Intellectual
Property Rights
INTERNATIONAL COPYRIGHT ORDER,
1991
INTERNATIONAL COPYRIGHT ORDER, 1991
[Order
No. SO. 657(E), dated 30th. September, 1991]
In exercise
of the powers conferred by section 40 of the Copyright Act, 1957 (14 of
1957), and in supersession of the International Copyright Order, 1958,
the Central Government hereby makes the following Order:-
1. (1)
This Order may be called the International Copyright Order, 1991.
(2) It
shall come into force on the date1 of its publication in the Official
Gazette.
2. In
this Order, unless the context otherwise requires-
(a) ‘Berne
Convention Country’ means a country which is a member of the Berne
Copyright Union, and includes a country mentioned either in Part I or
in Part II of the Schedule;
(b) ‘Phonograms
Convention Country’ means a country which has either ratified, or
accepted or acceded to the Convention for the Protection or Procedures
of Phonograms against Unauthorised Duplication of their Phonograms, done
at Geneva on the twenty-ninth day of October, one thousand nine hundred
and seventy-one, and includes a country mentioned in Part V of the Schedule;
(c) ‘Schedule’
means the Schedule appended to this Order;
(d) ‘Universal
Copyright Convention Country’ means a country which has either ratified,
or accepted or acceded to the Universal Copyright Convention, and includes
a country mentioned either in Part III or in Part IV of the Schedule.
Explanation:
‘Phonogram’ means any exclusively aural fixation of sounds
of a performance or other sounds.
3. Subject
to the provisions of paragraph 4, all the provisions of the Copyright
Act, 1957 (14 of 1957) (hereinafter referred to as the Act), except those
of Chapter VIII; and those other provisions which apply exclusively to
Indian works, shall apply,-
(a) to
any work first made or published in a country mentioned in Part I, II,
III or IV of the Schedule, in like manner as if it was first published
in India;
(b) to
any work first made or published in a country other than a country mentioned
in Part I, II, III or IV of the Schedule, the author of which was, at
the date of such publication, or, where the author was dead on that date,
he was at the time of his death, a national of a country mentioned in
Part I, II, III or IV of the Schedule, in like manner, as if the author
was a citizen of India at that point of time;
(c) to
an unpublished work, the author whereof was, at the time of the making
or publication of the work, a national or domiciled in any country mentioned
in Part I, II, III or IV of the Schedule, in like manner, as if the author
was a citizen of, or domiciled in India;
(d) to
any work first made or published by a body corporate incorporated under
any law of a country mentioned in Part I, II, III or IV of the Schedule,
in like manner, as if it was incorporated under a law in force in India;
and
(e) to
a record first made, the producer of which was, at the date of such production,
a national of a country mentioned in Part V of the Schedule or a body
corporate incorporated under a law in force in such a country, in like
manner as if the producer was a citizen of India; or a body corporate
incorporated under a law in force in India, as the case may be, at that
point of time.
Explanation:
‘Record’ means any disc, tape, perforated roll or other device
in which sounds are embodied so as to be dupable of being reproduced therefrom,
other than a sound track associated with a cinematograph film.
4. Notwithstanding
anything contained in paragraph 3(a), the provisions of sub-section (1)
of section 32 of the Act-
(i) shall
not apply to a work first made or published in any Berne Convention Country
mentioned in Part I or II of the Schedule; and
(ii) shall
apply to a work first made or published in any Universal Copyright Convention
Country mentioned in Part III or IV of the Schedule, only in respect of
the translation of such work into any language specified in the English
Schedule to the Constitution of India.
5. The
provision of section 32 [excluding its sub-section (1)], 32A and 32B shall
apply to a work first made or published in a Berne Convention Country
mentioned in Part I of the Schedule or in a Universal Copyright Convention
Country mentioned in Part III of the Schedule.
6. The
term of copyright in a work shall not exceed that which is enjoyed by
it in its country of origin.
Explanation:
In this paragraph, ‘the country of origin’ shall mean-
(a) in
the case of a work first made or published in a Berne Convention Country
or a Universal Copyright Convention Country, that country;
(b) in
the case of a work made or published simultaneously either in a Berne
Convention Country or a Universal Copyright Convention Country and in
a country which is neither a Berne Convention Country nor a Universal
Copyright Convention Country, the former country;
(c) in
the case of a work which is made or published simultaneously in several
Berne Convention Countries, the country whose laws grant the shortest
term of copyright to such a work;
(d) in
the case of a work which is made or published simultaneously in several
Universal Copyright Convention Countries, the country whose laws grant
the shortest term of copyright to such a work;
(e) in
the case of an unpublished work or a work first made or published in a
country other than a Berne Convention Country or a Universal Copyright
Convention Country, the country of which the author was a citizen, or
the country in which he was domiciled at the time of its first publication,
whichever grants the longer term of copyright.
7. The
provisions of the International Copyright Order, 1958 shall cease to have
effect from the date this Order comes into force.
