The Copyright Act, 1957
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 1 Short title, extent and commencement. 3 docs
(1) 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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 21st January, 1958, vide notification No. 269, dated 21st January 1958, see Gazette of India, Extraordinary, Part II, sec. 3
Section 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; 1***
(iv) in relation to a musical work, any arrangement or transcription of the work; 2[and]
2[(v) in relation to any work, any use of such work involving its re-arrangement or alteration;]
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(b) 4[work of architecture] means any building or structure having an artistic character or design, or any model for 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 photograph, whether or not any such work possesses artistic quality;
(ii) an 4[work of architectural]; and
(iii) any other work of artistic craftsmanship;
(d) author means,--
(i) in relation to 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;
5[(v) in relation to a cinematograph film or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]
6[(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;
7[(f) cinematograph film means any work of visual recording 8*** 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;]
9 [(fa) commercial rental does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution.
Explanation.--For the purposes of this clause, a non-profit library or non-profit educational institution means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).]
10[(ff) communication to the public means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.
Explanation.--For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;]
(g) delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by 11[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;
12 [(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 licenses 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;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;
13[(I) 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;]
14[(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 cinematographic film, a copy of the film made on any medium by any means;
(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance,;
if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;]
(n) lecture includes address, speech and sermon;
15[(o) literary work includes computer programmes, tables and compilations including computer 16[databases];]
17[(p) 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;]
18[(q) performance, in relation to performer's right, means any visual or acoustic presentation made live by one or more performers;]
19[(qq) 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;]
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(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;
(t) plate includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, 21[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 22[sound recording] for the acoustic presentation of the work are or are intended to be made;
23[(u) “prescribed” means,—
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;]
24[(uu) producer, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;]
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27[(x) reprography means the making of copies of a work, by photocopying or similar means;
28[(xa) Right Management Information means,--
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d), but does not include any device or procedure intended to identify the user.
(xx) sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;]
29(xxa) visual recording means the recording in any medium, by any method including the storing of it by any electronic means, or moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.]
(y) work means any of the following works, namely:--
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) 22[sound recording];
(z) 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;
(za) work of sculpture includes casts and models.
(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; 1***
(iv) in relation to a musical work, any arrangement or transcription of the work; 2[and]
2[(v) in relation to any work, any use of such work involving its re-arrangement or alteration;]
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(b) 4[work of architecture] means any building or structure having an artistic character or design, or any model for 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 photograph, whether or not any such work possesses artistic quality;
(ii) an 4[work of architectural]; and
(iii) any other work of artistic craftsmanship;
(d) author means,--
(i) in relation to 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;
5[(v) in relation to a cinematograph film or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]
6[(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;
7[(f) cinematograph film means any work of visual recording 8*** 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;]
9 [(fa) commercial rental does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution.
Explanation.--For the purposes of this clause, a non-profit library or non-profit educational institution means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).]
10[(ff) communication to the public means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.
Explanation.--For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;]
(g) delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by 11[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;
12 [(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 licenses 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;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;
13[(I) 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;]
14[(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 cinematographic film, a copy of the film made on any medium by any means;
(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance,;
if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;]
(n) lecture includes address, speech and sermon;
15[(o) literary work includes computer programmes, tables and compilations including computer 16[databases];]
17[(p) 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;]
18[(q) performance, in relation to performer's right, means any visual or acoustic presentation made live by one or more performers;]
19[(qq) 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;]
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(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;
(t) plate includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, 21[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 22[sound recording] for the acoustic presentation of the work are or are intended to be made;
23[(u) “prescribed” means,—
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;]
24[(uu) producer, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;]
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27[(x) reprography means the making of copies of a work, by photocopying or similar means;
28[(xa) Right Management Information means,--
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d), but does not include any device or procedure intended to identify the user.
(xx) sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;]
29(xxa) visual recording means the recording in any medium, by any method including the storing of it by any electronic means, or moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.]
(y) work means any of the following works, namely:--
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) 22[sound recording];
(z) 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;
(za) work of sculpture includes casts and models.
