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THE COPYRIGHT ACT, 1957

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THE COPYRIGHT ACT, 1957.ACT NO. 14 OF 1957 AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO COPYRIGHT.

[4th June, 1957.]

BE it enacted by Parliament in the Eighth Year of the Republic of
India as follows:-

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement.

1. (1)Short title, extent and commencement. This Act may be called the Copyright Act, 1957.(2) It extends to the whole of India.

(3) It shall come into force on such 1 date as the Central
Government may, by notification in the Official Gazette, appoint.

2.Interpretation.

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 is 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 ; and

(iv)in relation to a musical work, any arrangement or transcription of the work ;

(b) ” architectural work of art ” means any building or structure having an artistic character or design, or any model 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 photo-
graph, whether or not any such work possesses artistic quality
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1 21st January, 1958, vide Notification No. S. R. O. 269, dated the 21st January, 1958, see Gazette of India, Extraordinary, Pt. II, see. 3, p. 167.2 Extended to and brought into force in the State of Sikkim w.e.f. 27.4.1979 vide Notifn. No. S>O. 226(K) dt. 27.4.1979, Gaz. of
India, Exty., Pt. II, See 3(110, P. 430.

Extended to and brought into force in Dadra and Nagar Haveli
(w.e.f. 1.7.65) by Reg. 6 of 1963., S.2 & Sch. I.

Extended to Goa, Daman and Diu with modifications, by Reg. 12 of
1962, s.3 and Sch.

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8.(ii) an architectural work of 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, the owner of the film at the time of its completion ; and

(vi)in relation to a record, the owner of the original plate from which the record is made, at the time of the making of the plate ;

(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 ” includes the sound track, if any, and “cinematograph ” shall be construed as including any work produced by any process analogous to cinematography;

Explanation.–For the purposes of this clause, “video films”
shall also be deemed to be work produced by a process analogous to cinematography.

(ff) “communication to the public” means communication to the public in whatever manner, including communication through satellite;

(g) ” delivery”, in relation to a lecture,include delivery by means of any mechanical instrument or by broadcast.

(h) ” dramatic work ” includes any piece for 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 be 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 on the 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 Government;

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1 Subs. by Act 23 of 1993, s.2 (w.e.f. 9.8.1984)

2 Ins. by s.3 ibid. (w.e.f. 9.8.1984)

3 Ins. by Act 65 of 1984, s.2 (w.e.f. 8.10.84)
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9.(ii) any Legislature in India ;

(iii)any court, 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 case 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 cinematograph film;

(ii)in relation to a cinematograph film, a copy of the film or a record embodying the recording in any part of the sound track associated with the film;

(iii) in relation to a record, any such record embodying the same recording ; and

(iv) in relation to a programme in which a broadcast reproduction right subsists under section 37, a record recording the programme,

if such reproduction, copy or record is made or imported in contravention of the provisions of this Act

(n) ” lecture ” includes address, speech and sermon

(o) ” literary work ” includes tables compilations and computer programmes, that is to say, programmes recorded on any disc, tape, perforated media or other information storage device, which , if fed into or located in a computer or computer based equipment is capable of reproducing any information;

(p) ” musical work ” means any combination of melody and harmony or either of them, printed, reduced to writing or otherwise graphically produced or reproduced;

(q) ” performance ” includes any mode of visual or acoustic presentation, including any such presentation by the exhi-
bition of a cinematograph film, or by means of broadcast or by the use of a record, or by any other means and, in relation to a lecture, includes the delivery of such lecture
;

(r) “performing rights society ” means a society, association or other body, whether incorporated or not, which carries on business in India of issuing or granting licences for the performance in India of any works in which copyright subsists;

(s) “photograph ” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film;

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1 Subs. by Act 23 of 1983, s.2 (w.e.f. 9.8.1984)

2 Subs. by s.3, ibid. (w.e.f. 9.8.1984)
3 Subs. by Act 65 of 1984, s.2 (w.e.f.8.10.1984)
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10.(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 records for the acoustic presentation of the work are or are intended to be made ;

(u) prescribed ” means prescribed by rules made under this
Act.-

(w) record ” means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound track associated with a cinematograph film ;

(x) recording ” means the aggregate of the sounds embodied in and capable of being reproduced by means of a record;

(y) work ” means any of the following works, namely: -

(i) a literary, dramatic, musical or artistic work;

(ii) a cinematograph film;

(iii) a record;

(z) “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contri-
bution 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.

3.Meaning of Publication. For the purposes of this Act,
“publication” means,-

(a) in the case of a literary, dramatic, musical or artistic work,the issue of copies of the work, either in whole or in part, to the public in a manner sufficient to satisfy the reasonable requirements of the public having regard to the nature of the work;

(b) in the case of a cinematograph film, the sale or hire or offer for sale or hire of the film or copies thereof to the public;

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1 Omitted by Act 23 of 1983, s.3, (w.e.f.9.8.1984)

2 Subs. by s.4, ibid (w.e.f. 9.8.1984)

3 Ins. by Act 65 of 1984, s.2, (w.e.f.8.10.1984)
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11.but does not, except as otherwise expressly provided in this Act, include,-

(i) in the case of a literary, dramatic or musical work, the issue of any records recording such work ;

(ii) in the case of a work of sculpture or an architectural work of art, the issue of photographs and engravings of such work.

4.When work not deemed to be published or performed in public.

4.When work not deemed to be published or performed in public.
Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copy-
right.

5.When work deemed to be first published in India.

5.When work deemed to be first published in India. For the purposes of this Act, a work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some 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 be decided by Copyright Board.

6.Certain disputes to be decided by Copyright Board.
If any question arises,–
(a) whether for the purposes of section3, copies of any,–
(i) literary, dramatic,musical or artistic work are issued to the public in a manner sufficient to satisfy the reasonable requirements of the public; or

(ii) records are issued to the public in sufficient quantities; or.

(b) whether for the purposes of section 5, the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act ;

it shall be referred to the Copyright Board constituted under section
11 whose decision thereon shall be final.

7.NAtionality of author where the making of unpublished work is extendedover considerable period.

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 he was domiciled during any substantial part of that period.

8.Domicile of corporations.

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

9.Copyright office.

9. (1)Copyright office. 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.

10. (1)Registrar and Deputy Registrars of Copyrights. The
Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.

(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and direction of 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.

11. (1)Copyright Board. 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 nor more than eight 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 the Supreme Court or a High Court or is qualified for appointment as a Judge of a 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 and procedure of Copyright Board.

12.(1)Powers and procedure of Copyright Board.The Copyright Board shall, subject to any rules that may be made 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 pro-
ceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person institut-
ing the proceeding actually and voluntarily resides or carries on business or personally works for gain.

Explanation.-In this sub-section ” zone ” means a zone specified in section 15 of the States Reorganisation Act, 1956. (7 of 1956).

13.(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.

(3) If there is a difference of opinion among the members of the
Copyright Board or 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–

(i) if the Chairman was one of the members who heard the matter, the opinion of the Chairman shall prevail ;

(ii) if the Chairman was not one of the members who heard the matter, the matter shall be referred to him for his opinion and that opinion shall prevail.

(4) The Copyright Board 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 take 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 taken 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 purpose of sections 345 and 346 of the Code of Criminal Procedure
1973 and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
CHAPTER III

13.Works in which copyright subsists.

13 (1)Works in which copyright subsists. 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;

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1 Subs. by Act 23 of 1983, s.6 (w.e.f. 9.8.1984)
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14.(b) cinematograph films; and

(2) Copyright shall not subsist in any work specified in subsection (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 an architectural work of art, 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 an architectural work of art, 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 record made in respect of a literary, dramatic or musical work, if in making the record,.copyright in such work has been infringed.

(4) The copyright in a cinematograph film or a record 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 record is made.

(5) In the case of an architectural work of art, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.

14.Meaning of copyright.

14. (1)Meaning of copyright. For the purposes of this Act, ”
copyright ” means the exclusive right, by virtue of, and subject to the provisions of, this

(a) in the case of a literary, dramatic or musical work, to do and authorise the doing of any of the following acts, namely: -

(i) to reproduce the work in any material form

15.(ii) to publish the work;

(iii)to perform the work in public;

(iv) to produce, reproduce, perform or publish any translation of the work ;

(v) to make any cinematograph film or a record in respect of the work ;

(vi) to communicate the work by radio broadcast or to communicate to the public by a loud-speaker or any other similar instrument the broadcast of the work;

(vii) to make any adaptation of the work;

(viii)to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in clauses (i) to (vi) ;

(b) in the case of an artistic work, to do or authorise the doing of any of the following acts, namely:-

(i) to reproduce the work in any material form;

(ii)to publish the work ;

(iii)to include the work in any cinematograph film;

(iv)to make any adaptation of the work;

(v) to do in relation to an adaptation of the work any of the acts specified in relation to the work in clauses
(i) to (iii).

(i) to make a copy of the film ;

(ii)to cause the film, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public ;

(iii)to make any record embodying the recording in any part of the sound track associated with the film by utilising such sound track;

(iv)to communicate the film by broadcast;

(d) in the case of a record, to do or authorise the doing of any of the following acts by utilising the record, namely:-

(i) to make any other record embodying the same recording;

(ii) to cause the recording embodied in the record to be heard in public ;

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1 Subs. by Act 23 of 1983, s.2 (w.e.f. 9.8.1984)
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16.(iii) to communicate the recording embodied in the record by broadcast;

(2) Any reference in sub-section (1) to the doing of any act in relation to a work or a translation or an adaptation thereof shall include a reference to the doing of that act in relation to a substan-
tial part thereof.

15.Special provision regarding copyright in designs registered or capableof being registered under the Indian Patents and Designs Act, 1911.15. (1)Special provision regarding copyright in designs registered or capable of being registered under the Indian Patents and
Designs Act, 1911. 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.

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.
CHAPTER IV

OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER

17.First owner of copyright.

17.First owner of copyright. Subject to the provisions of this
Act, the author of a work shall be the first 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
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1 Subs. by Act 23 of 1983,s.2 (w.e.f. 9.8.1984)

2 Omitted by s.7, ibid. (w.e.f.9.8.1984)
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17.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 authors 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 the 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, be 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.

Explanation.-For the purposes of this clause and section
28A, “public undertaking” means-

(i) an undertaking owned or controlled by Government;
or

(ii) a Government Company as defined in section 617 of the
Companies Act, 1956; or

(iii) a body corporate established by or under any
Central, Provincial or State Act.]

(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.

18. (1)Assignment of copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term 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 effect 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 copy-
right 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 Assignment.

19.(1)Mode of Assignment. 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 the copyright in any work shall, among other things, -indicate clearly the rights proposed to be assigned and the size of the work.

19A.Disputes with respect to assignment of copyright. Where any dispute arises with respect to the assignment Disputes of, or any of the terms of, the assignment of, any copyright, the Copyright Board may, on receipt of a complaint from any of the parties to the dispute and after holding such inquiry as it may deem necessary, pass such orders as it may deem fit, including orders by way of giving permission to the owner of the copyright to revoke its assignment if the terms of the assignment are harsh to him or if the publisher unduly delays the publication of the work or by way of issue of a certificate for the recovery of any royalty due to the

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1 Ins. by Act 23 of 1983,s.8 (w.e.f. 9.8.1984)

2 Re-numbered and ins. by s.9 ibid. (w.e.f. 9.8.1984)

3 Ins. by s.10, ibid. (w.e.f. 9.8.1984)
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18.20.Transmission of copyright in manuscript by testamentary disposition.

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 testators 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.

Explanation.-In this section., the expression ” manuscript ”
means the original document embodying the work, whether written by hand or not.

21.Right of author to relinquish copyright.

21.(1)Right of author to relinquish copyright. 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 IX

INTERNATIONAL COPYRIGHT

40.

Power to extend copyright to foreign works.

40.Power to extend copyright to foreign works. The Central
Government may, by 1 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 that foreign country 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 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
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1 For the International Copyright Order, 1958. see Gazette of
India, Extraordinary, Pt. II, Sec. 3, p. 181.———————————————————————-

27.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.

41.Provisions as to works of certain international organisations.

41. (1)Provisions as to works of certain international organisations. 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

(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.

28.(3) The organisations to which this section applies are such organisations as the Central Government may, by 1 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 publishedin India.

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.

43.Orders under this Chapter to be laid before Parliament.

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.

CHAPTER V

TERM OF COPYRIGHT

22.Term of copyright in published literary, dramatic, musical andartistic works.

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.

Explanation.-In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

23.Term of copyright in anonymous and pseudonymous works.

23.(1)Term of copyright in anonymous and pseudonymous works. 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

———————————————————————-
1 Subs. by Act 13 of 1992, s.2 (w.e.f. 28.12.1991)
———————————————————————-

19.from the beginning of the calendar year next following the year in which the author dies.

(2)In sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,-

(a) where the identity of one 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 pseudonyms 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.

Explanation.-For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copy-
right Board by that author.

24.Term of copyright in posthumous work.

24. (1)Term of copyright in posthumous work. In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the 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

———————————————————————
1 Subs. by Act 13 of 1992, s.2 (w.e.f. 28.12.1991)
———————————————————————

20.work is first published or, where an 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 have been published, if it has been performed in public or if any records made in respect of the work have been sold to the public or have been offered for sale to the public.

25.Term of copyright in photographs.

