The Copyright Act, 1957
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 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 testator's 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.
Explanation.--In this section, the expression "manuscript" means the original document embodying the work, whether written by hand or not.
Section 21 Right of author to relinquish copyright.
(1) 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 1[the Registrar of Copyrights or by way of public notice] 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.
2[(2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years.]
(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 notice referred to in sub-section (1).
(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.
2[(2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years.]
(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 notice referred to in sub-section (1).
1. Subs. by s. 11, ibid., for "Registrar of Copyright" (w.e.f. 21-6-2012).
2. Ins. by s. 11, ibid. (w.e.f. 21-6-2012).
2. Ins. by s. 11, ibid. (w.e.f. 21-6-2012).
Section 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 1*** published within the lifetime of the author until 2[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.
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.
1. The brackets and words "(other than a photograph)" omitted by Act 27 of 2012, s. 12 (w.e.f. 21-6-2012).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
Section 23 Term of copyright in anonymous and pseudonymous works.
(1) In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until 1[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 1[sixty years] 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 pseudonyms 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 2[Commercial Court] by that author.
Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 1[sixty years] 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 pseudonyms 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 2[Commercial Court] by that author.
1. Subs. by Act 13 of 1992, s. 2, for fifty years (w.e.f. 28-10-1991).
2. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021).
Section 24 Term of copyright in posthumous work.
(1) 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 1[sixty years] from the beginning of the calendar year next following the year in which the 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 2[sound recordings] made in respect of the work have been sold to the public or have been offered for sale to the public.
(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 2[sound recordings] made in respect of the work have been sold to the public or have been offered for sale to the public.
1 Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
2 Subs. by Act 38 of 1994, s. 2, for "record" (w.e.f. 10-5-1995).
2 Subs. by Act 38 of 1994, s. 2, for "record" (w.e.f. 10-5-1995).
Section 25 [Omitted.].
[Term of copyright in photographs.] Omitted by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 13 (w.e.f. 21-6-2012).
Section 26 Term of copyright in cinematograph films.
In the case of a cinematograph film, copyright shall subsists until 1[sixty years] from the beginning of the calendar year next following the year in which the film is published.
1. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991)
Section 27 Term of copyright in sound recording.
In the case a 1[sound recording] copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the 1[sound recording] is published.
1. Subs. by Act 38 of 1994, s. 2, for "record" (w.e.f. 10-5-1995).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
Section 28 Term of copyright Government works.
In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the beginning of the calendar year next following the year in which the work is first published.
1 Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991)
Section 28A Term of copyright in works of public undertakings.
1[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 2[sixty years] from the beginning of the calendar year next following the year in which the work is first published.]
1. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1984).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
2. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
Section 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 1[sixty years] from the beginning of the calendar year next following the year in which the work is first published.
1. Subs. by Act 13 of 1992, s. 2, for "fifty years" (w.e.f. 28-10-1991).
Section 30 Licences by owners of copyright.
The owner of the copyright in any existing work of the prospective owner of the copyright in any future work may grant any interest in the right by licence in 1[writing 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.
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 representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.
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.
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 representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.
1. Subs. by Act 27 of 2012, s. 14, for "writing signed by him" (w.e.f. 21-6-2012).
Section 30A Application of sections 19.
1[30A. Application of 2[section 19].--The provisions of sections 19 and 19A shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.]
1. Ins. by Act 38 of 1994, s. 10 (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 15, for "section 19 and 19A" (w.e.f. 21-6-2012).
2. Subs. by Act 27 of 2012, s. 15, for "section 19 and 19A" (w.e.f. 21-6-2012).
Section 31 Compulsory licence in works withheld from public.
(1) If at any time during the term of copyright in 1[any work] which has been published or performed in public, a complaint is made to the 2[Commecial Court] 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 3[broadcast] of such work or in the case of a 4[sound recording] the work recorded in such 4[sound recording], on terms which the complainant considers reasonable,
the 2[Commercial Court], 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 4[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 2[Commercial Court] may determine; and thereupon the Registrar of Copyrights shall grant the 5[licence to such person or persons who, in the opinion of the 2[Commercial Court], is or are qualified to do so] in accordance with the directions of the 2[Commercial Court], on payment of such fee as may be prescribed.
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(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 3[broadcast] of such work or in the case of a 4[sound recording] the work recorded in such 4[sound recording], on terms which the complainant considers reasonable,
the 2[Commercial Court], 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 4[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 2[Commercial Court] may determine; and thereupon the Registrar of Copyrights shall grant the 5[licence to such person or persons who, in the opinion of the 2[Commercial Court], is or are qualified to do so] in accordance with the directions of the 2[Commercial Court], on payment of such fee as may be prescribed.