1. The word and omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).
2. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
3. Clause (aa) omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021).
4. Subs. by s. 2, ibid.., for architectural work of art (w.e.f. 10-5-1995).
5. Subs. by s. 2, ibid.., for sub-clauses (v) and (vi) (w.e.f. 10-5-1995).
6. Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984).
7. Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995).
8. The words on any medium produced through a process from which a moving image may be any means omitted by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).
9. Ins. by s. 2, ibid. (w.e.f. 21-6-2012).
10. Subs. by s. 2, ibid., for clause (ff) (w.e.f. 21-6-2012).
11. Subs. by Act 23 of 1983, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
12. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
13. Subs. by Act 23 of 1983, s. 2, for clause (l) (w.e.f. 9-8-1984).
14. Subs. by Act 38 of 1994, s. 2, for clause (m) (w.e.f. 10-5-1995).
15. Subs. by s. 2, ibid., for clause (o) (w.e.f. 10-5-1995).
16. Subs. by Act 49 of 1999, s. 2, for data basis (w.e.f. 15-1-2000).
17. Subs. by Act 38 of 1994, s. 2, for clause (p) (w.e.f. 10-5-1995).
18. Subs. by s. 2, ibid., for clause (q) (w.e.f. 10-5-1995).
19. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
20. Omitted by s. 2, ibid. (w.e.f. 10-5-1995).
21. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
22. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10-5-1995).
23. Subs. by Act 33 of 2021, s. 10, for clause (u) (w.e.f. 4-4-2021).
24. Ins. by s. 2, ibid. (10-5-1995).
25. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9-8-1984).
26. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).
27. Subs. by s. 2, ibid., for clause (x) (w.e.f. 10-5-1995).
28 Ins. by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).
2. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
3. Clause (aa) omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021).
4. Subs. by s. 2, ibid.., for architectural work of art (w.e.f. 10-5-1995).
5. Subs. by s. 2, ibid.., for sub-clauses (v) and (vi) (w.e.f. 10-5-1995).
6. Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984).
7. Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995).
8. The words on any medium produced through a process from which a moving image may be any means omitted by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).
9. Ins. by s. 2, ibid. (w.e.f. 21-6-2012).
10. Subs. by s. 2, ibid., for clause (ff) (w.e.f. 21-6-2012).
11. Subs. by Act 23 of 1983, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
12. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
13. Subs. by Act 23 of 1983, s. 2, for clause (l) (w.e.f. 9-8-1984).
14. Subs. by Act 38 of 1994, s. 2, for clause (m) (w.e.f. 10-5-1995).
15. Subs. by s. 2, ibid., for clause (o) (w.e.f. 10-5-1995).
16. Subs. by Act 49 of 1999, s. 2, for data basis (w.e.f. 15-1-2000).
17. Subs. by Act 38 of 1994, s. 2, for clause (p) (w.e.f. 10-5-1995).
18. Subs. by s. 2, ibid., for clause (q) (w.e.f. 10-5-1995).
19. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
20. Omitted by s. 2, ibid. (w.e.f. 10-5-1995).
21. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
22. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10-5-1995).
23. Subs. by Act 33 of 2021, s. 10, for clause (u) (w.e.f. 4-4-2021).
24. Ins. by s. 2, ibid. (10-5-1995).
25. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9-8-1984).
26. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).
27. Subs. by s. 2, ibid., for clause (x) (w.e.f. 10-5-1995).
28 Ins. by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).
Section 3 Meaning of publication.
1[3. Meaning of publication.--For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public.]
1. Subs. by Act 38 of 1994, s. 3, for section 3 (w.e.f. 10-5-1995).
Section 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 copyright.
Section 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.
Section 6 Certain disputes to be decided by Commercial Court.
1[6. Certain disputes to be decided by 2[Commercial Court].--If any question arises--
(a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or
(b) whether 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 2[Commercial Court] 3****:
Provided that if in the opinion of the 2[Commercial Court], the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.]
(a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or
(b) whether 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 2[Commercial Court] 3****:
Provided that if in the opinion of the 2[Commercial Court], the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.]