25.Term of copyright in photographs. In the case of a photograph, copyright shall subsist until from the beginning of the calendar year next following the year in which the photograph is published.

26.Term of copyright in cinematograph films.

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 records.

27.Term of copyright in records. In the case of a record, copyright shall subsist until from the beginning of the calendar year next following the year in which the record is published.

28.Term of copyright in Government works.

28.Term of copyright in Government works. In the case of a
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 work 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 year next following the year in which the work is first published.

29.Term of copyright in works of international organisations.

29.Term of copyright in works of international organisations. In the case of a work of an international Organisation to which the provisions of section 41 apply, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

CHAPTER VI

LICENCES

30.

Licences by owners of copyright.

30.Licences by owners of copyright. The owner of the copyright in any existing work or 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.

———————————————————————
1 Ins. by Act 23 of 1983, s.11 (w.e.f. 9.8.1984)

2 Subs. by Act 13 of 1992, s.2 (w.e.f.28.12.1991)
———————————————————————

21.Explanation.-Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representative shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

31.Compulsory licence in works withheld from public.

31. (1)Compulsory licence in works withheld from public. 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 republish or allow the republication 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 from the public; or

(b) has refused to allow communication to the public by broadcast of such work or in the case of a record the work recorded in such record, 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, may, 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 republish 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 deter-
mine ; and thereupon the Registrar of Copyrights shall grant the licence to the complainant in accordance with the directions of the Copyright Board, on payment of such fee as may be prescribed.

Explanation.-In this sub-section, the expression ” Indian work includes-

(i) an artistic work, the author of which is a citizen of
India; and

(ii) a cinematograph film or a record made or manufactured in India.

(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 general public.

31A. (1)Compulsory licence in unpublished Indian works. Where, in the case of an Indian work referred to in Sub-clause (iii) of clause
(l) 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 licence 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 news-
paper 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 (2) 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.

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1 Subs. by Act 23 of 1983, s.2 (w.e.f. 9.8.1984)

2 Ins. by s.12, ibid. (w.e.f. 9.8.1984)
———————————————————————

22.32.Licence to produce and publish translations.

32.(1)Licence to produce and publish translations. 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.

(1A) 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 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 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 an 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 (1A), 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 the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish to any country if-

(1) such copies are sent to citizens of India residing outside India or to any association -of such citizens out-
side India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purposes; 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, 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 he 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 had sent a copy of his request for such authorisation by registered air mail post to the 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 publiched by the owner of the copyright in the work or any person authorisedby 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 ;
———————————————————————-
1 Ins. and Subs. by Act 23 of 1983,s.3 (w.e.f. 9.8.1984)
———————————————————————

23.(e) the author has not withdrawn from circulation copies of the work; and

(f)an opportunity of being heard is given, wherever practi-
cable, 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 subsection (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 specialized, 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 any other broadcasting agency; and

(d) the translation and the broadcasting of such translation are not used for any commercial purposes.

Explanation.-For the purposes of this section,-

(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 corpo-
rate (not being bodies, corporate owned or controlled by
Government) 1 or other associations 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. (1)Licence to reproduce and publish works for certain purposes. 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 purposes 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 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 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 air-mail post to the published 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 on 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 or 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 re-
production and publication, or translation into a language in general

use the India, of any text incorporated in audiovisual fixations pre pared and published solely for the. purpose of systematic instruc-
tional activities.

Explanation.-For the purposes of this section, “relevant period”, in relation to any work, means a period of-

(a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;

(b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work -of, or relating to, natural science, physical science, mathematics or technology; and

32B. (1)Termination of licences issued under this Chapter. If, at any time after the granting of a licence to produce and publish the translation of a work in any language under subsection (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 at 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 distri-
bution 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

PERFORMING RIGHTS SOCIETIES

33.Performing rights society to file statements of fees, charges androyalties.

33. (1)Performing rights society to file statements of fees, charges and royalties. Every performing rights society shall, within the prescribed time and in the prescribed manner, prepare, publish and file with the Registrar of Copyrights, statements of all fees, charges or royalties which it proposes to collect for the grant of licences for performance in public of works in respect of which it has authority to grant such licences.

(2) If any such society fails to prepare, publish or file with the Registrar of Copyrights the statements referred to in sub-section
(1) in relation to any work in accordance with the provisions of that sub-section, no action or other proceeding to enforce any remedy, civil or criminal, for infringement of the performing rights in that work shall be commenced except with the consent of the Registrar of
Copyrights.

34.Objections relating to published statements.

34.Objections relating to published statements. Any person having any objections to any fees, charges or royalties or other particulars included in any statement referred to in section 33 may at any time lodge such objections in writing at the Copyright Office.

35.Determination of objections.

35. (1)Determination of objections. Every objection lodged at the Copyright Office under section 34 shall, as soon as may be, be referred to the Copyright Board and the Copyright Board shall decide such objection in the manner hereinafter provided.

(2) The Copyright Board shall, in respect of every such objec-
tion, give notice thereof to the performing rights society concerned

(3) The Copyright Board shall, after giving such society and the person who lodged the objection a reasonable opportunity of being heard and after making such further inquiry as may be prescribed, make such alterations in the statements as it may think fit, and shall transmit the alterations made by it to the Registrar of Copyrights, who shall thereupon, as soon as practicable after the receipt of such alterations, publish them in the Official Gazette and furnish the performing rights society concerned and the person who lodged the objection with a copy thereof.

———————————————————————
1 Ins. by Act 23 of 1983,s.13 (w.e.f. 9.8.1984)

2 Ins. by s.14, ibid (w.e.f.9.8.1984)
———————————————————————

24.(4) The fees, charges or royalities as altered by the Copyright
Board shall be the fees, charges or royalties which the performing rights society concerned may respectively lawfully sue for or collect in respect of the grant by it of licences for the performance in public of works to which such fees, charges or royalties relate.

(5) No performing rights society shall have any right of action or any right to enforce any civil or other remedy for infringement of the performing rights in any work against any person who has tendered or paid to such society the fees, charges or royalties specified in respect of that work in a statement published by that society under sub-section (1) of section 33 or where such statement has been altered by the Copyright Board under this section in the statement so altered.

(6) Where any person has lodged an objection at the Copyright
Office regarding the fees, charges or royalties in respect of any work included in a statement published under section 33, that person or any other person, on depositing such fees, charges or royalties at the
Copyright Office, may, pending the final decision of such objection by the Copyright Board or the High Court, as the case may be, perform that work without infringing the copyright therein.

(7) The fees, charges or royalties deposited at the Copyright
Office under sub-section (6) shall be paid to the performing rights society concerned or to the person who made the deposit, or partly to such society and partly to such person, in accordance with the final decision on the objection as aforesaid.

36.Exiting rights not affected.

36.Exiting rights not affected. Nothing in this Chapter shall be deemed to affect-

(a) any rights or liabilities in relation to the performing rights in any work accrued or incurred before the commence-
ment of this Act ;

(b) any legal proceedings in respect of such rights or liabilities pending at such commencement.

CHAPTER VIII

RIGHTS OF BROADCASTING AUTHORITIES

37.Broadcast reproduction right.

37. (1)Broadcast reproduction right. Where any programme is broadcast by the Government or any other broadcasting authority, a special right

———————————————————————
1 Omitted by Act 23 of 1983, s.15 (w.e.f.9.8.1984)
———————————————————————

25.to be known as ” broadcast reproduction right ” shall subsist in such programme.

(2) The Government or other broadcasting authority, as the case may be, shall be the owner of the broadcast reproduction right and such right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the programme is first broadcast.

(3) During the continuance of a broadcast reproduction right in relation to any programme, any person who,-

(a) without the licence of the owner of the right-

(i)rebroadcasts the programme in question or any substantial part thereof ; or

(ii)causes the programme in question or any substantial part thereof to be heard in public ; or

(b) without the licence of the owner of the right to utilise the broadcast for the purpose of making a record recording the programme in question or any substantial part thereof, makes any such record,

shall be deemed to infringe that broadcast reproduction right.

38.Other provisions of this Act to apply to broadcast reproductionrights.

38.Other provisions of this Act to apply to broadcast reproduction rights. Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66.shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any programme as they apply in relation to the copyright in a work:

Provided that a licence to utilise a broadcast for the purpose of making a record recording a programme in which broadcast reproduction right subsists or any substantial part of such programme, shall not take effect unless the person to whom such licence is granted has also obtained a licence to make records recording the work embodied in such programme from the owner of the copyright in such work.

39.Other rights not affected.

39.Other rights not affected. For the removal of doubts, it is hereby declared that the broadcast reproduction right conferred upon a broadcasting authority under this Chapter shall not affect the copyright-

(a) in any literary, dramatic or musical work which is broadcast by that authority ; or

(b) in any record recording any such work.
CHAPTER X

REGISTRATION OF COPYRIGHT

44.Register of Copyrights.

44.Register of Copyrights. There shall be kept at the Copyright
Office a register in the prescribed form to be called the Register of
Copyrights in which may be entered the names or titles of works and the names and addresses of authors., publishers and owners of copyright and such other particulars as may be prescribed.

45.Entries in Register of Copyrights.

45. (1)Entries in Register of Copyrights. The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompained by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights:

“Provided that in respect of an -artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to -in section
4 ,of the Trade and Merchandise Marks Act 1958, to the effect that no trade mark identical with or deceptively similar to such artistic work his been registered under that Act in the name of, or-that no application has been made under that Act for such registration by, any person other than the applicant.

(2) On receipt of an application in respect of any work under subsection, (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the
Register of Copyrights
———————————————————————-
1 For Copyright (International Organisations) Order, 1958, see
Gazette of India, Pt. Sec. 3, p. 183.2 Added by Act 23 of 1983, s.16 (w.e.f. 9.8.1984)
———————————————————————-

29.46.Indexes.

46.Indexes. There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.

47.Form and inspection of register.

47.Form and inspection of register. The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.

48.Register of Copyrights to be prima facie evidence of particularsentered therein.

48.Register of Copyrights to be prima facie evidence of particulars entered therein. The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.

49.Correction of entries in the Register of Copy rights.

49.Correction of entries in the Register of Copy rights. The
Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by-

(a) correcting any error in any name, address or particulars
; or

(b) correcting any other error which may have arisen therein by accidental slip or omission.

50.

Rectification of Register by Copyright Board.

50.Rectification of Register by Copyright Board. The Copyright
Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by-

(a) the making of any entry wrongly omitted to be made in the register, or

(b) the expunging of any entry wrongly made in, or remaining on, the register, or

(c). the correction of any error or defect in the register.

“50A.Entries in the Register of Copyrights, etc., to be published. Every entry made in the Register of Copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rec-
tification ordered under section 50, shall be published by the Re-
gistrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.

CHAPTER XI

INFRINGEMENT OF COPYRIGHT

51.When copyright infringed.

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

———————————————————————-
1 Ins. by Act 23 of 1983, s.17 (w.e.f. 9.8.1984)
———————————————————————-

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

(ii)permits for profit any place to be used for the
“Performance of the work in public where such per-
formance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such performance 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 into India,

any infringing copies of the work.

“Provided that nothing in sub-clause (iv) shall apply to the import of two copies of any work other than a cinematograph film or record, 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.

52. (1)Certain acts not to be infringement of copyright. The following acts shall not constitute an infringement of copyright, namely: -

(a) a fair dealing with a literary, dramatic, musical or artistic work for the purposes of-

(i) research or private study;

(ii)criticism or review, whether of that work or of any other work;

(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 broadcast or in a cinematograph film or by means of photographs.;
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.

———————————————————————-
1 Subs. by Act 23 of 1983, s.2 (w.e.f. 9.8. 1984)

2 Ins. by s.18 ibid. (w.e.f. 9.8.1984)

3 Omitted & Ins. by Act 65 of 1984, s.3 (w.e.f. 8.10.1984)
———————————————————————-

31.(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 edu-
cational 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 instruc-
tion ; or

(ii) as part of the questions to be answered in an ex-
amination ; 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

32.a cinematograph film or a record, 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 ;

(j) the making of records in respect of any literary, dramatic or musical work, if-

(i)records recording that work have previously been made by, or with the licence or consent of, the owner of the copyright in the work ; and

(ii)the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the
Copyright Board in this behalf:

Provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of, the owner of the copyright or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question ;

(k) the causing of a recording embodied in a record to be heard in public by utilising the record,-

(i)at any premises where persons reside, as part of the amenities provided exclusively or mainly for residents therein, or

(ii)as part of the activities of a club, society or other 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 repro-
duction ;

33.(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 fifty 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 Legis-
lature, unless the reproduction or publication of such report is prohibited by the Government;

(iv) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;

34.(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;

(s) the making or publishing of a painting, drawing, engraving or photograph of an architectural work of art;

(t) the making or publishing of a painting, drawing, engraving or photograph of a 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) the making of an object of any description, in three dimensions of an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic work ;

35.(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 acknowledgment-

(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.

(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.

52A. (1)Particulars to be included in records and video films. No person shall publish a record in respect of any work unless the following particulars are displayed on the record and on any container thereof namely:-

(a) the name and address of the person who has made the record;

(b) the name and address of the owner of the copyright in such work; and

(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, 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 cop in such work for making such video film-, and

53.Importation of infringing copies.

