The Copyright Act, 1957
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 44 Register of Copyrights.
There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.
Section 45 Entries in Register of Copyrights.
(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights:
1[Provided that in respect of an artistic work which is used or is capable of being used in 2[relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in 3[section 3 of the Trade Marks Act, 1999 (47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
1[Provided that in respect of an artistic work which is used or is capable of being used in 2[relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in 3[section 3 of the Trade Marks Act, 1999 (47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
1. The proviso added by Act 23 of 1983, s. 16 (w.e.f. 9-8-1984).
2. Subs. by Act 27 of 2012, s. 31, for "relation to any goods" (w.e.f. 21-6-2012).
3. Subs. by s. 31, ibid., for "section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)" (w.e.f. 21-6-2012).
2. Subs. by Act 27 of 2012, s. 31, for "relation to any goods" (w.e.f. 21-6-2012).
3. Subs. by s. 31, ibid., for "section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)" (w.e.f. 21-6-2012).
Section 46 Indexes.
There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.
Section 47 Form and inspection of register.
The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.
Section 48 Register of Copyrights to be prima facie evidence of particulars entered therein.
The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.
Section 49 Correction of entries in the Register of Copyrights.
The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by--
(a) correcting any error in any name, address or particulars; or
(b) correcting any other error which may have arisen therein by accidental slip or omission.
(a) correcting any error in any name, address or particulars; or
(b) correcting any other error which may have arisen therein by accidental slip or omission.
Section 50 Rectification of Register by High Court.
50. Rectification of Register by 1[High Court].--The 1[Hight Court], on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by--
(a) the making of any entry wrongly omitted to be made in the register, or
(b) the expunging of any entry wrongly made in, or remaining on, the register, or
(c) the correction of any error or defect in the register.
(a) the making of any entry wrongly omitted to be made in the register, or
(b) the expunging of any entry wrongly made in, or remaining on, the register, or
(c) the correction of any error or defect in the register.
1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 50A Entries in the Register of Copyrights, etc., to be published.
1[50A. Entries in the Register of Copyrights, etc., to be published.-- Every entry made in the Register of Copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rectification ordered under section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.]
1. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9-8-1984).
Section 51 When copyright infringed.
Copyright in a work shall be deemed to be infringed--
(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act--
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
1[(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or]
(b) when any person--
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports 2*** into India, any infringing copies of the work:
3[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.]
Explanation.-- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy".
(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act--
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
1[(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or]
(b) when any person--
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports 2*** into India, any infringing copies of the work:
3[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.]
Explanation.-- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy".
1. Subs. by Act 38 of 1994, s. 16, for sub-clause (ii) (w.e.f. 10-5-1995).
2. The brackets and words "(except for the private and domestic use of the importer)" omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1985).
3. Subs. by Act 38 of 1994, s. 16, for the proviso (w.e.f. 10-5-1995).
2. The brackets and words "(except for the private and domestic use of the importer)" omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1985).
3. Subs. by Act 38 of 1994, s. 16, for the proviso (w.e.f. 10-5-1995).
Section 52 Certain acts not to be infringement of copyright.
(1) The following acts shall not constitute an infringement of copyright, namely,--
1[(a) a fair dealing with any work, not being a computer programme, for the purpose of--
(i) private or personal use, including research;
(ii) criticism or review, whether of that work or of any other work;
(iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public;
Explanation.-- The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright.]
2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy--
(i) in order to utilise the computer programme for the purpose for which it was supplied; or
(ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;]]
3[(ab) the doing of any act necessary to obtain information essential for operating interoperability of an independently created computer programmes with other programmer by a lawful possessor of a computer programme provided that such information is not otherwise readily available;
(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use;]
4[(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;
(c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:
Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;
(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
(e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;
(f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force;
(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work;
(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists:
Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years.