1. Subs. by Act 38 of 1994, s. 4, for section 6 (w.e.f. 10-5-1995).
2. Subs. by Act 33 of 2021, s. 10, for “Appellate Board” (w.e.f. 4-4-2021).
3. The words and figures “constituted under section 11 whose decision thereon shall be final” omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s. 10, for “Appellate Board” (w.e.f. 4-4-2021).
3. The words and figures “constituted under section 11 whose decision thereon shall be final” omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021).
Section 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.
Section 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.
Section 9 Copyright Office.
(1) 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.
(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.
Section 10 Registrar and Deputy Registrars of Copyrights.
(1) 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.
(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.
Section 11 Omitted. 1 docs
11. [Appellate Board].--Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 10 (w.e.f. 4-4-2021).
Section 12 Omitted.
12. [Powers and procedure of Appellate Board]. Omitted by s. 10, ibid. (w.e.f. 4-4-2021).
Section 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) 1[sound recording].
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless--
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 2[work of architecture], the work is located in India.
Explanation.--In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any 3[sound recording] made in respect of a literary, dramatic or musical work, if in making the 3[sound recording], 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 3[sound recording] is made.--
(5) In the case of a 3[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.--
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) 1[sound recording].
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless--
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 2[work of architecture], the work is located in India.
Explanation.--In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any 3[sound recording] made in respect of a literary, dramatic or musical work, if in making the 3[sound recording], 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 3[sound recording] is made.--
(5) In the case of a 3[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.--
1. Subs. by Act 38 of 1994, s. 2, for "record" (w.e.f. 10-5-1995).
2. Subs. by s. 2, ibid., for "architectural work of art" (w.e.f. 10-5-1995).
3. Subs. by s. 2, ibid., for "record" (w.e.f. 10-5-1995)
2. Subs. by s. 2, ibid., for "architectural work of art" (w.e.f. 10-5-1995).
3. Subs. by s. 2, ibid., for "record" (w.e.f. 10-5-1995)
Section 14 Meaning of copyright.
1[14. Meaning of copyright.-- For the purposes of this Act, copyright means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely--
(a) in the case of a literary, dramatic or musical work, not being a computer programme,--
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme:
(i) to do any of the acts specified in clause (a);
2[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer:
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,--
3[(i) to reproduce the work in any material form including--
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(d) in the case of a cinematograph film,--
4[(i) to make a copy of the film, including--
(A) a photograph of any image forming part thereof; or
(B) storing of it in any medium by electronic or other means;]
5[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film.]
(iii) to communicate the film to the public;
(e) in the case of a sound recording,--
(i) to make any other sound recording embodying it 6[including storing of it in any medium by electronic or other means];
7[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;]
(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].
(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);
2[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer:
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,--
3[(i) to reproduce the work in any material form including--
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(d) in the case of a cinematograph film,--
4[(i) to make a copy of the film, including--
(A) a photograph of any image forming part thereof; or
(B) storing of it in any medium by electronic or other means;]
5[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film.]
(iii) to communicate the film to the public;
(e) in the case of a sound recording,--
(i) to make any other sound recording embodying it 6[including storing of it in any medium by electronic or other means];
7[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;]
(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].
1. Subs. by s. 7, ibid., for section 14 (w.e.f. 10-5-1995).
2. Subs. by Act 49 of 1999, s. 3, for sub-clause (ii) (w.e.f. 15-1-2000)
3. Subs. by Act 27 of 2012, s. 5, for clause (c) (w.e.f. 21-6-2012).
4. Subs. by s. 5, ibid., for clause (d) (w.e.f. 21-6-2012).
5. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012).
6. Ins. by s. 5, ibid. (w.e.f. 21-6-2012).
7. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012).
2. Subs. by Act 49 of 1999, s. 3, for sub-clause (ii) (w.e.f. 15-1-2000)
3. Subs. by Act 27 of 2012, s. 5, for clause (c) (w.e.f. 21-6-2012).
4. Subs. by s. 5, ibid., for clause (d) (w.e.f. 21-6-2012).
5. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012).