53. (1)Importation of infringing copies. 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 subsection, applie shall be deemed to be goods of which the import has been prohibited or restricted under section 11 of Customs Act, 1962 and all the provisions of that Act shall have effect accordingly: (8 of 1878).

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.

CHAPTER XII

CIVIL REMEDIES

54.Definition.

54.Definition. For the purposes of this Chapter, unless the context otherwise requires, the expression “owner of copyright” shall include-

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author or his legal representatives.

55.Civil remedies for infringement of copyright.

55. (1)Civil remedies for infringement of copyright. Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:

Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plantiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher, as the case may be, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.

56.Protection of separate rights.

56. Subject to the provisions of this Act, where the several rights comprising the copyright in any work are owned by different persons,

37.the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.

57.Authors special rights.

57.(1)Authors special rights. Independently of the authors copyright, and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right to claim the authorship of the work as well as the right to restrain, or claim damages in respect of,-

(a) any distortion, mutilation or other modification of the said work; or

(b) any other action in relation to the said work which would be prejudicial to his honour or reputation.

(2) The right conferred upon an author of a work by sub-section
(1), other than the right to claim authorship of the work, may be exercised by the legal representatives of the author:

58.Right of owner against persons possessing or dealing with infringingcopies.

58.Right of owner against persons possessing or dealing with infringing copies. All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves-

(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies ; or

(b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.

59.Restriction on remedies in the case of words of architecture.

59. (1)Restriction on remedies in the case of words of architecture. Notwithstanding anything contained in the Specific
Relief Act 1963, where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition. (1 of 1877).

———————————————————————
1 Subs. by Act 23 if 1983, s.20 (w.e.f. 9.8.1984)
———————————————————————

38.(2) Nothing in section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.

60.

Remedy of the case of groundless threat of legal proceedings.

60.Remedy of the case of groundless threat of legal proceedings.
Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained in section 34 of the Specific
Relief Act, 1963 institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit-

(a) obtain an injunction against the continuance of such threats ; and

(b) recover such damages, if any, as he has sustained by reason of such threats:

Provided that this section shall not apply if the person making such threats, with due diligence, cemmences and prosecutes an action for infringement of the copyright claimed by him.

61.Owners of copyright to be party to the proceeding.

61. (1)Owners of copyright to be party to the proceeding. In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee.

(2) Where any civil suit or other proceeding regarding infringe-
ment of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.

62.Jurisdiction of court over matters arising under this chapter.

62. (1)Jurisdiction of court over matters arising under this chapter. Every suit or other civil proceeding arising under this
Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a ” district court having jurisdiction ” shall, notwithstanding anything contained in the
Code of Civil Procedure, 1908, (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding. the

———————————————————————
1 Subs. by Act 23 of 1983, s.21 (w.e.f. 9.8.1984)
———————————————————————

39.person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.
CHAPTER XIII.

OFFENCES

63.Offence of infringement of copyright or other rights conferred by thisAct.

63.Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringe-
ment of-

(a) the copyright in a work, or

(b) any other right conferred by this Act,

shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lake rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Explanation.-Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

63A.Enhanced penalty on second and subsequent convictions.
Whoever having already been convicted of an offence under section 63.is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:

Provided further that for the purposes of this section, no cog-
nizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984.64.Power of police to seize infringing copies.

64. (1)Power of police to seize infringing copies. Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.”

(2) Any person having an interest in any copies of a work under sub-section (1) may, within fifteen days of such seizure an application to the magistrate for such copies or plates being restored to him and the magistrate, after hearing the applicant and the com-
plainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.

65.Possession of plates for purpose of making infringing copies.

65.Possession of plates for purpose of making infringing copies.
Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may two years and shall also be liable to fine.

66.Disposal of infringing copies or plates for purpose of makinginfringing copies.

66.Disposal of infringing copies or plates for purpose of making infringing copies. The court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright.
———————————————————————-
1 Subs. by Act 65 of 1984, s.5 (w.e.f. 8.10.1984)

2 Ins. by s.6, ibid. (w.e.f. 8.10.1984)

3 Subs. & Ins. by s.7 ibid. (w.e.f. 8.10.1984)

4 Subs. by s.8 ibid. (w.e.f. 8.10.1984)
———————————————————————

67.Penalty for making false entries in register, etc., for producing ortendering false entries.

67.Penalty for making false entries in register, etc., for producing or tendering false entries. Any person who,-

(a) makes or causes to be made a false entry in the
Register of Copyrights kept under this Act, or

(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or

(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false,

shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

68.Penalty for making false statements for the purpose of deceiving orinfluencing any authority or officer.

68.Penalty for making false statements for the purpose of deceiving or influencing any authority or officer. Any person who,-

(a) with a view to deceiving any authority or officer in the execution of the provisions of this Act, or

(b) with a view to procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder,

makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to year, or with fine, or with both.

68A. Any person who publishes a record or a video film in contravention of the provisions of section 52A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.

69.Offences by companies.

69. (1)Offences by companies. Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

———————————————————————
1 Ins. by Act 65 of 1984, s.9 (w.e.f. 8.10.1984)
———————————————————————

41.Explanation.-For the purposes of this section-

(a) ” company ” means any body corporate and includes a firm or other association of persons ; and

(b) “director” in relation to a firm means a partner in the firm.

70.

Cognizance of offences.

70.Cognizance of offences. No court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.

CHAPTER XIV

APPEALS

71.Appeals against certain orders of magistrate.

71.Appeals against certain orders of magistrate. Any person aggrieved by an order made under sub-section of section 64 or section 66 may, within thirty days of the date of such order, appeal to the court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

72.Appeals against certain orders of magistrate.

72. (1)Appeals against certain orders of magistrate. Any person aggrieved by any final decision or order of the Registrar of
Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board.

(2) Any person aggrieved by any final decision or order of the
Copyright Board, not being a decision or order made in an appeal under sub-section (1)may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:

Provided that no such appeal shall lie against a decision of the
Copyright Board under section 6.(3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.

73.Procedure for appeals.

73.Procedure for appeals. The High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under section 72.———————————————————————
1 Subs. by Act 23 of 1983, s.22 (w.e.f. 9.8.1984)

CHAPTER XV

MISCELLANEOUS

74.Registrar of Copyrights and Copyright Board to possess certain powersof civil courts.

74.Registrar of Copyrights and Copyright Board to possess certain powers of civil courts. The Registrar of Copyrights and the Copyright
Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) issuing commissions for the examination of witnesses or documents ;

(e) requisitioning any public record or copy thereof from any court or office ;

(f) any other matter which may be prescribed.

Explanation.-For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of
Copyrights or the Copyright Board, as the case may be, shall be the limits of the territory of India.

75.Orders for payment of money passed by Registrar of Copyrights andCopyright
Board to be executable as a decree.

75.Orders for payment of money passed by Registrar of Copyrights and Copyright Board to be executable as a decree. Every order made by the Registrar of Copyrights or the Copyright Board under this Act for the payment of any money or by the High Court in any appeal against any such order of the Copyright Board shall, on a certificate issued by the Registrar of Copyrights, the Copyright Board or the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.

76.Protection of action taken in good faith.

76.Protection of action taken in good faith. No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

77.Certain persons to be public servants.

77.Certain persons to be public servants. Every officer appointed under this Act and every member of the Copyright Board shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.

78.Power to make rules.

78. (1)Power to make rules. The Central Government may, by notification in the Official Gazette, make 1 rules for carrying out the purposes of this Act.

———————————————————————
1 For the Copyright Rules, 1958, see Gazette of India, Extraordinary, Pt. II, See. 3, p. 167.———————————————————————

43.(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-

(a) the term of office and conditions of service of the
Chairman and other members of the Copyright Board;

(b) the form of complaints and applications to be made, and the licences to be granted, under this Act ;

(d) the manner of determining any royalties payable under this Act, and the. security to be taken for the payment of such royalties ;

(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered therein ;

(f)the matters in respect of which the Registrar of
Copyrights and the Copyright Board shall have powers of a civil court ;

(g) the fees which may be payable under this Act;

(h) the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights.

(3) Every rule made under this section shall, be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

79.Repeals, savings, and transitional provisions.

79. (1)Repeals, savings, and transitional provisions. The Indian
Copyright Act, 1914, (3 of 1914) and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914, (3 of 1914) are hereby repealed.

(2) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and

———————————————————————-
1 Subs. by Act 23 of 1983, s.23 (w.e.f. 9.8.1984)
———————————————————————-

44.valuable at the said date, unless the person who, by virtue of this
Act, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by-the Copyright Board.

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).

(4) Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be-

(a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest ;

(b) in any other case, the person who was the first owner of the copyright in the work under any Act repealed by sub-
section (1) or his legal representatives.

(5), Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act had not come into force.

(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.

(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General
Clauses Act, 1897, (10 of 1897) with respect to the effect of repeals.

A HAND BOOK OF COPYRIGHT LAW

Legal India — Fri, 29 May 2009 10:36:01 +0000

I N T R O D U C T I O N

There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. The questions put forth by the representatives of these sections of society vary from those relating to the very fundamentals of intellectual property rights to those which relate to practical applications. The Ministry of Human Resource Development has for some time been contemplating a publication to answer such queries. In this booklet, an attempt has been made to provide clarifications on most of the issues relating to copyright law and its enforcement in a question – answer format. The language used is jargon free and user friendly.

RATIONALE OF COPYRIGHT PROTECTION

What is copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Why should copyright be protected?

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?

Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.

To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.

Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?

Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work

for the purpose of research or private study,

for criticism or review,

for reporting current events,

in connection with judicial proceeding,

performance by an amateur club or society if the performance is given to a non-paying audience, and

the making of sound recordings of literary, dramatic or musical works under certain conditions.

What is the scope of protection in the Copyright Act,1957 ?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

Does copyright apply to titles and names ?

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.

WORK

What is a work?

A work means any of the following , namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.

What is a work of joint authorship?

“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.

What are the classes of works for which copyrights protection is available in India?

Original literary, dramatic, musical and artistic works;

Cinematograph films; and

Sound recordings.

What is an artistic work?

An artistic work means-

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;

a work of architecture; and

any other work of artistic craftsmanship.

What is a musical work?

“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. A musical work need not be written down to enjoy copyright protection.

What is a sound recording?

“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

What is a cinematograph film?

“Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be 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.

What is a government work?

“Government work” means a work which is made or published by or under the direction or control of

the government or any department of the government

any legislature in India, and

any court, tribunal or other judicial authority in India.

What is an Indian work?

“Indian work” means a literary, dramatic or musical work,

the author of which is a citizen of India; or

which is first published in India; or

the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

AUTHORSHIP AND OWNERSHIP

Whose rights are protected by copyright?

Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.

Who is the first owner of copyright in a work?

Ordinarily the author is the first owner of copyright in a work.

Who is an author?

In the case of a literary or dramatic work the author, i.e., the person who creates the work.

In the case of a musical work, the composer.

In the case of a cinematograph film, the producer.

In the case of a sound recording, the producer.

In the case of a photograph, the photographer.

In the case of a computer generated work, the person who causes the work to be created.

Who all have rights in a musical sound recording?

There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording.

Is it necessary to obtain any licence or permission to use a musical sound recording for public performance?

A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording. This would ,inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.

Who is the owner of copyright in a government work?

In the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of copyright in the work of a public undertaking?

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.

Who is the owner of copyright in works by journalists during the course of their employment?

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.

Who is the owner of a work produced during the course of the author’s employment?

In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of the copyright in the case of a work produced for valuable consideration at the instance of another person?

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.

Is copyright assignable?

Yes. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.

What is the mode of assigning copyright?

It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

Does an assignment lapse automatically?

Where the assignee does not exercise the rights assigned to him within a 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.

What will be the period of assignment if not specifically stated in the assignments?

If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

What will be the territorial extent of the assignment if not specified in the assignment?

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.

Can an author relinquish copyright and, if so, how?

The author of a work may relinquish all or any of the rights comprising the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights.

DIFFERENT RIGHTS

Are copyrights same for all classes of works?

No. The rights vary according to the class of work.

What are the rights in the case of a literary work?

In the case of a literary work (except computer programme), copyright means the exclusive right

To reproduce the work

To issue copies of the work to the public

To perform the work in public

To communicate the work to the public.

To make cinematograph film or sound recording in respect of the work

To make any translation of the work

To make any adaptation of the work.

Is translation of an original work also protected by copyright?

Yes. All the rights of the original work apply to a translation also.

Are computer programmes protected under Copyright Act?

Yes. Computer programmes are protected under the Copyright Act. They are treated as literary works.

Are there any special rights in computer programmes?

Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a computer programme enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.

What are the rights in a dramatic work?

In the case of a dramatic work, copyright means the exclusive right

To reproduce the work

To communicate the work to the public or perform the work in public

To issue copies of the work to the public

To include the work in any cinematograph film

To make any adaptation of the work

To make translation of the work.

What are the rights in an artistic work?

In the case of an artistic work, copyright means the exclusive right

To reproduce the work

To communicate the work to the public

To issue copies of the work to the public

To include the work in any cinematograph film

To make any adaptation of the work.

What are the rights in a musical work?

In the case of a musical work, copyright means the exclusive right

To reproduce the work

To issue copies of the work to the public

To perform the work in public

To communicate the work to the public

To make cinematograph film or sound recording in respect of the work

To make any translation of the work

To make any adaptation of the work.

What are the rights in a cinematograph film?

