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What
is copyright?
Copyright
is a form of intellectual property protection granted under the
Indian Copyright Act 1957, to the creators of original works of
authorship such as literary works (including computer programmes,
tables and compilations), dramatic, musical and artistic works,
cinematographic films and sound recordings.
What
are the rights available through copyright protection?
Copyright
owners have the exclusive right to do or authorise the doing of any
of the following in respect of a work or any substantial part
thereof:
(I)
In case of a literary, dramatic or musical work not being a
computer programme -
-
to
reproduce the work in any material form including the storing of
it in any medium by electronic means;
-
to
issue copies of the work to the public not being copies already
in publication;
-
to
perform the work in public, or communicate it to the public;
-
to
make any cinematographic film or sound recording in respect of
the work;
-
to
make any translation of the work;
-
to
make any adaptation of the work;
-
to
do, in relation to a translation or adaptation of the work, any
of the acts specified in relation to the work in sub clauses (i)
to (vi)
(II)
In the case of a computer programme -
-
to
do any of the acts specified in para (I) above.
-
to
sell or give on hire, or offer for sale or hire a copy of the
computer programme, regardless of whether such copy has been
sold or given on hire on earlier occasions.
It may be noted that copyright confers a number of rights, some
or all of which can be granted to others either exclusively or
non-exclusively.
Is
it compulsory for a work to be published to receive copyright
protection? Would I have to register my work with Copyright Office
to get copyright protection?
Copyright
applies to both published and unpublished works. Further, it is not
necessary under the Indian Copyright Act to register with the
Copyright Office to get copyright protection.
Registration
of the work is however a highly recommended because such
registration is helpful in an infringement suit. As per the
Copyright Act, the Register of copyrights (where the details of the
work are entered on registration) is prima facie evidence of the
particulars entered therein. The documents purporting to be copies
of any entries therein, or extracts from the Register which are
certified by the Registrar of copyrights and sealed with the seal of
the Copyright Office, are admissible as evidence in all courts
without proof or production of the original.
Copyright
Act 1957
Top
NO.14
OF 1957
[4TH JUNE, 1957]
AN Act to amend and consolidate the law relating to copyright.
BE it enacted by Parliament in the Eighth Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1.Short title,extent and commencement:-(1) This Act may be called
the Copyright Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date{ 21st January,1958, vide
Notification No.269 dated 21-1-58 Gazette of India, Extraordinary
Part II Section 3 page 167} as the Central Government may, by
notification in the Official Gazette, appoint.
2.Interpretation:- In this Act, unless the context otherwise
requires,-
(a) "adapatation" means,-
( i ) in relation to a dramatic work, the conversion of the work
into a non-dramatic work;
( ii ) in relation to a literary work or an artistic work, the
conversion of the work into a dramatic work by way of performance in
public or otherwise;
( iii ) in relation to a literary or dramatic work, any abridgement
of the work or any version of the work in which the story or action
is conveyed wholly or mainly by means of pictures in a form suitable
for reproduction in a book, or in a newspaper, magazine or similar
per` iodical; and
( iv ) in relation to a musical work, any arrangement or
transcription of the work;
(b) "architectural work of art" means any building or
structure having an artistic character or design, or any model for
such building or structure;
(c) "artistic work" means---
( i ) a painting, a sculpture, a drawing (including a diagram, map,
chart or plan), an engraving or a photograph, whether or not any
such work possesses artistic quality;
(ii) an architectural work of art; and
( iii ) any other work of artistic craftsmanship;
(d) "author" means,-
( i ) in relation to literary or dramatic work, the author of the
work;
( ii ) in relation to a musical work, the composer;
( iii ) in relation to an artistic work other than a photograph, the
artist;
( iv ) in relation to a photograph, the person taking the
photograph;
( v ) in relation to a cinematograph film, the owner of the film at
the time of its completion; and
( vi ) in relation to a record, the owner of the original plate from
which the record is made, at the time of the making of the plate;
(e) "calendar year" means the year commencing on the 1st
day of January;
(f) "cinematograph film" includes the sound track, if any,
