The Copyright Act, 1957
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 32B Termination of licences issued under this Chapter.
1[32B. Termination of licences issued under this Chapter.-- (1) If, at any time after the granting of a licence to produce and publish the translation of a work in any language under sub-section (1A) of section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid:
Provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted.
(2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32A, the owner of the right of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subject, the licence so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid:
Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.]
Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid:
Provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted.
(2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32A, the owner of the right of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subject, the licence so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid:
Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.]
1. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
Section 33 Registration of copyright society.
1[33. Registration of Copyright society.-- (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3):
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society:
2[ Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act:
Provided also] that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form the date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed:
Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works.
3[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36:
Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty:
Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.]
(4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the 4[authors and other owners of rights] concerned, cancel the registration of such society after such inquiry as may be prescribed.
(5) If the Central Government is of the opinion that in the interest of the 4[authors and other owners of rights] concerned 5[or for non-compliance of sections 33A, sub-section (3) of section 35 or and section 36 of any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it], is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of the copyright society.]
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society:
2[ Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act:
Provided also] that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form the date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed:
Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works.
3[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36:
Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty:
Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.]
(4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the 4[authors and other owners of rights] concerned, cancel the registration of such society after such inquiry as may be prescribed.
(5) If the Central Government is of the opinion that in the interest of the 4[authors and other owners of rights] concerned 5[or for non-compliance of sections 33A, sub-section (3) of section 35 or and section 36 of any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it], is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of the copyright society.]
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 19, for Provided that (w.e.f. 21-6-2012).
3. Ins. by s. 19 ibid, (w.e.f. 21-6-2012).
4. Subs. by s. 19, ibid., for owner of rights (w.e.f. 21-6-2012).
2. Subs. by Act 27 of 2012, s. 19, for Provided that (w.e.f. 21-6-2012).
3. Ins. by s. 19 ibid, (w.e.f. 21-6-2012).
4. Subs. by s. 19, ibid., for owner of rights (w.e.f. 21-6-2012).
Section 33A Tariff Scheme by copyright societies.
1[33A. Tariff Scheme by copyright societies.--(1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed.
(2) Any person who is aggrieved by the tariff scheme may appeal to the 2[Commercial Court] and the Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:
Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the 2[Commercial Court] and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal:
Provided further that the 2[Commercial Court] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal.]
(2) Any person who is aggrieved by the tariff scheme may appeal to the 2[Commercial Court] and the Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:
Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the 2[Commercial Court] and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal:
Provided further that the 2[Commercial Court] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal.]
1. Ins. by s. 20, 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).
2. . Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 34 Administration of rights of owner by copyright society.
1[34. Administration of rights of owner by copyright society.--(1) Subject to such conditions as may be prescribed,--
(a) a copyright society may accept from an 2[author and other owners of right] exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and
(b) an 2[author and other owners of right] shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.
(2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation:
Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works.
(3) Subject to such conditions as may be prescribed, a copyright society may--
(i) issue licences under section 30 in respect of any rights under this Act;
(ii) collect fees in pursuance of such licences;
(iii) distribute such fees among 2[author and other owners of right] after making deductions for its own expenses;
(iv) perform any other functions consistent with the provisions of section 35.]
(a) a copyright society may accept from an 2[author and other owners of right] exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and
(b) an 2[author and other owners of right] shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.
(2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation:
Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works.
(3) Subject to such conditions as may be prescribed, a copyright society may--
(i) issue licences under section 30 in respect of any rights under this Act;
(ii) collect fees in pursuance of such licences;
(iii) distribute such fees among 2[author and other owners of right] after making deductions for its own expenses;
(iv) perform any other functions consistent with the provisions of section 35.]
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 21, for "owner of rights" (w.e.f. 21-6-2012)
2. Subs. by Act 27 of 2012, s. 21, for "owner of rights" (w.e.f. 21-6-2012)
Section 34A [Omitted.].
1[34A[Payment of remunerations by copyright society.] Omitted by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012).]
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
Section 35 Control over the copyright society by the author and other owners of right.
1[35. Control over the copyright society by the 2[author and other owners of right].--(1) Every copyright society shall be subject to the collective control of the owners of rights under this Act whose rights it administers (not being 2[author and other owners of right] under this Act administered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in such manner as may be prescribed,--
(a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees;
(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and
(c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.
(2) All fees distributed among the 2[author and other owners of right] shall, as far as may be, be distributed in proportion to the actual use of their works.
3[(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.
(4) All members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.]
(a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees;
(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and
(c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.