In the case of a cinematograph film, copyright means the exclusive right

To make a copy of the film including a photograph of any image forming part thereof

To sell or give on hire or offer for sale or hire a copy of the film

To communicate the cinematograph film to the public.

What are the rights in a sound recording?

To make any other sound recording embodying it

To sell or give on hire, or offer for sale or hire, any copy of the sound recording

To communicate the sound recording to the public.

What is the right of reproduction?

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.

What is the right of communication to the public?

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. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.

What is an adaptation?

Adaptation involves the preparation of a new work in the same or different form based upon an already existing work. The Copyright Act defines the following acts as adaptations:

Conversion of a dramatic work into a non dramatic work

Conversion of a literary or artistic work into a dramatic work

Re-arrangement of a literary or dramatic work

Depiction in a comic form or through pictures of a literary or dramatic work

Transcription of a musical work or any act involving re-arrangement or alteration of an existing work.

The making of a cinematograph film of a literary or dramatic or musical work is also an adaptation.

Can any person translate a work without the permission of the owner of the copyright in the work?

No. A person cannot translate a work enjoying copyright without the permission of the copyright owner.

Is there any copyright over news?

No. There is no copyright over news. However, there is copyright over the way in which a news item is reported.

REGISTRATION OF COPYRIGHT

Is it necessary to register a work to claim copyright?

No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

What is the procedure for registration of a work under the Copyright Act,1957?

Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387

What are the guidelines regarding registration of a work under the Copyright Act?

Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:

Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;

Separate applications should be made for registration of each work;

Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and

The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.

Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix – I.

TERM OF COPYRIGHT

Is copyright protected in perpetuity?

No. It is protected for a limited period of time.

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.

ADMINISTRATION OF COPYRIGHT LAW

Is there any advisory body on copyright matters?

Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC). The present composition of the CEAC is at Appendix- II.

Are there special courts for copyright?

No. There are no special courts for copyright cases. The regular courts try these cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright.

What are the powers of Copyright Board?

The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases. The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:

hear appeals against the orders of the Registrar of Copyright;

hear applications for rectification of entries in the Register of Copyrights;

adjudicate upon disputes on assignment of copyright;

grant compulsory licences to publish or republish works (in certain circumstances);

grant compulsory 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;

hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;

fix rates of royalties in respect of sound recordings under the cover-version provision; and

fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.

The present composition of the Board is at Appendix – III.

Has the Registrar of Copyrights any judicial powers?

Yes. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely,

summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of any document;

receiving evidence on affidavit;

issuing commissions for the examination of witnesses or documents;

requisitioning any public record or copy thereof from any court or office;

any other matters which may be prescribed.

PERFORMER’S RIGHTS

Who is a performer?

As per the Indian Copyright Act, a “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.

What is a performance?

“Performance” in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers.

What are the rights of a performer?

A performer has the following rights in his/her performance:

Right to make a sound recording or visual recording of the performance;

Right to reproduce the sound recording or visual recording of the performance;

Right to broadcast the performance;

Right to communicate the performance to the public otherwise than by broadcast.

What is the term of protection of performer’s rights?

Performer’s rights subsist for 25 years.

What are the rights of a performer in a cinematograph film?

Once a performer has consented for incorporation of his performance in a cinematograph film, he shall have no more performer’s rights to that performance.

BROADCASTER’S RIGHTS

What is a broadcast?

“Broadcast” means communication to the public:

by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or

by wire.

What are the rights of a broadcasting organization?

The rights of a broadcasting organization with reference to a broadcast are :

right to re-broadcast the broadcast;

right to cause the broadcast to be heard or seen by the public on payment of any charges;

right to make any sound recording or visual recording of the broadcast;

right to make 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; and

right to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.

What is the term of protection of broadcaster’s rights?

The term of protection for broadcaster’s rights is 25 years.

FOREIGN WORKS

Is copyright of foreign works protected in India?

Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.

Does copyright subsist in a foreign work?

Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order. A list of such countries is at Appendix- IV.

Which are the international copyright conventions of which India is a member?

Copyright as provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring (related) rights:

Berne Convention for the Protection of Literary and Artistic works.

Universal Copyright Convention.

Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.

Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.

Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

COLLECTIVE ADMINISTRATION OF COPYRIGHTS

What is collective administration of copyright?

Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries. From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, though the collective administrative society.

What is a copyright society?

A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.

What are the functions of a copyright society?

A copyright society may:

Issue licences in respect of the rights administered by the society.

Collect fees in pursuance of such licences.

Distribute such fees among owners of copyright after making deductions for the administrative expenses.

Are there any registered copyright societies in India?

Yes. The following are the registered copyright societies in India:

Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018, (for cinematograph and television films).

The Indian Performing Right Society Limited (IPRS), 208, Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (for musical works).

Phonographic Performance Limited (PPL) Flame Proof Equipment Building, B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (for sound recordings).

Is it necessary to obtain licences from more than one society for exploitation of a work?

In many cases, it is necessary to obtain licences from more than one society. For example, playing of the sound recording of music may involve obtaining a licence from the IPRS for the public performance of the music as well as a licence from the PPL for playing the records, if these societies have the particular work in their repertoire.

MORAL RIGHTS

What are the moral rights of an author?

The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic rights are assigned.

Do the author’s moral rights remain after assignment of copyright?

Yes. The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.

Will failure to display a work infringe the moral rights of an author?

No. Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the moral rights of the author.

COPYRIGHT INFRINGEMENTS

Which are the common copyright infringements?

The following are some of the commonly known acts involving infringement of copyright:

Making infringing copies for sale or hire or selling or letting them for hire;

Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;

Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;

Public exhibition of infringing copies by way of trade; and

Importation of infringing copies into India.

Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work?

Yes. If a person permits for profit any place to be used for the communication of a 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, he will be deemed to have committed an offence under the Copyright Act.

What are the civil remedies for copyright infringement?

A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.

Which is the court having jurisdiction over civil remedies in copyright cases?

The District Court concerned has the jurisdiction in civil suits regarding copyright infringement.

What is the proof of the authorship of a work?

Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher appears on copies of the work as published, or, in the case of an artistic work appeared on the work where it was made, the person whose name so appears or appeared shall, in any proceeding in respect of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.

What are the rights of owner over infringing copies and equipments used for making infringing copies?

All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.

What are the remedies in the case of groundless threat to legal proceedings?

Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit -

obtain an injunction against the continuance of such threats; and

recover such damages, if any, as he has sustained by reason of such threats.

Is copyright infringement a criminal offence?

Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.

What are the punishments for a criminal offence under the copyright law?

The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

Is copyright infringement a cognizable offence?

Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.

How are the seized infringing copies or plates disposed off?

The Court may order delivery to the owner of the copyright all such copies or plates.

Who is responsible for copyright offence committed by a company?

Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.

Which court can try copyright offence cases?

No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act.

Can a police officer seize infringing goods without warrant?

Yes. A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.

APPENDICES

Appendix-I

Form IV – Application for Registration of Copyright

The Registrar of Copyrights

New Delhi- 110 001.

Sir,

In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.

I also send herewith completed the Statement of Further Particulars relating to the work.

(For Literary, Dramatic, Musical and Artistic works only)

2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement(s) to other parties concerned, as shown below:

Name and addresses of the parties Date of dispatch

See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e) of the Statement of Further Particulars.)

3. The prescribed fee has been paid, as per details below:-

4. Communications on this subject may be addressed to: -

5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent to as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.

6. I hereby verify that the particulars given in this Form and in the Statement of Particulars and Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Yours faithfully,

Signature by the applicant

List of enclosures:

Place:

Date:

Statement of Particulars

(to be sent in triplicate)

1. Registration No. (to be filled in by the Copyright Office)

2. Name, address & nationality of the Applicant

3. Nature of the Applicant’s interest in the Copyright of the work

4. Class and description of the work

5. Title of the work

6. Language of the work

7. Name, address & Nationality of the Author and if the author is deceased, the date of decease

8. Whether the work is published or unpublished

9. Year and Country of first publication (Name, address and nationality of the publisher)

10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers

11. Names, address and nationalities of the owners of various rights comprising the copyright in the workand the extent of rights held by each, together with the particulars of assignments and licence, if any

12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights

13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).

13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957.

14. Remarks, if any

Signature of the Applicant

Place:
Date:

Statement of Further Particulars

(To be sent in triplicate)

(For Literary, Dramatic, Musical and Artistic works only)

1. Is the work to be registered

an original work?

a translation of a work in the public domain?

A translation of a work in which Copyright subsists?

an adaptation of a work in the public domain?

an adaptation of a work in which Copyright subsists?

2. If the work is a translation or adaptation of a work in which Copyright subsists:

Title of the original work

Language of the original work

Name, address and nationality of the author of the original

work and if the author is deceased, the date of decease

Name, address and nationality of the publisher, if any,

of the original work

Particulars of the authorization for a translation or adaptation

including the name, address and nationality of the party authorizing:

3. Remarks, if any

Signature
Place:
Date:

Instructions for filling up the Statement of Particulars annexed to Form IV for the Registration of Copyrights

Col.3:- State whether the applicant is the author or publisher of the work or whether he/she is the owner assignee or licencee of any right comprising the copyright in the work or whether he has any other interest in the work.

Col.4:- State whether the work is “Literary work” or “Dramatic Work” or “Musical work” or “Computer Software work” or “Artistic Work” or “Cinematograph Film” or “Sound Recording”, [see sub- section (i) of Section 13]. Describe in brief the nature of the work (i.e. Drama, Novel, Biography, Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.)

Col. 5 In regard to a work, a title must be given.

Col. 6 If the work is in more than one language, all the languages should be shown.

Col. 7 For the definition of Author see clause ‘d’ of Section 2. Moreover, irrespective of the personwho gave the ideas or suggestions, the author is the person who has actually drawn or executed the work in question.

Col. 8 For definition of Publication see Section 3 of the Act, and if the work is posthumous work, see sub-section (2) of Section 24.

Col. 9 If a work is published simultaneously in more than one country, state particulars of countries in which it is published and the exact date of publication (and not merely the year of publication) in each country. For meaning of simultaneous publication see section 5.

Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the first publication.

Col.11 For the rights comprising the Copyright, see Section 14. If the rights are owned separately by different persons the rights of each person should be stated separately, including the extent of rights held by each person. In the case of a ‘Cinematograph Film’ or ‘Sound Recording’ also state in full particulars (viz. full names, addresses and nationalities) of the owners of Copyright of the work recorded in the Sound Recording like the composers, lyricists, story writers, etc.

Col. 2 State the Particulars of the persons other than those mentioned in Col. 11, authorized to assign or licence the rights comprising the copyrights, if any.

Col.13 State where and with whom the original work is located. This information is required to be supplied in case of artistic work as defined in Section 2 (c).

Col.13A In case an artistic work is used or is capable of being used in relation to any goods, a Search Certificate from the Trade Marks Registry u/s 45 (1) of the Copyright Act, 1957 as amended from time to time, has to be procured, and enclosed in original with the application for registration of Copyright.

THE APPLICANTS/THEIR LEGAL REPRESENTATIVES MAY VISIT COPYRIGHT OFFICE BETWEEN 2.30 PM AND 4.00 PM ON ANY WORKING DAY.

Second schedule to the Copyright Rules, 1958 (As amended from time to time) enlisting various fee payable under the Copyright Act, 1957.

For a licence to republish a Literary, Dramatic, Musical or Artistic work (Section 31, 31-A and 32-A) Rs. 400/- per work
For licence to republish a Cinematograph Film (Section 31) Rs. 600/- per work
For a licence to republish a sound recording (Section 31) Rs. 400/- per work
For a licence to perform an Indian work in public or to communicate the work to the public by Broadcast (Section 31) Rs. 200/- per work
For an application for a licence to produce and publish a translation of a Literary or Dramatic work in any Language ) (Section 32 & 32-A Rs. 200/- per work
For an application for registration or copyright in a:
Literary, Dramatic, Musical or Artistic work Rs. 50/- per work
Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 400/- per work
For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:-
Literary, Dramatic, Musical or Artistic work Rs. 50/- per work
Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 200/- per work
For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 600/- per work
For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 400/- per work
For an application for registration of copyright in a Sound Recording (Section 45) Rs. 400/- per work
For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) Rs. 200/- per work
For taking extracts from the indexes (Section 47) Rs. 20/- per work
For taking extracts from the Register of Copyrights (Section 47). Rs. 20/- per work
For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 20/- per work
For a certified copy of any other public document in the custody of the Register of Copyright or the Copyright Board Rs. 20/- per work
For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 400/- per work

Appendix -II

Composition of Copyright Enforcement Advisory Council

Chairman

Additional Secretary, Department of Education, Ministry of Human Resource Development (Ex-officio)

Vice-Chairman

Joint Secretary in-charge of Book Promotion and Copyright Division, Department of Education (Ex-officio)

Members

Joint Secretary (Films), Ministry of Information & Broadcasting (Ex-officio)
Joint Secretary, Department of Electronics (Ex-officio)
Director General of Police, Government of Uttar Pradesh
Director General of Police, Government of Andhra Pradesh
Director General of Police, Government of Gujarat
Director General of Police, Government of Punjab
Director General of Police, Administration of Chandigarh
Representative of the Federation of Indian Publishers, New Delhi.
Representative of Authors’ Guild of India, New Delhi.
Representative of the Federation of Publishers’ and Booksellers’ Associations in India, New Delhi.
Representative of Film Federation of India, Mumbai
Representative of National Association of Software Service Companies, New Delhi
Representative of Phonographic Performance Limited, Mumbai.
Representative of Indian Performing Right Society Ltd., Mumbai
Representative of Cine Artistes Association, Mumbai