and "cinematograph" shall be construed as including any
work produced by any mechanical instrument or by radio-diffusion;
(g) "delivery", in relation to a lecture, includes
delivery by means of any mechanical instrument or by
radio-diffusion;
(h) "dramatic work" includes any piece for recitation,
choregraphic work or entertainment in dumb show, the scenic
arrangement or acting form of which is fixed in writing or other
wise but does not include a cinematograph film;
( i ) "engravings" include etchings, lithographs,
wood-cuts, prints and other similar works, not being photographs;
( j ) "exclusive licence" means a licence which confers on
the licensee or on the licenses and persons authorised by him, to
the exclusion of all other persons (including the owner of the copy
right), any right comprised in the copyright in a work, and
"exclusive licensee" shall be construed accordingly;
(k) "Government work" means a work which is made or
published by or under the direction or control of---
( i ) the government or any department of the Government;
( ii ) any Legislature in India;
( iii ) any court, tribunal or other judicial authority in India;
( l ) "Indian work" means a literary, dramatic or musical
work, the author of which is a citizen of India;
( m ) "infringing copy" means, ---
( i ) in relation to a literary, dramatic, musical or artistic work,
a reproduction thereof otherwise than in the form of a cinematograph
film;
( ii ) in relation to a cinematograph film, a copy of the film or a
record embodying the recording in any part of the sound track
associated with the film;
( iii ) in relation to a record, any such record embodying the same
recording; and
( iv ) in relation to a programme in which a broadcast reproduction
right subsists under section 37, a record recording the programme,
if such reproduction, copy or record is made or imported in
contravention of the provisions of this Act;
( n ) "lecture" includes address, speech and sermon;
( o ) "literary work" includes tables and compilations;
( p ) "musical work" means any combination of melody and
harmony or either of them, printed, reduced to writing or otherwise
graphically produced or reproduced;
( q ) "performance" includes any mode of visual or
acoustic presentation, including any such presentation by the
exhibition of a cinematograph film, or by means of radio-diffusion,
or by the use of a record, or by any other means and , in relation
to a lecture, includes the delivery of such lecture;
( r ) "performing rights society" means a society,
association or other body, whether incorporated or not, which
carries on business in India of issuing or granting licences for the
performance in India of any works in which copyright subsists;
( s ) "photograph" includes photo-lithograph and any work
produced by any process analogous to photography but does not
include any part of a cinematograph film;
( t ) "plate" includes any stereotype or other plate,
stone, block, mould, matrix, transfer, negative or other device used
or intended to be used for printing or reproducing copies of any
work, and any matrix or other appliance by which records for the
acoustic presentation of the work are or are intended to be made;
( u ) "prescribed" means prescribed by rules made under
this Act;
( v ) "radio-diffusion" includes communication to the
public by any means of wireless diffusion whether in the form of
sounds or visual images or both;
(w) "record" means any disc, tape, perforated roll or
other device in which sounds are embodied so as to be capable of
being reproduced therefrom, other than a sound track associated with
a cinematograph film;
(x) "recording" means the aggregate of the sounds embodied
in and capable of being reproduced by means of a record;
(y) "work" means any of the following works, namely:-
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) a record;
(z) " work of joint authorship" means a work produced by
the collaboration of two or more authors in which the contribution
of one authors in which the contribution of one author is not
distinct from the contribution of the other author or authors;
(za) "work of sculpture" includes casts and models.
3.Meaning of publication:- For the purposes of this Act,
"publication" means,-----
(a) in the case of a literary, dramatic, musical or artistic work,
the issue of copies of the work to the public in sufficient
quantities;
(b) in the case of a cinematograph film, the sale or hire or offer
for sale or hire of the film or copies thereof to the public;
(c) in the case of a record, the issue of records to the public in
sufficient quantities;
but does not, except as otherwise expressly provided in this Act,
includes,------
(i) in the case of a literary, dramatic or musical work, the issue
of any recording such work;
(ii) in the case of a work of sculpture or an architectural work of
art, the issue of photographs and engravings of such work.