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1. Subs. by s. 16, ibid., for any Indian work (w.e.f. 21-6-2012).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
3. Subs. by Act 23 of 1994, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
4. Subs. by 38 of 1994, s. 16, for record (w.e.f. 10-5-1995).
5. Subs. by Act 27 of 2012, s. 16, for licence to the complainant (w.e.f. 21-6-2012).
6. The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21-6-2012).
7. Omitted by s. 16, ibid. (w.e.f. 21-6-2012).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
3. Subs. by Act 23 of 1994, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
4. Subs. by 38 of 1994, s. 16, for record (w.e.f. 10-5-1995).
5. Subs. by Act 27 of 2012, s. 16, for licence to the complainant (w.e.f. 21-6-2012).
6. The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21-6-2012).
7. Omitted by s. 16, ibid. (w.e.f. 21-6-2012).
Section 31A Compulsory licence in unpublished or published works.
1[31A. Compulsory licence in unpublished 2[or published works].-- 3[(1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, 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 4[Commecial Court] for a licence to publish or communicate to the public 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 newspaper 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 4[Commercial Court] 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 4[Commercial Court] may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the 4[Commercial Court].
(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 4[Commercial Court] in the public account of India or in any other account specified by the 4[Commercial Court] 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 4[Commercial Court] 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 4[Commercial Court] may, in the circumstances of such case, determine in the prescribed manner.]
(2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper 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 4[Commercial Court] 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 4[Commercial Court] may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the 4[Commercial Court].
(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 4[Commercial Court] in the public account of India or in any other account specified by the 4[Commercial Court] 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 4[Commercial Court] 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 4[Commercial Court] may, in the circumstances of such case, determine in the prescribed manner.]
1. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).
2. Subs. by Act 27 of 2012, s. 17, for Indian works (w.e.f. 21-6-2012).
3. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 21-6-2012).
4. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 27 of 2012, s. 17, for Indian works (w.e.f. 21-6-2012).
3. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 21-6-2012).
4. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 31B Compulsory licence for benefit of disabled.
1[31B. Compulsory licence for benefit of disabled.---(1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the 2[ACommercial Court], in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the 2[Commercial Court] shall dispose of such application within a period of two months from the receipt of the application.
(2) The 2[Commercial Court] may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.
(3) If the 2[Commercial Court] is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:
Provided that where the 2[Commercial Court] issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit.]
(2) The 2[Commercial Court] may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.
(3) If the 2[Commercial Court] is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:
Provided that where the 2[Commercial Court] issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit.]
1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26-5-2017).
2. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26-5-2017).
Section 31C Statutory licence for cover versions.
1[31C. Statutory licence for cover versions.---(1) Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section:
Provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use.
(2) The person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the 2[Commercial Court] in this behalf:
Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section.
(3) The person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings:
Provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made.
(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made:
Provided that the 2[Commercial Court] may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works.
(5) The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording:
Provided that if on a complaint brought before the 2[Commercial Court] to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the 2[Commercial Court] is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty.
Explanation.--For the purposes of this section cover version means a sound recording made in accordance with this section.]
Provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use.
(2) The person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the 2[Commercial Court] in this behalf:
Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section.
(3) The person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings:
Provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made.
(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made:
Provided that the 2[Commercial Court] may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works.
(5) The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording:
Provided that if on a complaint brought before the 2[Commercial Court] to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the 2[Commercial Court] is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty.
Explanation.--For the purposes of this section cover version means a sound recording made in accordance with this section.]
1. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 31D Statutory licence for broadcasting of literary and musical works and sound recording.
1[31D. Statutory licence for broadcasting of literary and musical works and sound recording.--(1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the 2[Commercial Court].
(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 2[Commercial Court] shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub-section (2), the 2[Commercial Court] may require the broadcasting organisation to pay an advance to the owners of rights.
(5) The names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
(7) The broadcasting organisation shall--
(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and
(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.]
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the 2[Commercial Court].
(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 2[Commercial Court] shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub-section (2), the 2[Commercial Court] may require the broadcasting organisation to pay an advance to the owners of rights.
(5) The names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
(7) The broadcasting organisation shall--
(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and
(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.]
1. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 32 Licence to produce and publish translations.
(1) Any person may apply to the 1[Commercial Courtc] for a licence to produce and publish a translation of a literary or dramatic work in any language 2[after a period of seven years from the first publication of the work].
1[(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the 1[Appellate 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 not in general use in any developed country, such application may be made after a period of one year from such publication.