Appendix -III

Composition of Copyright Board

Chairman

Mr.S. Ramaiah
(Former Law Secretary to the Government of India)

Member

Joint Secretary-in-charge of Copyrights Ministry of Human Resource Development Department of Secondary Education and Higher Education, Government of India

Joint Secretary and Legal Adviser in the Ministry of Law, Justice and Company Affairs) dealing with Department of Secondary Education and Higher Education, Government of India

Law Secretary, Government of Kerala

Law Secretary, Government of Karnataka

Law Secretary, Government of Rajasthan

Law Secretary, Government of West Bengal

Law Secretary, Government of Meghalaya

Law Secretary, Government of Maharashtra

Law Secretary, Government of Uttar Pradesh

Law Secretary, Government of Madhya Pradesh

Appendix-IV
List of Countries included in the International Copyright Order, 1999
I. Berne Convention Countries which have ratified/accepted/acceded to the 1971 Text of the Convention

Albania, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belarus, Benin, Bolivia, Bosnia & Herzogovina, Botswana, Brazil, Bulgaria, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Costa Rica , Cote d’Ivoire, Croatia , Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras ,Hungary, Iceland, Indonesia, Italy, Jamaica, Japan, Kenya, Latvia, Lesotho, Liberia, Libya, Lithuania , Luxembourg, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Namibia, Netherlands, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russian Federation, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname ,Sweden, Switzerland, Thailand, The Former Yugoslavia Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Venezuela, Yugoslavia, Zambia, Zimbabwe (Total – 116 Countries)

II. Berne Convention Countries which are yet to ratify/accept/accede to the 1971 Text of Convention

Belgium,Canada,Chad,Fiji,Ireland,Israel,Lebanon,Liechtenstein,Madagascar,New Zealand,Pakistan,Romania

III. Universal Copyright Convention Countries which have Ratified/Accepted/Acceded to the 1971 Text of the Convention Convention

Algeria, Australia, Austria, Bahamas, Bangladesh, Barbados, Bolivia, Bosnia &Herzegovina, Brazil, Bulgaria, Cameroon, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Guinea, Holy see , Hungary, Italy, Japan, Kenya, Mexico, Monaco, Morocco, Netherlands, Niger, Norway, Panama, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Rwanda, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Tunisia, United Kingdom, United States of America, Uruguay, Yugoslavia,

IV. Universal Copyright Convention Countries which are yet to Ratify/Accept/Accede to the 1971 Text of the Convention

Andorra, Argentina, Belarus, Belgium, Belize, Cambodia, Canada, Chile, Cuba, Fiji, Ghana, Greece, Guatemala, Haiti, Iceland, Ireland, Israel, Kazakhistan, Lao People’s, Lebanon, Liberia, Liechtenstein, Luxembourg, Malawi, Malta, Mauritius, New Zealand, Nicaragua, Nigeria, Pakistan, Paraguay, Philippines, Tajikistan, Ukraine, Venezuela, Zambia Democratic Republic

V. Phonograms Convention Countries

Argentina, Australia, Austria, Barbados, Brazil, Bulgaria, Burkina Faso, Chile, China, Colombia, Costa Rica, Cyprus, Czech Republic, Democratic Republic of Congo, Denmark, Ecuado, Egypt, El Salvador, Fiji, Finland, France, Germany, Greece, Guatemala, Holy See , Honduras, Hungary, Israel, Italy, Jamaica, Japan, Kenya, Latvia, Luxembourg, Mexico, Monaco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Republic of Korea, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, United Kingdom,
United States of America, Uruguay, Venezuela,

VI. Countries Members of the World Trade Organization

Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain,Bangladesh, Barbados,Belgium, Belize,Benin,Bolivia, Botswana, Brazil, Brunei, Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Cote d’Ivoire, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, European Community, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guatemala , Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Korea, Kuwait, Lesotho, Liechtenstein, Luxembourg, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Singapore, Slovak Republic, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Tanzania, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Kingdom, United States of America, Uruguay, Venezuela, Zambia, Zimbabwe

——————————————————————————–

COPYRIGHT RULES, 1958

Legal India — Fri, 29 May 2009 10:40:53 +0000

CHAPTER I
PRELIMINARY

Short title, extent and commencement.
1. (1) These rules may be called the Copyright Rules, 1958.
(2) They extend to the whole of India.
(3) They shall come into force on the date on which the Act comes into force.
2. Interpretations. – In these rules, unless the context otherwise requires,-
(a) “Act” means the Copyright Act, 1957 (14 of 1957);
(aa) “copyright business” means the business of issuing or granting licence in respect of
any class of works in which copyright or any other right conferred by the Act
subsists, and includes the functions referred to in sub-section (3) of section 34;
(b) “Form” means a form set out in the First Schedule;
(c) “Schedule” means Schedule to these rules; and
(d) “Section” means a section of the Act.

CHAPTER II
THE COPYRIGHT BOARD

3. Terms and conditions of office of the Chairman and members of the Copyright
Board. — (1) The Chairman and other members of the Copyright Board shall be
appointed for such period not exceeding five years as the Central Government may in
each case deem fit.
(2) The Chairman and other members of the Copyright Board shall, on the expiry of the
period of their appointment, be eligible for re-appointment.
(3) The Chairman or any other member of the Copyright Board may resign his office by
giving three months’ notice in writing to the Central Government.
(4) The Chairman and other members of the Copyright Board shall be paid such salary or
honorarium as may be determined by the Central Government in each case.
(5) A non-official appointed as the Chairman or other members of the Copyright Board
shall be entitled to travelling allowances for journeys performed on duty and to daily
allowances for the period on duty on the scale provided in the rules applicable to the class
of officers to which the Central Government may declare him to correspond in status :
Provided that it shall be competent for the Central Government to provide a different
scale of such allowances if the circumstances of any case so require.
(6) An official appointed as the Chairman or other members of the Copyright Board shall
be entitled to such travelling allowances for journeys performed on duty and to such daily
allowances for the period spent on duty as may be admissible to him as such official.
(7) The other conditions of service of the Chairman and other members of the Copyright
Board shall be regulated by orders made in that behalf by the Central Government from
time to time.
4. Functions of the Secretary of the Copyright Board. – The registrar of Copyrights
shall perform all secretarial functions relating to the Copyright Board under the direction
and control of the Chairman of the Copyright Board.

CHAPTER III
RELINQUISHMENT OF COPYRIGHT
5. Notice of relinquishment. -The author of a work desiring to relinquish under section
21 all or any of the rights comprised in the copyright in the work shall give notice to the
Registrar of Copyright in accordance with Form I.
CHAPTER IV
LICENCES FOR TRANSLATIONS
6. Application for licence. – (1) An application for a licence under section 32 to
produce and publish a translation of a literary or dramatic work in any language shall be
made in triplicate in accordance with Form 11 and shall be accompanied by the fee
prescribed in Second Schedule.
(2) Every such application shall be in respect of one work only and for translation of that
work into one language only.
7. Notice of application. – (1) When any such application has been made, the
Copyright Board shall, as soon as possible, give notice of the application in the Official
Gazette and also, if the Copyright Board thinks fit, in one or two newspapers and shall
send a copy of the notice to the owner of the Copyright, wherever practicable.
(2) Every such notice shall contain the following particulars :
(a) the date of the application;
(b) the name, address and nationality of the applicant;
(c) particulars of the work which is to be translated;
(d) the date and country of the first publication of the work;
(e) the name, address and nationality of the owner of the Copyright as stated in the
application;
(f) the language in which the work is to be translated; and
(g) the Registration number of the work in the Register of Copyrights, if any.
8. Consideration of the application. – (1) The Copyright Board shall consider the
application after the expiry of not less than one hundred and twenty days from the date of
the publication of the notice in the Official Gazette.
(2) The Copyright Board shall give an opportunity to the applicant and also, wherever
practicable to any person claiming any interest in the Copyright of the work, to be heard
and may take such evidence in respect of the application as it thinks fit.
(3) If more than one application for translation of the work in the same language is
pending before the Copyright Board at the expiry of one hundred and twenty days after
the publication in the Official Gazette of the notice of the application first received, all
such applications shall be considered together.
(4) If the Copyright Board is satisfied that the licence for a translation of the work in the
language applied for may be granted to the applicant or, if there are more applicants than
one to such one of the applicants as, in the opinion of the Copyright Board, would best
serve the interests of the general public, it shall grant a licence accordingly.
(5) Every such licence shall be subject to the condition provided in sub-section (4) of
section 32 relating to the payment of royalties and shall specify-
(a) the period within which the translation shall be produced and published;
(b) the language in which the translation shall be produced and published;
(c) the rate at which royalties in respect of the copies of the translation of the work sold
to the public shall be paid to the owner of the copyright in the work; and
(d) the person or persons to whom such royalties shall be payable.
(6) The grant of every such licence shall, as soon as possible, be notified in the Official
Gazette and in the newspapers, if any, in which the notice under rule 7 was published and
a copy of the licence shall be sent to the other parties concerned.
9. Manner of determining royalties. -The Copyright Board shall determine the
royalties payable to the owner of the copyright under sub-section (4) of section 32 after
taking into consideration-
(a) the proposed retail price of a copy of the translation of the work;
(b) the prevailing standards of royalties in regard to translation of works; and
(c) such other matters as may be considered relevant by the Copyright Board.
10. Extension of the period of licence. -The Copyright Board may, on the application
of the licensee and after notice to the owner of the copyright, wherever practicable, if it is
satisfied that the licensee was for sufficient reasons unable to produce and publish the
translation within the period specified in the licence, extend such period.
11. Cancellation of licence. -The Copyright Board may, after giving the licensee an
opportunity of being heard, cancel the licence on any of the following grounds,
namely:-
(a) that the licensee has failed to produce and publish the translation within the time
specified in the licence or within the time extended on the application of the
licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any of the terms and conditions of the licence.
CHAPTER IV-A
COMPULSORY LICENCE FOR PUBLICATION OF UNPUBLISHED
WORKS, TRANSLATION AND REPRODUCTION OF WORK

11A. Application for licence. -An application for a licence under section 31A, subsection
(1A) of section 32 and section 32A to publish any unpublished work or to
translate any work in any language or to reproduce any published work shall be made in
triplicate in accordance with Form II-A and shall be accompanied by the fee prescribed in
the Second Schedule.
11B. Every such application shall be in respect of one work only and in respect of
translation of a work into one language only.
11C. Notice of application. – (1) A copy of such application shall be served by
registered mail on the owner of copyright and if the owner of such copyright is not
known or is not traceable, a copy of the application shall be served on the publisher
whose name appears on the work.
(2) The Copyright Board shall give an opportunity to the applicant and also, wherever
practicable, to any person claiming any interest in the copyright of the work, to be heard
and may take such evidence in respect of the application as it thinks fit.
(3) If more than one application for translation of the work in the same language or for
reproduction of the work or for publication of any unpublished work is pending before
the Copyright Board, all such applications shall be considered together.
(4) If the Copyright Board is satisfied that the licence for a translation of the work in the
language or for reproduction of the work or for publication of unpublished work, applied
for may be granted to the applicant, or if there are more applicants than one, to such one
of the applicants, as in the opinion of the Copyright Board, would best serve the interest
of the general public, it shall grant a licence accordingly.
(5) Every such licence shall be subject to the conditions provided in sub-section (7) of
section 31A, clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of
section 32A relating to payment of royalties and shall specify :-
(a) the period within which such work shall be published;
(b) the rate at which royalties in respect of the copies of such work sold to the public
shall be paid to the owner of the copyright in the work;
(c) in a case of translation of the work, the language in which the translation shall be
produced and published; and
(d) the person or persons to whom such royalties shall be payable.
(6) The grant of every such licence shall, as soon as possible, be notified in the Official
Gazette and a copy of the licence shall be sent to the other parties concerned.
11D. Manner of determining royalties. -The Copyright Board shall determine the
royalties payable to the owner of the copyright under sub-section (7) of section 31A,
clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of section 32A
after taking into consideration :
(a) the proposed retail price of a copy of such work;
(b) the prevailing standards of royalties in regard to such works; and
(c) such other matters as may be considered relevant by the Copyright Board.
11E. Extension of the period of licence.-The Copyright Board may, on the application
of the licensee and after notice to the owner of the copyright, wherever practicable, if it is
satisfied that the licensee was for sufficient reasons unable to produce and publish the
translation or reproduce the work or publish the unpublished work within the period
specified in the licence, extend such period.
11F. Cancellation of licence. -The Copyright Board may, after giving the licensee an
opportunity of being heard, cancel the licence on any of the following grounds,
namely:-
(a) that the licensee has failed to produce and publish such work within the time
specified in the licence or within the time extended on the application of the
licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any of the terms and conditions of the licence.
11G. Notice for termination of licence. -Notice for termination of licence under
proviso to sub-section (1) or sub-section (2) of section 32-B shall be served on the person
holding the licence by the owner of copyright in Form II-B of the First Schedule to these
rules