4.when work not deemed to be published or performed in
public:-Except in relation to infringement of copyright, a work
shall not be deemed to be published or performed in public, if
published, or performed in public, without the licence of the owner
of the copyright.
5.when work deemed to be first published in India:- For the purposes
of this Act, a work published in India shall be deemed to be first
published in India, notwithstanding that it has been published
simultaneously in some other country, unless such other country
provides a shorter term of copyright for such work; and a work shall
be deemed to be published simultaneously in India and in another
country if the time between the publication in India and the
publication in such other country does not exceed thirty days or
such other period as the Central Government may, in relation to any
specified country, determine.
6.Certain disputes to be decided by Copyright Board:- If any
question arises,-
(a) Whether for the purposes of section 3, copies of any literary,
dramatic, musical or artistic work, or records are issued to the
public in sufficient quantities; or
(b) Whether for the purposes of section 5, the term of copyright for
any work is shorter in any other country than that provided in
respect of that work under this Act;
it shall be referred to the Copyright Board constituted under
section 11 whose decision thereon shall be final.
7.Nationality of author where the making of unpublished work is
extended over considerable period:- Where, in the case of an
unpublished work, the making of the work is extended over a
considerable period, the author of the work shall, for the purposes
of this Act, be deemed to be a citizen of, or domiciled in, that
country of which he was a citizen or wherein he was domiciled during
any substantial part of that period.
8.Domicile of corporations:- For the purposes of this Act, a body
corporate shall be deemed to be domiciled in India if it is
incorporated under any law in force in India
| What
is Copyright and who is the Owner |
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NO.14
OF 1957
[4TH JUNE, 1957]
CHAPTER
IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17.First owner of copyright:- Subject to the provisions of
this Act, the author of a work shall be the first owner of the
copyright therein:
Provided that--
(a) in the case of a literary, dramatic or artistic work made
by the author in the course of his employment by the
proprietor of a newspaper, magazine or similar periodical
under a contract of service or apprenticeship, for the purpose
of publication in a newspaper, magazine or similar periodical,
the said proprietor shall, in the absence of any agreement to
the contrary, be the first owner of the copyright in the work
in so far as the copyright relates to the publication of the
work in any newspaper, magazine or similar periodical, or to
the reproduction of the work for the purpose of its being so
published, but in all other respects the author shall be the
first owner of the copyright in the work;
(b) Subject to the provisions of clause (a), in case of a
photograph taken, or a painting or portrait drawn, or an
engraving or a cinematograph film made, for valuable
consideration at the instance of any person, such person
shall, in the absence of any agreement to the contrary, be the
first owner of the copyright therein;
(c) in the case of a work made in the course of the author's
employment under a contract of service or apprenticeship, to
which clause (a) or clause (b) does not apply, the employer
shall, in the absence of any agreement to the contrary, be the
first owner of the copyright therein;
(d) in the case of the Government work, Government shall, in
the absence of any agreement to the contrary, be the first
owner of the copyright therein;
(e) in the case of a work to which the provisions of section
41 apply, the international organisation concerned shall be
the first owner of the copyright therein.
18.Assignment of copyright:- (1) The owner of the copyright in
an existing work or the prospective owner of the copyright in
a future work may assign to any person the copyright either
wholly or partially and either generally or subject to
limitations and either for the whole term of the copyright or
any part thereof:
Provided that in the case of the assignment of copyright in
any future work, the assignment shall take effect only when
the work comes into existence.
(2) Where the assignee of a copyright becomes entitled to any
right comprised in the copyright, the assignee as respects the
rights so assigned, and the assignor as respects the rights
not assigned, shall be treated for the purposes of this Act as
the owner of copyright and the provisions of this Act shall
have effect accordingly.