(2) Every 3[application under this section] shall be made in such form as may be 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 1[Commercial Court] 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 4[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 1[Commercial Court] 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 or to any country if--
(1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or
(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and
(3) in either case, the permission for such export has been given by the Government of that country:]
5[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, 6[within seven years or three years or one year, as the case may be, of the first publication of the work], or if a translation has been so published, it has been out of print;
(b) the applicant has proved to the satisfaction of the 1[Commercial Court] that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that 7[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 8[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 9[such application];
10[(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 published by the owner of the copyright in the work or any person authorised by 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 1[Commercial Court] 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;
(e) the author has not withdrawn from circulation copies of the work; and
(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.
11[(5) Any broadcasting authority may apply to the 1[Commercial Court] for a licence to produce and publish the translation of--
(a) a work referred to in sub-section (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 specialised, 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 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 corporate (not being bodies corporate owned or controlled by Government) or other association 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.]
1[(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the 1[Appellate 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 not in general use in any developed country, such application may be made after a period of one year from such publication.
(2) Every 3[application under this section] shall be made in such form as may be 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 1[Commercial Court] 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 4[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 1[Commercial Court] 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 or to any country if--
(1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or
(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and
(3) in either case, the permission for such export has been given by the Government of that country:]
5[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, 6[within seven years or three years or one year, as the case may be, of the first publication of the work], or if a translation has been so published, it has been out of print;
(b) the applicant has proved to the satisfaction of the 1[Commercial Court] that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that 7[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 8[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 9[such application];
10[(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 published by the owner of the copyright in the work or any person authorised by 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 1[Commercial Court] 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;
(e) the author has not withdrawn from circulation copies of the work; and
(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.
11[(5) Any broadcasting authority may apply to the 1[Commercial Court] for a licence to produce and publish the translation of--
(a) a work referred to in sub-section (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 specialised, 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 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 corporate (not being bodies corporate owned or controlled by Government) or other association 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.]
1. Subs. by Act 33 of 2021, s.10, for Appellate Board (w.e.f. 4-4-2021).
2. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
3. Subs. by s. 13,ibid., for such application (w.e.f. 9-8-1984).
4. Subs. by Act 23 of 1983, s. 13, for certain words (w.e.f. 9-8-1984).
5. Subs. by Act 23 of 1983, s. 13, for Provided that no such licence (w.e.f. 9-8-1984).
6. Subs. by s. 13, iibid., for within seven years of the first publication of the work (w.e.f. 9-8-1984).
7. Subs. by s. 13, ibid., for he was unable to find (w.e.f. 9-8-1984).
8. Subs. by s. 13, ibid., for such authorisation to the publisher whose name appears from the work (w.e.f. 9-8-1984).
9. Subs. by s. 13, ibid., for the application for the licence (w.e.f. 9-8-1984).
10. Ins. by s. 13, ibid. (w.e.f. 9-8-1984).
11. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
2. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
3. Subs. by s. 13,ibid., for such application (w.e.f. 9-8-1984).
4. Subs. by Act 23 of 1983, s. 13, for certain words (w.e.f. 9-8-1984).
5. Subs. by Act 23 of 1983, s. 13, for Provided that no such licence (w.e.f. 9-8-1984).
6. Subs. by s. 13, iibid., for within seven years of the first publication of the work (w.e.f. 9-8-1984).
7. Subs. by s. 13, ibid., for he was unable to find (w.e.f. 9-8-1984).
8. Subs. by s. 13, ibid., for such authorisation to the publisher whose name appears from the work (w.e.f. 9-8-1984).
9. Subs. by s. 13, ibid., for the application for the licence (w.e.f. 9-8-1984).
10. Ins. by s. 13, ibid. (w.e.f. 9-8-1984).
11. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
Section 32A Licence to reproduce and publish works for certain purposes.
1 [32A. Licence to reproduce and publish works for certain purposes.-- (1) 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 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 2[Commercial Court] 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 2[Commercial Court] 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 2[Commercial Court] 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 2[Commercial Court] 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 publisher whose name appears from the work not less than three months before the application for the licence;
(c) the 2[Commercial Court] is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay 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 2[Commercial Court], 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 reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities.
Explanation.-- For the purpose 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
(c) five years from the date of the first publication of that work, in any other case.]
(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 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 2[Commercial Court] 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 2[Commercial Court] 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 2[Commercial Court] 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 2[Commercial Court] 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 publisher whose name appears from the work not less than three months before the application for the licence;
(c) the 2[Commercial Court] is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay 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 2[Commercial Court], 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 reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities.
Explanation.-- For the purpose 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
(c) five years from the date of the first publication of that work, in any other case.]
1. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).