(2) All fees distributed among the 2[author and other owners of right] shall, as far as may be, be distributed in proportion to the actual use of their works.
3[(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.
(4) All members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.]
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 23, for "owner of rights" (w.e.f. 21-6-2012).
3. Ins. by s. 23, ibid. (w.e.f. 21-6-2012).
2. Subs. by Act 27 of 2012, s. 23, for "owner of rights" (w.e.f. 21-6-2012).
3. Ins. by s. 23, ibid. (w.e.f. 21-6-2012).
Section 36 Submission of returns and reports.
1[36. Submission of returns and reports.--(1) Every copyright shall submit to the Registrar of Copyrights such returns as may be prescribed.
(2) Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act].
(2) Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act].
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
Section 36A Rights and liabilities of performing rights societies.
1[36A. Rights and liabilities of performing rights societies.--Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a 2[copyright society] which had accrued or were incurred on or before the day prior to the commencement of 3[the Copyright (Amendment) Act, 2012], or any legal proceedings in respect of any such rights or liabilities pending on that day.]
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 24, for "performing rights society" (w.e.f. 21-6-2012).
3. Subs. by s. 24,ibid., for "the Copyright (Amendment) Act, 1994 (38 of 1994)" (w.e.f. 21-6-2012).
2. Subs. by Act 27 of 2012, s. 24, for "performing rights society" (w.e.f. 21-6-2012).
3. Subs. by s. 24,ibid., for "the Copyright (Amendment) Act, 1994 (38 of 1994)" (w.e.f. 21-6-2012).
Section 37 Broadcast reproduction right.
1, 2[37. Broadcast reproduction right.-- (1) Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in respect of its broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.
(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,--
(a) re-broadcast the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or
3[(e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d).]
(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.
(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,--
(a) re-broadcast the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or
3[(e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d).]
1. Subs. by Act 38 of 1994, s. 12, for "RIGHTS OF BROADCASTING AUTHORITIES" (w.e.f. 10-5-1995).
2. Subs. by s. 13, ibid., for section 37 (w.e.f. 10-5-1995).
3. Subs. by Act 27 of 2012, s. 25, for clause (e) (w.e.f. 21-6-2012).
2. Subs. by s. 13, ibid., for section 37 (w.e.f. 10-5-1995).
3. Subs. by Act 27 of 2012, s. 25, for clause (e) (w.e.f. 21-6-2012).
Section 38 Performer’s right.
1[38. Performer's right.-- (1) Where any performer appears or engages in any performance, he shall have a special right to be known as the "performer's right" in relation to such performance.
(2) The performer's right shall subsist until 2[fifty years] from the beginning of the calendar year next following the year in which the performance is made.
3* * * * *]
(2) The performer's right shall subsist until 2[fifty years] from the beginning of the calendar year next following the year in which the performance is made.
3* * * * *]
1. Subs. by Act 38 of 1994, s. 14, for section 38 (w.e.f. 10-5-1995).
2. Subs. by 49 of 1999, s. 4, for "twenty-five years" (w.e.f. 15-1-2000).
3. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21-6-2012).
2. Subs. by 49 of 1999, s. 4, for "twenty-five years" (w.e.f. 15-1-2000).
3. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21-6-2012).
Section 38A Exclusive right of performers.
1[38A. Exclusive right of performers.-- (1) Without prejudice to the rights conferred on authors, the performers right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:--
(a) to make a sound recording or a visual recording of the performance, including--
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
(ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording;
(b) to broadcast or communicate the performance to the public except where the performance is already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performers right in the same film:
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.]
(a) to make a sound recording or a visual recording of the performance, including--
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
(ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording;
(b) to broadcast or communicate the performance to the public except where the performance is already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performers right in the same film:
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.]
1 Ins. by s. 27, ibid. (w.e.f. 21-6-2012).
Section 38B Moral rights of the performer.
1[38B. Moral rights of the performer.--The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,--
(a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and
(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation.
Explanation.--For the purpose of this clause, it is already clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputation.]
(a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and
(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation.
Explanation.--For the purpose of this clause, it is already clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputation.]
1. Ins. by s. 27, ibid. (w.e.f. 21-6-2012).
Section 39 Acts not infringing broadcast reproduction right or performer’s right.
1[39. Acts not infringing broadcast reproduction right or performer’s right.-- No broadcast reproduction right or performer's right shall be deemed to be infringed by--
(a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or
(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or
(c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.]
(a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or
(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or
(c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.]
