to such works.
21[42A. Power to restrict rights of foreign broadcasting organisations
and performers
If it appears to the Central
Government that a foreign country does not give or has not undertaken
to give adequate protection to rights of broadcasting organisations or
performers, the Central Government may, by order published in the Official
Gazette, direct that such of the provisions of this Act as confer right
to broadcasting organisations or performers, as the case may be, shall
not apply to broadcasting organisations of performers whereof are based
or incorporated in such foreign country or are subjects or citizens of
such foreign country and are not incorporated or domiciled in India, and
thereupon those provisions shall not apply to such broadcasting organisations
or performers.]
43. Orders under this Chapter to be laid before Parliament
Every order made by the
Central Government under this Chapter shall, as soon as may be after it
is made, be laid before both Houses of Parliament and shall be subject
to such modifications as Parliament may make during the session in which
it is so laid or the session immediately following.
Law
of Intellectual Property Rights (IPR) - CD ROM Judgements, Act, Section
Wise Digests, Bare Acts, Rules (Since 1950 till date)
CLICK HERE
|