Explanation. -- In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person;
(i) the reproduction of any work--
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the question to be answered in an examination; or
(iii) in answers to such questions;
5[(j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;]
(k) the causing of a recording to be heard in public by utilising it,--
(i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
(ii) as part of the activities of a club or similar organisation which is not established or conducted for profit;]
(l) the performance of a literary, dramatic or musical work by an amateur, club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;
6[(n) the storing of a work in any medium by Electronic means by a non-commercial public library, for preservation if the library already possesses a non-digital copy of the work;]
(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a 7[non-commercial public library] for the use of the library if such book is not available for sale in India;
(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access:
Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than 8[sixty years] from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last;
(q) the reproduction or publication of--
(i) any matter which has been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government;
(iv) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder--
(i) if no translation of such Act or rules or orders in that language has been previously been produced or published by the Government; or
(ii) where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public:
Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government;
9[(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;]
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;
(u) the inclusion in a cinematograph film of--
(i) any artistic work permanently situate in a public place or any premises to which the public has access; or
(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;
(v) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work:
Provided that he does not thereby repeat or imitate the main design of the work;
10[(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device;]
(x) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed:
Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;
(y) in relation to a literary, 11[dramatic, artistic or] musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein:
Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment
(i) identifying the work by its title or other description; and
(ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author;
12[(z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.
Explanation.-- For the purpose of this clause, religious ceremony includes a marriage procession and other social festivities associated with a marriage;]
13[(zb) the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by--
(i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or
(ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons:
Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production:
Provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business.
Explanation. -- For the purposes of this sub-clause, "any organisation" includes and organisation registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons with disability or reorgnised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 1996) or receiving grants from the government for facilitationg access to persons with disabilities or an educational institution or library or archives recognised by the Government;
(zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being lawfully.]
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.
1[(a) a fair dealing with any work, not being a computer programme, for the purpose of--
(i) private or personal use, including research;
(ii) criticism or review, whether of that work or of any other work;
(iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public;
Explanation.-- The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright.]
2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy--
(i) in order to utilise the computer programme for the purpose for which it was supplied; or
(ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;]]
3[(ab) the doing of any act necessary to obtain information essential for operating interoperability of an independently created computer programmes with other programmer by a lawful possessor of a computer programme provided that such information is not otherwise readily available;
(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use;]
4[(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;
(c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:
Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;
(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
(e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;
(f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force;
(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work;
(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists:
Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years.
Explanation. -- In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person;
(i) the reproduction of any work--
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the question to be answered in an examination; or
(iii) in answers to such questions;
5[(j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;]
(k) the causing of a recording to be heard in public by utilising it,--
(i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
(ii) as part of the activities of a club or similar organisation which is not established or conducted for profit;]
(l) the performance of a literary, dramatic or musical work by an amateur, club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;
6[(n) the storing of a work in any medium by Electronic means by a non-commercial public library, for preservation if the library already possesses a non-digital copy of the work;]
(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a 7[non-commercial public library] for the use of the library if such book is not available for sale in India;
(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access:
Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than 8[sixty years] from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last;
(q) the reproduction or publication of--
(i) any matter which has been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government;
(iv) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder--
(i) if no translation of such Act or rules or orders in that language has been previously been produced or published by the Government; or
(ii) where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public:
Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government;
9[(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;]
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;
(u) the inclusion in a cinematograph film of--
(i) any artistic work permanently situate in a public place or any premises to which the public has access; or
(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;
(v) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work:
Provided that he does not thereby repeat or imitate the main design of the work;
10[(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device;]
(x) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed:
Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;
(y) in relation to a literary, 11[dramatic, artistic or] musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein:
Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment
(i) identifying the work by its title or other description; and
(ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author;
12[(z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.
Explanation.-- For the purpose of this clause, religious ceremony includes a marriage procession and other social festivities associated with a marriage;]
13[(zb) the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by--
(i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or
(ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons:
Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production:
Provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business.