1 Subs. by Act 38 of 1994, s. 15, for section 39 (w.e.f. 10-5-1995)
Section 39A Certain provisions to apply in case of broadcast reproduction right and performer’s rights.
1[39A. Certain provisions to apply in case of broadcast reproduction right and performer’s rights.-- Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall, with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work:
Provided that where copyright to performers right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of rights or performer, as the case may be, or both of them:
Provided further that the broadcast reproduction right or performers right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work.
(2) The broadcast reproduction right or the performers right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.]
Provided that where copyright to performers right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of rights or performer, as the case may be, or both of them:
Provided further that the broadcast reproduction right or performers right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work.
(2) The broadcast reproduction right or the performers right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.]
1 Subs. by Act 27 of 2012, s. 28, for section 39A (w.e.f. 21-6-2012)
Section 40 Power to extend copyright to foreign works.
The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act shall apply--
(a) to work first published in any territory outside India to which the order relates in like manner as if they were first published within India;
(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India;
(c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India;
(d) to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time;
and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly:
Provided that--
(i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that that foreign country has made, or has undertaken to make, such provisions if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act;
(ii) the order may provide that the provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order;
(iii) the order may provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates 1[but such a term or copyright shall not exceed the term of copyright provided under this Act];
(iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order;
(v) in applying the provisions of this Act as to ownership of copyright, the order may make such exception and modifications as appear necessary, having regard to the law of the foreign country;
(vi) the order may provide that this Act or any part thereof shall not apply to works made before the commencement of the order or that this Act or any part thereof shall apply to works first published before the commencement of the order.
(a) to work first published in any territory outside India to which the order relates in like manner as if they were first published within India;
(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India;
(c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India;
(d) to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time;
and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly:
Provided that--
(i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that that foreign country has made, or has undertaken to make, such provisions if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act;
(ii) the order may provide that the provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order;
(iii) the order may provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates 1[but such a term or copyright shall not exceed the term of copyright provided under this Act];
(iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order;
(v) in applying the provisions of this Act as to ownership of copyright, the order may make such exception and modifications as appear necessary, having regard to the law of the foreign country;
(vi) the order may provide that this Act or any part thereof shall not apply to works made before the commencement of the order or that this Act or any part thereof shall apply to works first published before the commencement of the order.
1 . Ins. by Act 27 of 2012, s. 29 (w.e.f. 21-6-2012).
Section 40A Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries.
1[40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries.-- (1) If the Central Government is satisfied that a foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which India is also a party) has made or has undertaken to make such provisions, if any, as it appears to the Central Government expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations and performers as is available under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply--
(a) to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India;
(b) to performances that took place outside India to which the order relates in like manner as if they took place in India;
(c) to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.
(2) Every order made under sub-section (1) may provide that--
(i) the provisions of Chapter VIII, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order;
(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates;
(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order;
(iv) Chapter VIII of any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order;
(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.]
(a) to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India;
(b) to performances that took place outside India to which the order relates in like manner as if they took place in India;
(c) to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.
(2) Every order made under sub-section (1) may provide that--
(i) the provisions of Chapter VIII, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order;
(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates;
(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order;
(iv) Chapter VIII of any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order;
(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.]
1 Ins. by Act 49 of 1999, s. 5 (w.e.f. 15-1-2000).
Section 41 Provisions as to works of certain international organisations.
(1) Where--
(a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and
(b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and
(c) either--
(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or
(ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue of this section, be copyright in the work throughout India.
(2) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.
(3) The organisations to which this section applies are such organisations as the Central Government may, by order published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.
(a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and
(b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and
(c) either--
(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or
(ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue of this section, be copyright in the work throughout India.
(2) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.
(3) The organisations to which this section applies are such organisations as the Central Government may, by order published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.
Section 42 Power to restrict rights in works of foreign authors first published in India.
If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian authors, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works.
Section 42A Power to restrict rights of foreign broadcasting organisations and performer’s.
1[42A. Power to restrict rights of foreign broadcasting organisations and performers.-- If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers:]
2[Provided that it does not exceed the period provided under this Act.]
2[Provided that it does not exceed the period provided under this Act.]
1. Ins. by Act 49 of 1999, s. 6 (w.e.f. 15-1-2000).
2. Ins. by Act 27 of 2012, s. 30 (w.e.f. 21-6-2012).
2. Ins. by Act 27 of 2012, s. 30 (w.e.f. 21-6-2012).
Section 43 Orders under this Chapter to be laid before Parliament.
Every order made by the Central Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.