CHAPTER III
Copyright
13. Works in which copyright subsists.- (1) Subject to the provisions of this section and the other
provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is
to say,-
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c)
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[sound recordings;]
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the
provisions of section 40 or section 41 apply, unless,-
(i) in the case of a published work, the work is first published in India, or where the work is first
published outside India, the author is at the date of such publication, or in a case where the author
was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a
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[work of architecture] the author is at the date
of the making of the work a citizen of India or domiciled in India; and
(iii) in the case of
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[work of architecture] the work is located in India.
Explanation.- in the case of a work of joint authorship, the conditions conferring copyright specified in
this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist-
(a) in any cinematograph film a substantial part of the film is an infringement of the copyright in any
other work;
(b) in any
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[sound recording] made in respect of a literary, dramatic or musical work, if in making the
46
[sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a
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[sound recording] shall not affect the separate
copyright in any work in respect of which or a substantial part of which, the film, or as the case may
be, the
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[sound recording] is made.
(5) In the case of a
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[work of architecture] copyright shall subsist only in the artistic character and
design and shall not extent to processes or methods of construction.
14.
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Meaning of copyright.-For the purposes of this Act, "copyright" means the exclusive right
subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect
of a work or any substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, -
(i) to reproduce the work in any material form including the storing of it in any medium by electronic
means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation
to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme,-
(i) to do any of the acts specified in clause (a);
51A
“(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer programme:
Provided that such commercial rental does not apply in respect of computer programmes where
the programme itself is not the essential object of the rental.”
(c) in the case of an artistic work,-
(i) to reproduce the work in any material form including depiction in three dimensions of a two
dimensional work or in two dimensions of a three dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in
sub-clauses (i) to (iv);
(d) In the case of cinematograph film, -
(i) to make a copy of the film, including a photograph of any image forming part thereof;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such
copy has been sold or given on hire on earlier occasions;
(iii) to communicate the film to the public;
(e) In the case of sound recording, -
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of
whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.
Explanation : For the purposes of this section, a copy which has been sold once shall be deemed to
be a copy already in circulation.
15. Special provision regarding copyright in designs registered or capable of being registered
under the Designs Act,1911.-(1) Copyright shall not subsist under this Act in any design which is registered under the
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Designs Act, 1911.
(2) Copyright in any design, which is capable of being registered under the Designs Act, 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 license, by any other person.
16. No copyright except as provided in this Act.-No person shall be entitled to copyright or any
similar right in any work, whether published or unpublished, otherwise than under and in accordance
with the provisions of this Act or any other law for the time being in force, but nothing in this section
shall be constructed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.
42. Subs. by Act 38 of 1994, s. 12, for "records"
43. Subs. by Act 38 of 1994, s. 12, for `architecture work of arr'.
44. Subs. by Act 38 of 1994, s. 12, for "an architectural woek of art'.
45. Subs. by Act 38 of 1994, s. 12, for 'record'.
46. Subs. by Act 38 of 1994, s. 12, for 'rerord'.
47. Subs. by Act 38 of 1994, s. 12, for `record'.
48. Subs. by Act 38 of 1994, s. 12, for "record'.
49. Subs. by Act 38 of 1994, s. 2, for "architecture work act'.
50. Subs. by Act 38 of 1994, s. 14.
51. The words "Indian Patents and" omitted by Act 23 of 1983, s.7(w.e.f. 9-8-1984)
[51A. Subs by Act 49 of 1999, Section 3, for sub clause (ii) (wef 15.1.2000)]INDIAN COPYRIGHT ACT, 1957
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