.
CHAPTER V
COPYRIGHT SOCIETIES
12. Conditions for submission of applications for registration of copyright
societies. – (1) Any association of persons, whether incorporated or not, comprising
seven or more owners of copyright (hereinafter referred to as “the applicant”) formed for
the purpose of carrying on the business of issuing or granting licences in respect of any
class of works in which copyright subsists or in respect of any other right conferred by
the Act may file with the Registrar of Copyrights an application in Form II-C for
submission to the Central Government for grant of permission to carry on such business
and for its registration as a copyright society.
(2) An application under sub-rule (1) shall be signed by all the members of the governing
body (by whatever name called) and the chief executive of the applicant (who need not
be a member of the applicant).
13. Application for registration by performing right societies. -
A performing right society functioning in accordance with the provisions of section 33 on
the date immediately before the coming into force of the Copyright (Amendment) Act,
1994 (38 of 1994) and desirous of carrying on the business as a copyright society under
the Act shall submit an application in Form II-C to the Registrar of Copyrights as early as
possible but not later than ten months from the date of commencement of the said Act.
14. Conditions for grant of permission to carry on copyright business. -An
applicant including a performing right society referred to in rule 13 for registration of it
as a copyright society shall not be eligible to be considered for such registration unless-
(i) the instrument by which the applicant is established or incorporated creates a
commitment on it to deal with only copyright business and other activities ancillary
thereto; and
(ii) the applicant is willing to comply with the provisions of the Act and the rules made
thereunder.
Explanation : In this rule, and in rule 14A, “instrument” means the memorandum and
articles of association.
14A. Documents accompanying applications. -Every application made under rule 12
or rule 13 shall be accompanied by-
(a) a true copy of the instrument by which the applicant is established or incorpo-rated ;
(b) the consent in writing of the individuals named in the application to act as members
of the governing body (by whatever name called) of the applicant;
(c) a declaration containing the objectives of the applicant, the bodies through which it
will function and arrangements for accounting and auditing;
(d) an undertaking to the effect that the instrument by which the application is
established or incorporated provides for conforming the same to the provisions of
the Act and these rules.
14B. Conditions for registration of a copyright society. – (1) When an application for
registration is submitted to the Central Government through the Registrar of Copyrights,
that Government may, within sixty days from the date of its receipt by the Registrar of
Copyrights either register the applicant as a copyright society or, if -
(i) the applicant has no professional competence to carry on its business or has not
sufficient funds to manage its affairs; or
(ii) there exists another copyright society registered under the Act for administering the
same class of works and it is functioning well; or
(iii) the Central Government has reason to believe that the members of the applicant are
not bona fide copyright owners or they have not voluntarily signed the instrument
setting up the applicant and the application for registration ; or
(iv) the application is found to be incomplete in any respect, reject the application :
Provided that no such application shall be rejected without giving the applicant an
opportunity of being heard.
(2) Upon the registration of a copyright society by the Central Government, the Registrar
of Copyrights shall issue a certificate of registration in Form II-D under his hand and
seal.
(3) On and from the date of its registration as specified in the certificate of registration,
the copyright society shall be entitled to commence and carry on the permitted copyright
business in the name by which it has been so registered.
14C. Procedure for holding inquiry. -If the Central Government, on a complaint of
the Registrar of Copyrights or of any owner of rights, has reason to believe that a
copyright society is being managed in a manner detrimental to the interests of the owners
of rights concerned, it may, after making an inquiry in the following manner, cancel or
suspend the registration of the copyright society made under these rules, namely :-
(i) The Central Government shall provide a copy of the complaint to the society and
require the society to submit within such time as may be specified by the Central
Government a written statement of its defence and to state whether it desires to be
heard.
(ii) If, after considering the written statement furnished by the society, the Central
Government is satisfied that a prima facie case is established, it shall order an
inquiry into the allegations and appoint an inquiry officer not below the rank of a
Deputy Secretary to the Government of India for holding the inquiry.
(iii) On being appointed as such, the inquiry officer shall conduct the inquiry having
regard to the principles of natural justice.
(iv) The inquiry officer may, if he considers it necessary, engage a chartered accountant
or an audit officer in the office of the Comptroller and Auditor-General of India to
assist him in the inquiry. The concerned copyright society shall render all assistance
and shall make available all such documents as may be called for by the inquiry
officer to enable him to complete the inquiry within a period of three months or such
further time as may be allowed by the Central Government.
(v) If, according to the findings of the inquiry officer, the complaints against the
copyright society are found to be true or if the society fails to cooperate with the
inquiry officer, the Central Government shall cancel the registration of the copyright
society.
14D. Suspension of registration and appointment of administrator. -If, pending
inquiry under sub-section (4) of section 33, the Central Government is of the opinion that
in the interests of the owners of rights concerned, it is necessary so to do, it may, by
order, suspend the registration of the society for a period not exceeding one year, as may
be specified in that order and shall appoint an administrator to discharge the functions of
the copyright society.
14E. Powers and functions of the administrator. – (1) On appointment of the
administrator referred to in rule 14D under sub-section (5) of section 33, all powers of the
copyright society shall vest in him and all other representative bodies or committees of
the copyright society other than the general body shall stand dissolved.
(2) The administrator shall, within six months before the expiry of the period of
suspension, arrange election for reconstituting the dissolved bodies failing which, the
bodies so superseded shall stand revived at the end of the period of suspension for their
remaining term, excluding the period of suspension.
14F. Cancellation of registration of a copyright society. -The registration of a
copyright society as such may be cancelled by the Central Government if -
(a) any of the particulars furnished in the application for registration is, at any time,
found to be untrue or incorrect and misleading in any manner;
(b) after holding an inquiry by an officer duly appointed by the Central Government and
giving the copyright society a reasonable opportunity of being heard, the Central
Government is satisfied that the copyright society is being managed in a manner
detrimental to the interests of the owners of rights concerned or if the copyright
society persistently fails to manage its affairs properly or if it persistently fails to
properly maintain its accounts and get them audited or it utilises its funds for
purposes other than the copyright business.
14G. Conditions subject to which a copyright society may accept authorisation and
an owner of rights may withdraw such authorisation. – (1) A copyright society may
accept from an owner of rights or his duly authorised agent, exclusive authorisation to
administer any right in a work if such owner or such agent enters into an agreement, in
writing, with the copyright society specifying the rights to be administered, the duration
for which such rights are authorised to be administered, the quantum of fees agreed to
and the frequency at which such fees shall be paid by the copyright society in accordance
with its Scheme of Tariff and Distribution.
(2) The owner of copyrights shall, without prejudice to the rights under the agreement
and subject to the condition of a prior notice of sixty days, be free to withdraw such
authorisation in case the copyright society fails to fulfil its commitments as laid down in
the agreement.
14H Conditions subject to which a copyright society may issue licences, collect fees
and distribute such fees. -. (1) A copyright society may issue licences and collect fees
in accordance with its Scheme of Tariff in relation to only such works as it has been
authorised to administer in writing by the owners of rights and for the period for which it
has been so authorised.
(2) The distribution of fees collected shall be subject to a deduction not exceeding fifteen
per cent of the collection on account of administrative expenses incurred by the copyright
society.
14-I. Procedure for obtaining approval of owners of rights for collection and
distribution of fees, etc. -Every copyright society shall maintain the following registers
at its registered or administrative office :
(i) A register of owners of copyright and other rights to be called the “Register of
Owners” in respect of which the copyright society has been authorised by the
owners to issue or grant licences. The register shall contain the names of the owners,
their addresses, the nature of rights authorised to be administered by the copyright
society, date of publication of the work, the date on which the copyright society
becomes entitled to and the duration of such right.
(ii) A register to be called the “Register of Agreements” containing a copy of every
agreement entered into by the copyright society with the owners for the purpose.
(iii) A register to be called the “Register of Fees” containing particulars of fees and
mentioning the name of persons or organisations from whom the fees have been
realised, the amount so realised and the date of realisation.
(iv) A register to be called the “Disbursement Register” containing details of
disbursements made to each owner of copyright, category-wise, mentioning the
name of the owner, nature of his copyright and the date and amount of disbursement
made to him.
14J. Tariff Scheme. -As soon as may be, but in no case later than three months from
the date on which a copyright society has become entitled to commence its copyright
business, it shall frame a scheme of tariff to be called the “Tariff Scheme” setting out the
nature and quantum of fees or royalities which it proposes to collect in respect of such
copyright or other rights administered by it.
14K. Distribution Scheme. – (1) As soon as may be, but in no case later than three
months from the date on which a copyright society has become entitled to commence its
copyright business, it shall frame a scheme to be called the “Distribution Scheme” setting
out the procedure for collection and distribution of the fees or royalities specified in the
Tariff Scheme among the owners of copyright or other rights whose names are borne on
its Register of Owners [maintained under clause (i) of rule 14-I for the approval of such
owners.
(2) Any distribution under the Distribution Scheme shall, as far as possible, be in
proportion to the income of the copyright society from actual use of the work or works of
each owner of rights.
14L. Meeting of a copyright societies. - (1) As soon as the Tariff Scheme and the
Distribution Scheme have been prepared, the copyright society shall call a general
meeting of the owners of rights whose names are recorded in the Register of Owners to
approve the same.
(2) A notice of not less than twenty-one clear days shall be given to every such owner of
rights of the meeting and a copy each of the proposed Tariff Scheme and Distribution
Scheme shall be annexed to the notice.
(3) The notice under sub-rule (2) shall specify that any owner of rights who objects to the
Tariff Scheme or Distribution Scheme shall be entitled to withdraw the authorisation
given to the copyright society to administer any right in his work.
(4) The copyright society shall keep a record of the owners of rights who have given their
approval and those who have objected thereto.
(5) Approval by owners of rights for the Scheme shall be by a majority of such owners
present in person.
(6) The quorum for a general meeting shall be one-third of the members.
(7) The copyright society shall not amend an approved Tariff Scheme or Distribution
Scheme except with the consent of the owners obtained at a subsequent general meeting
called for the purpose.
14M. Accounts and audit. - (1) Every copyright society shall maintain proper accounts
of the fees and royalties collected in a financial year, payments made out of such
collections to the owners of rights and other expenditure incurred for meeting
administrative expenses and related matters with the approval of the owners of rights:
Provided that a copyright society shall not spend more than fifteen per cent of its
collection towards its administrative expenses.
(2) Every copyright society shall get its accounts audited by a chartered accountant
annually.
14N. Annual general meeting of owners of rights. - (1) Every copyright society shall,
within a period of twelve months from the holding of a meeting in pursuance of sub-rule
(1) of rule 14L, hold a general meeting of owners of rights, herein called the annual
general meeting of owners :
Provided that a special meeting of the owners of rights may also be held, if considered
necessary.
(2) The meeting of owners of rights shall be held in the town or city in which its
registered or administrative office is situated and the notice calling the meeting shall
specify the time, date and address of the venue of the meeting.
14-O. Documents to be presented in the annual general meeting of owners of rights.
-
Every copyright society shall place before its annual general meeting the following
documents, namely :-
(i) an up-to-date list of the owners of rights, their names and addresses as recorded in
the Register of Owners maintained by the copyright society, as provided in sub-rule
(1) of rule 14-I;
(ii) audited accounts of the society for the previous year;
(iii) the Tariff Scheme ;
(iv) the Distribution Scheme ;
(v) a statement approved by its governing body (by whatever name called) setting out a
full and detailed account of all its activities during the previous years; and
(vi) details of budget estimates for the succeeding year and a programme of action for
the succeeding year.
14P. Returns to be filed by the copyright societies with the Registrar of
Copyrights. -Every copyright society shall file a return called the annual return with
the Registrar of Copyrights within one month from the conclusion of each annual general
meeting of owners setting out the following details, namely :-
(i) the date of the annual meeting of owners held immediately preceding the filing of
the annual return, the number of owners who attended the meeting in person or by
proxy, and the minutes of such meeting ;
(ii) the up-to-date list of the owners of rights, their names and addresses as recorded in
the Register of Owners maintained by the copyright society, as provided in rule 14-I;
(iii) audited accounts of the copyright society ;
(iv) the Tariff Scheme ;
(v) the Distribution Scheme ; and
(vi) a statement approved by its governing body or Board of directors setting out a full
and detailed account of all its activities during the year in relation to the rights of the
owners.
CHAPTER VI
REGISTRATION OF COPYRIGHT
15. Form of Register of Copyrights. - (1) The Register of Copyrights shall be
kept in six parts as follows :-
Part I - Literary works other than computer programmes, tables and compilations
including computer data bases and dramatic works.
Part II - Musical works
Part III - Artistic works
Part IV - Cinematograph films
Part V - Sound recordings
Part VI - Computer programmes, tables and compilations including computer data bases.
(2) The Register of Copyrights shall contain the particulars specified in Form III.
16. Application for Registration of Copyright. - (1) Every application for registration
of copyright shall be made in accordance with Form IV and every application for
registration of changes in the particulars of copyright entered in the Register of Copyright
shall be made in accordance with Form V.
(2) Every such application shall be in respect of one work only, shall be made in triplicate
and shall be accompanied by the fee specified in the Second Schedule in this behalf.
(3) The person applying for registration shall give notice of his application to every
person who claims or has any interest in the subject-matter of the copyright or disputes
the rights of the applicant to it.]
(4) If no objection to such registration is received by the Registrar of Copyrights within
thirty days of the receipt of the application by him, he shall, if satisfied about the
correctness of the particulars given in the application, enter such particulars in the
Register of Copyrights.
(5) If the Registrar of Copyrights receives any objections for such registration within the
time specified in sub-rule (4), or, if he is not satisfied about the correctness of the
particulars given in the application, he may, after holding such inquiry as he deems fit,
enter such particulars of the work in the Register of Copyrights as he considers proper.
(6) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a
copy of the entries made in the Register of Copyrights to the parties concerned.
17. Correction of entries in the Register of Copyrights. -
The Registrar of Copyrights may, on his own motion or on application of any interested
person, amend, or alter the Register of Copyrights in the manner specified in section 49
after giving, wherever practicable, to the person affected by such amendment or
alteration, an opportunity to show cause against such amendment or alteration, and
communicate to such person the amendment or alteration made.
18. Indexes. -
(1) There shall be kept at the Copyright Office the following indexes for each part of the
Register of Copyrights, namely:-
(i) a general Author Index;
(ii) a general Title Index;
(iii) an Author Index of works in each language; and
(iv) a Title Index of works in each language.
(2) Every Index shall be arranged alphabetically in the form of cards.
19. Inspection of the Register of Copyrights and Indexes. -
The Register of Copyrights and Indexes thereof shall at all reasonable time be open to
inspection by any person in such manner and subject to such conditions as the Registrar
of Copyrights may specify.
20. Copies and extracts of the Register of Copyrights and Indexes. -
(1) Any person shall be entitled to take copies of, or make extracts from, the Register of
Copyrights or Indexes on payment of the fee specified in the Second Schedule subject to
such supervision as the Registrar of Copyrights may arrange.
(2) The Registrar of Copyrights shall, on an application made in that behalf and on
payment of the fee specified in the Second Schedule, furnish a certified copy of any
entries made in the Register of Copyrights and Indexes thereof