6. Ins. by s. 5, ibid. (w.e.f. 21-6-2012).
7. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012).
Section 15 Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000.
15. Special provision regarding Copyright in designs registered or Capable of being registered under the 1*** 2[Designs Act, 2000 (16 of 2000)].--(1) Copyright shall not subsist under this Act in any design which is registered under the 1*** 2[Designs Act, 2000 (16 of 2000)].
(2) Copyright in any design, which is capable of being registered under the 1*** 2[Designs Act, 2000 (16 of 2000)] 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.
(2) Copyright in any design, which is capable of being registered under the 1*** 2[Designs Act, 2000 (16 of 2000)] 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.
1. The words "Indian Patents and" omitted by Act 23 of 1983, s. 7 (w.e.f. 9-8-1984).
2. Subs. by Act 27 of 2012, s. 6, for "Designs Act, 1911 (2 of 1911)" (w.e.f. 21-6-2012)
2. Subs. by Act 27 of 2012, s. 6, for "Designs Act, 1911 (2 of 1911)" (w.e.f. 21-6-2012)
Section 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.
Section 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 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;
1[(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;
1[(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 purpose 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 (1 of 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.
2[ Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13.]
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 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;
1[(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;
1[(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 purpose 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 (1 of 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.
2[ Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13.]
1. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984).
2. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21-6-202).
2. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21-6-202).
Section 18 Assignment of copyright.
(1) 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.
3[ Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:
Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void:
Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.]
(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 copyright 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.
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.
3[ Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:
Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void:
Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.]
(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 copyright 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.
1. Ins. by s. 8, ibid. (w.e.f. 21-6-2012).
Section 19 Mode of assignment.
1[(1)] 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[(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.
(3) The assignment of copyright in any work shall also specify the amount of 3[ royalty and any other consideration payable], 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.
(4) Where the assignee does not exercise the rights assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
(7) Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.
4[(8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.
(9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.]
2[(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.
(3) The assignment of copyright in any work shall also specify the amount of 3[ royalty and any other consideration payable], 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.
(4) Where the assignee does not exercise the rights assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
(7) Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.
4[(8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.
(9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.]
1 Section 19 re-numbered as sub-section (1) thereof by Act 23 of 1983, s. 9 (w.e.f. 9-8-1984).
2 Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10-5-1995).
3 Subs. by Act 27 of 2012, s. 9, for "royalty payable" (w.e.f. 21-6-2012).
4 Ins. by s. 9, ibid. (w.e.f. 21-6-2012).
2 Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10-5-1995).
3 Subs. by Act 27 of 2012, s. 9, for "royalty payable" (w.e.f. 21-6-2012).
4 Ins. by s. 9, ibid. (w.e.f. 21-6-2012).
Section 19A Disputes with respect to assignment of copyright.
1[19A. Disputes with respect to assignment of copyright.--(1) If an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the 2[ Commercial Court] may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment.
(2) If any dispute arises with respect to the assignment of any copyright, the 2[Commercial Court] may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:
Provided that the 2[Commercial Court] shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author:
3[Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the 2[Commercial Court] may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:---
Provided also that,] no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment.]
4[(3) Every complaint received under sub-section (2) shall be dealt with by the 2[Commercial Court] as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the 2[Commercial Court] shall record the reasons thereof.]
(2) If any dispute arises with respect to the assignment of any copyright, the 2[Commercial Court] may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:
Provided that the 2[Commercial Court] shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author:
3[Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the 2[Commercial Court] may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:---
Provided also that,] no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment.]
4[(3) Every complaint received under sub-section (2) shall be dealt with by the 2[Commercial Court] as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the 2[Commercial Court] shall record the reasons thereof.]
1. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10-5-1995).
2. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021).
3. Subs. by Act 27 of 2012, s. 10, for Provided further that (w.e.f. 21-6-2012).
4. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012).
2. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021).
3. Subs. by Act 27 of 2012, s. 10, for Provided further that (w.e.f. 21-6-2012).
4. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012).