SCHEDULE
PART
I: BERNE CONVENTION COUNTRIES WHICH HAVE RATIFIED/ ACCEPTED/ ACCEDED TO
THE 1971 TEXT OF THE CONVENTION
[See Paragraph
2(a)]
1. Australia
2. Austria
3. Barbados
4. Benin
5. Brazil
6. Bulgaria
7. Burkina
Faso
8. Cameroon
9. Central
African Republic
10. Chile
11. Colombia
12. Congo
13. Costa
Rica
14. Coto
D’Ivorie
15. Cyprus
16. Czechoslovakia
17. Denmark
17A. Equador
18. Egypt
19. Finland
20. France
21. Gabon
22. Germany
22A. Ghana
23. Greece
24. Guinea
25. Guinea-Bissau
26. Holy
See
27. Honduras
28. Hungary
29. Italy
30. Japan
31. Lesotho
32. Liberia
33. Libya
34. Luxembourg
34A. Malawi
35. Malayasia
36. Mali
37. Mauritania
38. Mauritius
39. Mexico
40. Monaco
41. Morocco
42. Netherlands
43. Niger
43A. Paraguay
44. Peru
45. Poland
46. Portugal
47. Rwanda
48. Senegal
49. Spain
50. Surinam
51. Sweden
52. Togo
53. Trinidad
and Tabago
54. Tunisia
55. United
Kingdom
56. United
states of America
57. Uruguay
58. Venezuela
59. Yugoslavia
60. Zaire
61. Zambia
PART
II: BERNE CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/ ACCEPT/ ACCEDE
TO THE 1971 TEXT OF THE CONVENTION
[See
Paragraph 2(a)]
1. Argentina
2. Bahamas
3. Belgium
4. Canada
5. Chad
6. Fiji
7. Iceland
8. Ireland
9. Israel
10. Lebanon
11. Liechtenstein
12. Madagascar
13. Malta
14. New
Zealand
15. Norway
16. Pakistan
17. Philippines
18. Romania
19. South
Africa
20. Sri
Lanka
21. Switzerland
22. Thailand
23. Turkey
24. Zimbabwe
PART
III: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH HAVE RATIFIED/ ACCEPTED/ACCEDED
TO THE 1971 TEXT OF THE CONVENTION
[See Paragraph
2(d)]
1. Algeria
2. Australia
3. Austria
4. Bahamas
5. Bangladesh
6. Barbados
7. Bolivia
8. Brazil
9. Bulgaria
10. Cameroon
11. Colombia
12. Costa
Rica
12A. Cyprus
13. Czechoslovakia
14. Denmark
15. Dominician
Republic
16. El
Salvador
17. Finland
18. France
19. Germany
20. Guinea
21. Holy
See
22. Hungary
23. Italy
24. Japan
25. Kenya
26. Mexico
27. Monaco
28. Morocco
29. Netherlands
30. Niger
31. Norway
32. Panama
33. Peru
34. Poland
35. Portugal
36. Republic
of Korea
37. Rwanda
38. Saint
Vincent and the Grendines
39. Senegal
40. Spain
41. Sri
Lanka
42. Sweden
43. Trinidad
and Tobago
44. Tunisia
45. United
Kingdom
46. United
States of America
47. Yugoslavia
PART
IV: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/
ACCEPT/ ACCEDE TO THE 1971 TEXT OF THE CONVENTION
[See Paragraph
2(d)]
1. Andorra
2. Argentina
3. Belgium
4. Belize
5. Cambodia
6. Canada
7. Chile
8. Cuba
9. Ecuador
10. Fiji
10A. Ghana
11. Greece
12. Guatemala
13. Guinea
14. Haiti
15. Iceland
16. Ireland
17. Israel
18. Laos
19. Lebanon
20. Liberia
21. Liechtenstein
22. Luxembourg
23. Malawi
24. Malta
25. Mauritius
26. New
Zealand
27. Nicaragua
28. Nigeria
29. Pakistan
30. Paraguay
31. Philippines
32. Switzerland
33. Union
of Soviet Socialist Republics
34. Venezuela
35. Zambia
PART
V: PHONOGRAMS CONVENTION COUNTRIES
[See Paragraph
2(b)]
1. Argentina
2. Australia
3. Austria
4. Barbados
5. Brazil
6. Burkina
Faso
7. Chile
8. Costa
Rica
9. Czechoslovakia
10. Denmark
11. Ecuador
12. Egypt
13. El
Salvador
14. Fiji
15. Finland
16. France
17. Germany
18. Guatemala
19. Holy
See
20. Honduras
21. Hungary
22. Israel
23. Italy
24. Japan
25. Kenya
26. Luxembourg
27. Mexico
28. Monaco
29. New
Zealand
30. Norway
31. Panama
32. Paraguay
33. Peru
34. Republic
of Korea
35. Spain
36. Sweden
37. Trinidad
and Tobago
38. United
Kingdom
39. United
States of America
40. Uruguay
41. Venezuela
42. Zaire
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