.
CHAPTER VII
MAKING OF SOUND RECORDINGS
21. Making of sound recordings-
(1) Any person intending to make sound recording under clause (j) of sub-section (1) of
section 52 shall give a notice of such intention to the owner of the copyright and to the
Registrar of Copyrights at least fifteen days in advance of making of the sound recordings
and shall pay to the owner of the copyright, along with the notice, the amount of
royalities due in respect of all the sound recordings to be made at the rate fixed by the
Copyright Board in this behalf and provide copies of all covers and labels with which the
sound recordings are to be sold.
(2) Such notice shall contain the following information, namely:-
(a) the particulars of the work in respect of which sound recording are to be made;
(b) alterations, if any, which are proposed to be made for the adaptation of the work to
the sound recording;
(c) the name, address and nationality of the owner of the copyright in the work;
(d) particulars of the sound recording made previously recording the work;
(e) the number of sound recording intended to be made; and
(f) the amount paid to the owner of the copyright in the work by way of royalties and
the manner of payment

.
CHAPTER VIII
IMPORTATION OF INFRINGING COPIES
22. Importation of infringing copies. -Every application, under sub-section (1) of
section 53 shall be made in accordance with Form VI and shall be accompanied by the
fee specified in the Second Schedule.
23. Procedure for examination of infringing copies. -The Registrar of Copyrights or
the person authorised by him in this behalf shall, in taking action under sub-section (2) of
section 53, act in collaboration with customs authorities

.
CHAPTER IX
MISCELLANEOUS
24. Mode of making applications, etc. -
Every application, notice, statement or any other document to be made, given, filed or
sent under the Act or under these Rules may, unless otherwise directed by the authority
concerned, be sent by hand or pre-paid registered post.
25. Mode of communication by the Copyright Board, etc. -
Every written intimation from the Copyright Board, the Copyright Office or the Registrar
of Copyrights shall be deemed to have been duly communicated to any person if such
intimation is sent to the known address of such person by pre-paid registered post.
26. Fees. -
(1) The fees payable under the Act in respect of any matter shall be as specified in the
Second Schedule.
(2) The fees may be paid to the Registrar of Copyrights, New Delhi, by a postal order or a
bank draft issued by a Scheduled Bank as defined in the Reserve bank of India Act, 1934,
or by deposit into a Government Treasury or a branch of the Reserve Bank of India or the
State Bank of India under the head of account : Major Head-”XLVI-Miscellaneous”,
Minor Head- “Naturalisation, Passport and Copyright Fees”.
(3) Postal orders and bank drafts shall be crossed and drawable in New Delhi.
(4) Payment by bank drafts shall not be valid unless the amount of bank commission is
included therein.
(5) Where payment is made by deposit in a Government Treasury or a branch of the
Reserve Bank of India or the State Bank of India, the challan evidencing the payment
shall be sent to the authority concerned by pre-paid registered post.
27. Right of audience. -
In any proceedings before the Copyright Board or the Registrar of Copyrights any party
may appear and be heard either in person or by a pleader or other person duly authorised
by such party.
28. Costs. -
The cost of, and incidental to, the proceedings before the Copyright Board or the
Registrar of Copyrights shall be in the discretion of the Copyright Board or the Registrar
of Copyrights, as the case may be.
FIRST SCHEDULE
FORM I
Notice of Relinquishment of Copyright
[See rule 5]
To
The Registrar of Copyrights,
Copyright Office,
New Delhi.
Sir,
In accordance with section 21 of the Copyright Act, 1957 (14 of 1957), I hereby give
notice that, with effect from the date of this notice, I do relinquish, to the extent specified
in the enclosed affidavit, my rights in the work described in the said affidavit.
Yours faithfully,
Place…………
Date……………
(Signature)
Form of Affidavit referred to above
I,…………………………………………………………………………………………………………………………..
………………………………, of
(full name in block letters)
……………………………………………………………………………………………………………………………..
……………….. do hereby or
(address)
solemnly affirmation state that-
(1) I am the author of the work described in the statement below;
(2) I am the owner of the copyright in the said work to the extent specified in the said
statement; and
(3) I do hereby relinquish my rights in the said work to the extent specified in the said
statement :
STATEMENT
Description of the work :
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film,
Record).
(b) Title of the works.
(c) Full name, address and nationality of the author.
(d) Language of the work.
(e) Name, address and nationality of the publisher.
(f) Year of first publication.
(g) Country of first publication.
(h) If the copyright in the work is regstered under section 45, the Registration number.
2. Rights owned by the deponent on the date of the affidavit.
(If the rights are owned jointly with others, state names, addresses and nationalities of the
joint owners.)
3. Extent to which rights are relinquished.
4. Reasons for reliquishment of the rights.
(The information given here will be kept strictly confidential).
5. Remarks, if any.
Place……………
Date……………. (Signature)
Solemnly affirmed before me by
…………………………………………………………………………………………………………………………
who is known to me personally/
(name of deponent in block letters)
who is identified to me
by………………………………………………………………………………………………………………………….
……../
(name of identifier in block letters)
who is known to me personally.
Place…………….
Date……………..
(Signature and seal of the
Magistrate)

FORM II
Application for a licence for translation
[See rule 6]
(To be submitted in triplicate)
To
The Registrar of Copyrights/Secretary,
Copyright Board,
Copyright Office,
New Delhi.
Sir,
In accordance with section 32 of the Copyright Act, 1957 (14 of 1957), I hereby apply to
the Copyright Board for a licence to produce and publish a translation of the work in
accordance with the particulars given in the enclosed statement.
2. I hereby undertake to abide strictly by the terms and conditions of the licence, if
granted to me.
Yours faithfully,
Place………
Date……….
(Signature)
STATEMENT
1. Full name of the applicant…………………………………………………………………………………..
(in block letters)
2. Full address and nationality of the applicant.
3. Telegraphic address, if any.
4. Description of the work :
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film,
Record).
(b) Title of the work.
(c) Full name, address and nationality of the author and if the author is deceased, the
date of his decease.
(d) Language of the work.
(e) Name, address and nationality of the publisher.
(f) Year of first publication.
(g) Country of first publication.
(h) Price of a copy of the work.
(i) If the copyright in the work is registered under section 45, the Registration number.
5. Language into which the work is proposed to be translated.
6. Full name, qualifications and address of the translator.
7. Qualification of the applicant to produce and publish the translation.
8. Number of copies of the translation proposed to be published.
9. Estimated cost of production and publication of the translation.
10. Proposed retail price per copy of the translation.
11. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.
12. Means of the applicant for payment of the royalty.
13. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal
Order/Bank Draft/Treasury challan number).
14. (a) Full name, address and nationality of the person competent to issue a licence for
translation.
(b) Whether the applicant was able to find the said person.
(c) Whether the applicant had requested and had been defined authorisation by the said
person to produce and publish the translation.
(d) If the applicant was unable to find that owner, whether he had sent a copy of the request
for authorisation to the publisher. If so, the date on which the copy was sent.
15. Whether the author of the work has withdrawn from circulation copies of the work.
16. (a) Whether a translation in the same language has been published before.
(b) Whether the earlier translation is out-of-print.
(c) Full name, address and nationality of the earlier translator and, if the said translator is
deceased, the date of his decease.
(d) Title of the earlier translation.
(e) Full name, address and nationality of the publisher of the earlier translation.
(f) Year of publication.
(g) Price per copy of the earlier translation.
(h) If the earlier translation is registered under section 45, the Registration number.
(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier
translation, if known.
17. (a) Whether translation has been made into any language other than the language stated in 5
above.
(b) Full name, address and nationality of the translator and, if the said translator is deceased,
the date of his decease.
(c) Title of the translation.
(d) Language of the translation.
(e) Full name, address and nationality of the publisher of the translation.
(f) Year of publication.
(g) Price per copy of the translation.
(h) If the translation is registered under section 45, the Registration number.
(i) Rate and amount of royalty paid to the copyright owner, if known.
18. Remarks, if any.
19. List of enclosures.
Place…………
Date………….
(Signature)
FORM II-A
Application for a licence for publication/translation/reproduction
[See Rule 11A]
(To be submitted in triplicate)
To
The Registrar of Copyrights/Secretary,
Copyright Board,
Copyright Office,
New Delhi.
Sir,
1. In accordance with section 31/32/32A of the 2[Copyright Act, 1957 (14 of 1957)], I
hereby apply to the Copyright Board for a licence to publish an unpublished Indian work,
or reproduce a published work or to translate a work in accordance with the particulars
given in the enclosed Statement.
2. I hereby undertake to abide strictly by the terms and conditions of the licence, if
granted to me.
3. I hereby verify that the particulars given in this form are true to the best of my
knowledge, belief and information and nothing has been concealed therefrom.
Place………..
Date…………
Yours
faithfully,
(Signature)
STATEMENT
1. Full name of the applicant………………………………………………………………………………..
(In block letters)
2. Full address and nationality of the applicant.
3. Telegraphic address, if any.
4. Description of the work :
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film,
Record).
(b) Title of the work.
(c) Full name, address and nationality of the author and if the author is deceased, the
date of his decease.
(d) Language of the work.
(e) Name, address and nationality of the publisher.
(f) Year of first and last publication.
(g) Country of first and last publication.
(h) Price of a copy of the work.
(i) If the copyright in the work is registered under section 45, the Registration Number.
5. If the licence is applied for translation, state :
(a) Language into which the work is proposed to be translated.
(b) Full name, qualifications and address of the translator.
(c) Qualifications of the applicant to produce and publish the translation.
6. Indicate the purpose for which the licence is required.
7. Number of copies of work proposed to be published under the licence applied for.
8. Estimated cost of the work to be published.
9. Proposed retail price per copy of the work.
10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright
owner.
11. Means of the applicant for payment of the royalty.
12. Whether the prescribed fee has been paid and, if so, particulars of payment (give
Postal Order/Bank Draft/Treasury Challan number).
13. (a) Full name, address and nationality of the person competent to issue a licence.
(b) Whether the applicant after due diligence on his part was unable to find the
owner.
(c) Whether the applicant has requested and had been denied authorisation by the said
person to produce and publish the translation or reproduce the work or publish the
unpublished work.
(d) If the applicant was unable to find the owner, whether he had sent a copy of the
request by registered air mail post to the publisher whose name appears on the
work. If so, the date on which the copy was sent.
14. Whether the author of the works has withdrawn from circulation copies of the work.
15. In case of application for translation furnish following additional information :-
(a) Whether a translation in the same language has been published before.
(b) Whether the earlier translation is out of print.
(c) Full name, address and nationality of the earlier translator and if the said
translator is deceased, the date of his decease.
(d) Title of the earlier translation.
(e) Full name, address and nationality of the publisher of the earlier translation.
(f) Year of publication.
(g) Price per copy of the earlier translation.
(h) If the earlier translation is registered under section 45, the Registration Number.
(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier
translation, if known.
16. (a) Whether translation has been made into any language other than the language
stated in 5 above.
(b) Full name, address and nationality of the translator and if the said translator is
deceased, the date of his decease.
(c) Title of the translation.
(d) Language of the translation.
(e) Full name, address and nationality of the publisher of the translation.
(f) Year of publication.
(g) Price per copy of the translation.
(h) If the translation is registered under section 45, the Registration Number.
(i) Rate and amount of royalty paid to the copyright owner, if known.
17. Remarks, if any.
18. List of enclosures.
Place…………..
Date……………. (Signature)
FORM II-B
[See rule 11G]
To
……………………………………..
……………………………………..
……………………………………..
Sir,
2[In accordance with first proviso to sub-section (1) or the first proviso to sub-section (2)
of section 32B of the Copyright Act, 1957 (14 of 1957)], I hereby give notice, that copies
of translation/reproduction of the work given below (mention language) have been
published by me/under my authorization.
Place…………
Date…………. Yours
faithfully,
(Signature)
STATEMENT
1. Title of the work.
2. Name and address of the owner of copyright.
3. Year and country of first publication and name, address and nationality of the
publisher.
4. Name and address of the author who has translated the work.
5. Name and address of the publisher and year in which the translation has been
published in India.
6. Name and address of the publisher and year in which the reproduction of the work
has been published in India.
7. Retail price of the published work.
FORM II-C
[See rules 12 and 13]
Application form for permission to carry on copyright business and for
registration as a copyright society*
1. Names and addresses of the persons forming the association of persons (in capital
letters) (hereinafter referred to as “applicant”)
2. The profession or occupation of such persons
3. Details of works in which copyright or other rights of such individuals subsist
4. The class or category of works or the rights in respect of which the applicant
proposes to carry on the copyright business.
5. The territory or territories to which the business shall extend
6. The name in which the applicant desires registration as copyright society
7. The names and addresses of individuals comprising the governing body (by
whatever name called) of the applicant in whom the ultimate management, control
and direction of the applicant is vested
8. Address of the registered or administrative office of the applicant at which its
records will be maintained and kept and the designation of the chief executive
officer of the applicant with address on whom communications may be served.
9. Financial position of the applicant on the date of making the application i.e., last
audited balance sheet and income and expenditure account/bank balance.
10. Signature along with the name of the members of the governing body
11. Name and signature of the chief executive
Place……………………..
Date………………………..
*In the case of a performing rights society functioning as such immediately before the
commencement of the Copyright (Amendment) Act, 1994, the application shall be
accompanied by any documentary proof in support of its claim of functioning as a
performing right society.
FORM II-D
[See rule 14B]
Certificate of registration under section 33(3) of the Copyright Act, 1957
It is certified that…………..(name of the society and address) has been registered by the
Central Government, vide Registration No………….as a copyright society under subsection
(3) of section 33 of the Copyright Act, 1957 (14 of 1957) and permitted to
commence and carry on the copyright business in……………………..(here indicate the name
of the particular class of works).
The registration and the permission hereby granted are subject to the following conditions
and liable to be cancelled on non-compliance with, or contravention of, any of them,
namely :-
(i) that the particulars furnished in the application are true and correct and not
misleading in any manner; and
(ii) that the copyright society shall duly comply with all the obligations imposed on it by
or under the Copyright Act, 1957 (14 of 1957) and the Copyright Rules, 1958.
New Delhi
Date…………….. (Seal) Registrar of
Copyrights