Explanation. -- For the purposes of this sub-clause, "any organisation" includes and organisation registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons with disability or reorgnised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 1996) or receiving grants from the government for facilitationg access to persons with disabilities or an educational institution or library or archives recognised by the Government;
(zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being lawfully.]
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.
1. Subs. by Act 27 of 2012, s. 32, for clause (a) (w.e.f. 21-6-2012).
2. Ins. by Act 38 of 1994, s. 17 (w.e.f. 10-5-1995).
3. Ins. by Act 49 of 1999, s. 7 (w.e.f. 15-1-2000).
4. Subs. by Act 27 of 2012, s. 32, for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) (w.e.f. 21-6-2012).
5. Subs. by Act 38 of 1994, s. 17, for clauses (j) and (k) (w.e.f. 10-5-1995).
6. Subs. by Act 27 of 2012, s. 32, for clause (n) (w.e.f. 21-6-2012).
7. Subs. by s. 32, ibid., for "public library" (w.e.f. 21-6-2012).
8. Subs. by Act 49 of 1999, s. 7, for "fifty years" (w.e.f. 15-1-2000).
9. Subs. by Act 38 of 1994, s. 17, for clause (s) (w.e.f. 9-8-1995).
10. Subs. by Act 27 of 2012, s. 32, for clause (w) (w.e.f. 21-6-2012).
11. Subs. by s. 32, ibid., for dramatic or (w.e.f. 21-6-2012)
12. Ins. by Act 38 of 1994, s. 17 (w.e.f. 9-8-1995).
13. Ins. by Act 27 of 2012, s. 32 (w.e.f. 21-6-2012).
2. Ins. by Act 38 of 1994, s. 17 (w.e.f. 10-5-1995).
3. Ins. by Act 49 of 1999, s. 7 (w.e.f. 15-1-2000).
4. Subs. by Act 27 of 2012, s. 32, for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) (w.e.f. 21-6-2012).
5. Subs. by Act 38 of 1994, s. 17, for clauses (j) and (k) (w.e.f. 10-5-1995).
6. Subs. by Act 27 of 2012, s. 32, for clause (n) (w.e.f. 21-6-2012).
7. Subs. by s. 32, ibid., for "public library" (w.e.f. 21-6-2012).
8. Subs. by Act 49 of 1999, s. 7, for "fifty years" (w.e.f. 15-1-2000).
9. Subs. by Act 38 of 1994, s. 17, for clause (s) (w.e.f. 9-8-1995).
10. Subs. by Act 27 of 2012, s. 32, for clause (w) (w.e.f. 21-6-2012).
11. Subs. by s. 32, ibid., for dramatic or (w.e.f. 21-6-2012)
12. Ins. by Act 38 of 1994, s. 17 (w.e.f. 9-8-1995).
13. Ins. by Act 27 of 2012, s. 32 (w.e.f. 21-6-2012).
Section 52A Particulars to be included in sound recording and video Films.
1[52A. Particulars to be included in records and video Films.-- (1) No person shall publish a 2[sound recording] in respect of any work unless the following particulars are displayed on the 2[sound recording] and on any container thereof, namely:--
(a) the name and address of the person who has made the record;
(b) the name and address of the owner of the copyright in such work; and
(c) the year of its first publication.
(2) No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof, namely:--
(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work;
(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film; and
(c) the name and address of the owner for the copyright in such work.]
(a) the name and address of the person who has made the record;
(b) the name and address of the owner of the copyright in such work; and
(c) the year of its first publication.
(2) No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof, namely:--
(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work;
(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film; and
(c) the name and address of the owner for the copyright in such work.]
1. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8-10-1984).
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 52B [Omitted.].
[Accounts and audit.] Omitted by the Copyright Act, 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012).
Section 53 Importation of infringing copies.
1[53. Importation of infringing copies.-- (1) The owner of any right conferred by this act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to be Commissioner of Customs, or to any other officer authorised in this behalf by the Central Board of Excise and Customs, --
(a) that he is the owner of the said right, with proof thereof, and
(b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice.