Form IIIof Register of Copyrights
[See rule 15]
1. Registration number.
2. Name, address and nationality of the applicant.
3. Nature of the applicant’s interest in the copyright of the work.
4. Class and description of the work.
5. Title of the work.
6. Language of the work.
7. Name, address and nationality of the author and, if the author is deceased, the date
of his decease.
8. Whether work is published or unpublished.
9. Year and country of first publication and name, address and nationality of the
publisher.
10. Years and countries of subsequent publications, if any, and names, addresses and
nationalities of the publishers.
11. Names, addresses and nationalities of the owners of the various rights comprising
the copyright in the work and the extent of rights held by each, together with
particulars of assignments and licences, if any.
12. Names, addresses and nationalities of other persons, if any, authorised to assign or
license the rights comprising the copyright.
13. If the work is an artistic work the location of the original work, including name,
address and nationality of the person in possession of it (in the case of an
architectural work, the year of completion of the work should also be shown.)
14. Remarks, if any.
FORM IV
Application for Registration of Copyright
[See rule 16]
To
The Registrar of Copyrights,
Copyright Office
New Delhi.
Sir,
In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for
registration of copyright and request that entries may be made in the Register of Copyrights as in
the enclosed statement of particulars sent herewith in triplicate.
I also send herewith duly completed the statement of further particulars relating to the work.
2. In accordance with rule 16 of the Copyright Rules, 1958, I have sent by pre-paid registered
post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown
below :
Names and addresses of the parties Date of despatch
1 2
3. The prescribed fee has been paid, as per details below :
…………………………………………………………………………………………………………………………………………
……………………………
4. Communications on this subject may be addressed to :
…………………………………………………………………………………………………………………………………………
……………………………
5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a
notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright
of this work or to its use by me.]
6. I hereby verify that the particulars given in this Form and the Statement of Particulars and
Statement of further Particulars are true to the best of my knowledge, belief and information and
nothing has been concealed therefrom.]
5. List of enclosures.
Place…………….. Yours faithfully,
Date……………… (Signature)
STATEMENT OF PARTICULARS
(To be sent in triplicate)
1. Registration number (To be filled in the Copyright Office)
2. Name, address and nationality of the applicant
3. Nature of the applicant’s interest in the copyright of the work
4. Class and description of the work
5. Title of the work
6. Language of the work
7. Name, address and nationality of the author and, if the author is deceased, the date
of his decease
8. Whether work is published or unpublished
9. Year and country of first publication and name, address and nationality of the
publishers.
10. Years and countries of subsequent publications, if any, and names, addresses and
nationalities of the publisher.
11. Names, address and nationalities of the owners of the various rights comprising the
copyright in the work and the extent of rights held by each, together with particulars
of assignment and licences, if any.
12. Names, addresses and nationalities of their persons, if any, authorized to assign or
license the rights comprising the copyright.
13. If the work is an “artistic work”, the location of the original work, including name,
address and nationality of the person in possession of the work. (In the case of an
architectural work, the year of completion of the work should also be shown).
1[13-A. If the work is an ‘artistic work' which is used or is capable of being used
in relation to any goods, the application shall include a certificate from the Registrar
of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the
Copyright Act, 1957.]
14. Remarks, if any.
Place…………
Date………… (Signature)

STATEMENT OF FURTHER PARTICULARS
(For Literary, Dramatic, Musical and Artistic Works only)
(To be sent in triplicate)
1. Is the work to be registered-
(a) an original work ?
(b) a translation of a work in the public domain ?
(c) a translation of a work in which copyright subsists ?
(d) an adaptation of a work in the public domain ?
(e) an adaptation of a work in which copyright subsists ?
2. If the work is a translation or adaptation of a work in which copyright subsists :
(a) Title of the original work.
(b) Language of the original work.
(c) Name, address and nationality of the author of the original work and, if the author is
deceased, the date of his decease.
(d) Name, address and nationality of the publisher, if any, of the original work.
(e) Particulars of the authorization for a translation or adaptation including the name,
address and nationality of the party authorising.
3. Remarks, if any.
Place…………..
Date…………… (Signature)

FORM V
Application for registration of changes in the particulars of copyright
entered in the Register of Copyrights
[See rule 16]

To
The Registrar of Copyrights,
Copyright Office,
New Delhi.
Sir,
In accordance with rule 16 of the Copyright Rules, 1958, I hereby apply for registration
of changes in the particulars of copyright entered in the Register of Copyrights and
request that changes in the existing entries may be made as specified in the enclosed
statement of particulars.
2. I have sent by registered post copies of this letter and of the statement of particulars to
the other parties concerned as shown below :
Names and addresses of parties Date of despatch
1 2
3. The prescribed fee has been paid, as per details below :
……………………………………………………………………………………………………………………………..
……………………………………….
4. Commissioner on subject may be addressed to :
……………………………………………………………………………………………………………………………..
……………………………………….
5. I hereby declare that, to the best of my knowledge and belief, no person other than to
whom a notice has been sent as per paragraph 2, has any claim, interest or dispute to my
copyright of this work, or to its use by me.]
6. I hereby verify that the particulars given in this Form and the Statement of particulars
are true to the best of my knowledge, belief and information and nothing has been
concealed therefrom.]
Yours faithfully
Place………………… (Signature)
Date…………………..
STATEMENT OF PARTICULARS
1. Registration number in the Register of Copyrights.
2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.
Reference to
column number of
the Register of
Copyrights
Existing entry in the
Register of
Copyrights
Proposed entry in
place of the existing
entry in the Register
of Copyrights
Reasons for the
changes proposed
1 2 3 4
Note.- Where the changes proposed are consequent on assignment or licences of
copyright, attested copies of the deeds of assignments or licences should be enclosed.
3. List of enclosures.
Place………………….
Date………………….. (Signature)
FORM VI
Application under section 23 of the Act
[See rule 22]
To
The Registrar of Copyrights,
Copyright Office,
New Delhi.
Sir,
In accordance with section 53 of the Copyright Act, 1957 (14 of 1957), I hereby state
that-
I am the owner of the copyright
___________________________________________________________ ………………………. who is the owner of
copyright in the
I am the duly authorised agent of (full name)
work specified in the enclosed affidavit and I hereby apply for an order that the copies of
the said work as specified in the said affidavit shall not be imported into India.
2. I am also enclosing a copy of the work the copyright in which is being infringed.
3. I produce herewith the following additional evidence in proof of infringement of
copyright by the works in respect of which the order is sought-
(Give particulars)
4. The prescribed fee has been paid as per details below :-
(Give particulars)
5. Communications on this subject may be addressed to-
Place…………….. Yours
faithfully,
Date……………… (Signature)
Form of Affidavit
I,…………………………………………………………………………………………………………………………..
……………….., of
(full name in block letters)
……………………………………………………………………………………………………………………………..
do hereby
(full address)
on solemn affirmation state that-
(1) the particulars in the statement below are true to the best of my knowledge and
belief;
(2) the works which are being imported in accordance with the particulars in the said
statement are infringing copies of the work described in the said statement; and
(3) I am interested in the prevention of importation of the said infringing copies for the
following reasons :
(State reasons)
(4) the infringing copies are not being imported for the private and domestic use of the
importer.
STATEMENT
A. Particulars of the Work and Rights held :
1. Full name, address and nationality of the applicant.
2. Telegraphic address of the applicant.
3. If the applicant is not the owner of the copyright, full name, address and nationality of the
owner of the copyright.
4. Description of the work :
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film,
Record).
(b) Title of the work.
(c) Full name, address and nationality of the author and, if the author is deceased, the date
of his decease.
(d) Language of the work.
(e) Name and address of the publisher.
(f) Year of first publication.
(g) Country of first publication.
(h) If the copyright in the work is registered under section 45, the registration number.
B. Details of import of infringing copies :
1. Country of origin of the infringing copies.
2. Name, address and nationality of the importer in India.
3. Name, address and nationality of the maker of the infringing copies.
4. Expected time and place of import of the infringing copies into India.
5. In case a consignment of the infringing copies is detected and detained, will the applicant be
prepared to go himself or depute an authorised agent to identify the said copies to the
satisfaction of the Registrar of Copyrights ?
C. Any other relevant information not covered above.
Place…………… (Signature)
Date…………….
Solemnly affirmed before me by…………………………………………………………………………………
(full name of deponent in block letters)
who is known to me personally/who is identified to me by……………………………………./
(name of identifier inblock letters)
who is known to me personally.
Place……….
Date………. (Signature and seal of the
Magistrate)
SECOND SCHEDULE
[See rule 26]
Sl.
No.
Item Fee
(1) (2) (3)
1. For a licence to republish a literary, dramatic, musical or artistic
work (sections 31, 31A and 32A)
Rs. 400 per
work
2. For a licence to republish a cinematograph film (section 31) Rs. 600 per
work
3. For a licence to republish a sound recording (section 31) Rs. 400 per
work
4. For a licence to perform an Indian work in public or to
communicate the work to the public by broadcast (section 31)
Rs. 200 per
work
5. For an application for a licence to produce and publish a
translation of a literary or dramatic work in any language
(sections 32 and 32A)
Rs. 200 per
work
6. For an application for registration of copyright in a -
(a) literary, dramatic, musical or artistic work Rs. 50 per
work
(b) provided that in respect of a literary or artistic work which is
used or is capable of being used in relation to any goods (section
45)
Rs. 400 per
work
7. For an application for change in particulars of copyright entered
in the Register of Copyrights in respect of a -
(a) literary, dramatic, musical or artistic work Rs. 50 per
work
(b) provided that in respect of a litrary, or artistic work which is
used or is capable of being used in relation to any goods
(section 45)
Rs. 200 per
work
8. For an application for registration of copyright in a
cinematograph film (section 45)
Rs. 600 per
work
9. For an application for registration of changes in particulars of
copyright entered in the Register of cinematograph film (section
45)
Rs. 400 per
work
10. For an application for registration of copyright in a sound
recording (section 45)
Rs. 400 per
work
11. For an application for registration of changes in particulars of
copyright entered in the Register of Copyrights in respect of a
sound recording (section 45)
Rs. 200 per
work
12. For taking extracts from the Register of Copyrights (section 47) Rs. 20 per
work
13. For taking extracts from the Indexes (section 47) Rs. 20 per
work
14. For a certified copy of an extract from the Register of
Copyrights or the Indexes (section 47)
Rs. 20 per
copy
15. For a certified copy of any other public document in the custody
of the Registrar of Copyrights or the Copyright Board
Rs. 20 per
copy
16. For an application for prevention of importation of infringing
copies (section 53)
Rs. 400 per
work, per
place of entry