(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit:
Provided that owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies.
(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the such goods within forty-eight hours of their detention.
(4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under sub-section (1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.]
(a) that he is the owner of the said right, with proof thereof, and
(b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice.
(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit:
Provided that owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies.
(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the such goods within forty-eight hours of their detention.
(4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under sub-section (1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.]
1. Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21-6-2012)
Section 53A Resale share right in original copies.
1[53A. Resale share right in original copies.(1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:
Provided that such right shall cease to exist on the expiration of the term of copyright in the work.
(2) The share referred to in sub-section (1) shall be such as the 2[Commercial Court] may fix 3***:
Provided that the 2[Commercial Court] may fix different shares for different classes of work:
Provided further that in no case shall the share exceed ten percent, of the resale price.
(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the 2[Commercial Court] whose decision shall be final.]
Provided that such right shall cease to exist on the expiration of the term of copyright in the work.
(2) The share referred to in sub-section (1) shall be such as the 2[Commercial Court] may fix 3***:
Provided that the 2[Commercial Court] may fix different shares for different classes of work:
Provided further that in no case shall the share exceed ten percent, of the resale price.
(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the 2[Commercial Court] whose decision shall be final.]
1. Ins. by Act 38 of 1994, s. 18 (w.e.f. 10-5-1995).
2. Subs. by Act 33 of 2021, s.10, for "Appellate Board" (w.e.f. 4-4-2021).
3.The words "and the decision of the Appellate Board in this behalf shall be final" omitted by s. 10, ibid. (w.e.f. 4-4-2021).
2. Subs. by Act 33 of 2021, s.10, for "Appellate Board" (w.e.f. 4-4-2021).
3.The words "and the decision of the Appellate Board in this behalf shall be final" omitted by s. 10, ibid. (w.e.f. 4-4-2021).
Section 54 Definition.
For the purposes of this Chapter, unless the context otherwise requires, the expression owner of copyright shall include--
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the 1[Comnercial Court] by that author or his legal representatives.
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the 1[Comnercial Court] by that author or his legal representatives.
1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
Section 55 Civil remedies for infringement of copyright.
(1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:
Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical or artistic work, 1[or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.
Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical or artistic work, 1[or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.
1. Subs. by Act 27 of 2012, s. 35, for "a name purporting to be that of the author or the publisher, as the case may be, appear" (w.e.f. 21-6-2012).
Section 56 Protection of separate rights.
Subject to the provisions of this Act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.
Section 57 Author’s special rights.
1[(1) Independently of the authors copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right--
(a) to claim authorship of the work; and
((b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work 2*** if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.
Explanation.-- Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.]
(2) The right conferred upon an author of a work by sub-section (1), 3***, may be exercised by the legal representatives of the author.
(a) to claim authorship of the work; and
((b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work 2*** if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.
Explanation.-- Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.]
(2) The right conferred upon an author of a work by sub-section (1), 3***, may be exercised by the legal representatives of the author.
1 . Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10-5-1995)
2. The words "which is done before the expiration of the term of copyright" omitted by Act 27 0f 2012, s. 36 (w.e.f. 21-6-2012)
3. The words "other than the right to claim authorship of the work" omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012).
2. The words "which is done before the expiration of the term of copyright" omitted by Act 27 0f 2012, s. 36 (w.e.f. 21-6-2012)
3. The words "other than the right to claim authorship of the work" omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012).
Section 58 Rights of owner against persons possessing or dealing with infringing copies.
All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves--
(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves--
(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.
Section 59 Restriction on remedies in the case of works of architecture.
(1) Notwithstanding anything contained in 1[the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.
(2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.
(2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work.
1. Subs. by Act 23 of 1983, s. 21, for "the Specific Relief Act, 1877 (1 of 1877)" (w.e.f. 9-8-1984).