(3) In this section, the expression "assignee" as
respects the assignment of the copyright in any future work
includes the legal representatives of the assignee, if the
assignee dies before the work comes into existence.
19.Mode of assignment:- No assignment of the copyright in any
work shall be valid unless it is in writing signed by the
assignor or by his duly authorised agent.
20.Transmission of copyright in manuscript by testamentary
disposition:- Where under a bequest a person is entitled to
the manuscript of a literary, dramatic or musical work, or to
an artistic work, and the work was not published before the
death of the testator, the bequest shall, unless the contrary
intention is indicated in the testator's will or any codicil
thereto, be construed as including the copyright in the work
in so far as the testator was the owner of the copyright
immediately before his death.
Explanation:- In this section, the expression
"manuscript" means the original document embodying
the work, whether written by hand or not.
21.Right of author to relinquish copyright:- (1) The author of
a work may relinquish all or any of the rights comprised in
the copyright in the work by giving notice in the prescribed
from to the Registrar of Copyrights and thereupon such rights
shall, subject to the provisions of sub-section (3), cease to
exist from the date of the notice.
(2) On receipt of a notice under sub-section (1), the
Registrar of Copyrights shall cause it to be published in the
Official Gazette and in such other manner as he may deem fit.
(3) The relinquishment of all or any of the rights comprised
in the copyright in a work shall not affect any rights
subsisting in favour of any person on the date of the notice
referred to in sub-section (1).
CHAPTER V
TERM OF COPYRIGHT
22.Term of copyright in published literary, dramatic, musical
and artistic works:- Except as otherwise hereinafter provided,
copyright shall subsist in any literary, dramatic, musical or
artistic work (other than a photograph) published within the
lifetime of the author until fifty years from the beginning of
the calendar year next following the year in which the author
dies.
Explanation.-In this section the reference to the author
shall, in the case of a work of joint authorship, be construed
as a reference to the author who dies last.
23.Term of copyright in anonymous and pseudonymous works:- (1)
In the case of a literary, dramatic, musical or artistic work
(other than a photograph), which is published anonymously or
pseudonymously, copyright shall subsist until fifty years from
the beginning of the calendar year next following the year in
which the work is first published:
(2) In sub-section (1), references to the author shall, in the
case of an anonymous work of joint authorship, be construed,-
(a) where the identity of one of the authors is disclosed, as
references to that author;
(b) Where the identity of more authors than one is disclosed,
as references to the author who dies last from amongst such
authors.
(3) In sub-section (1), references to the author shall, in the
case of a pseudonymous work of joint authorship, be
construed,-
(a) where the names of one or more (but not all) of the
authors are pseudonyms and his or their identity is not
disclosed, as references to the author whose name is not a
pseudonym, or, if the names of two or more of the authors are
not pseudonyms, as references to such of those authors who
dies last;
(b) where the names of one or more (but not all) of the
authors are pseudonyms and the identity of one or more of them
is disclosed, as references to the author who dies last from
amongst the authors whose names are not pseudonyms and the
authors whose names are pseudonyms and are disclosed; and
(c) where the names of all the authors are pseudonyms and the
identity of one of them is disclosed, as references to the
author whose identity is disclosed or if the identity of two
or more of such authors is disclosed, as references to such of
those authors who dies last.
Explanation.-For the purposes of this section, the identity of
an author shall be deemed to have been disclosed, if either
the identity of the author is disclosed publicly by both the
author and the publisher or is otherwise established to the
satisfaction of the Copyright Board by that author.
24.Term of copyright in posthumous work:- (1) In the case of
literary, dramatic or musical work or an engraving, in which
copyright subsists at the date of the death of the author or,
in the case of any such work of joint authorship, at or
immediately before the date of the death of the author who
dies last, but which, or any adaptation of which, has not been
published before that date, copyright shall subsist until
fifty years from the beginning of the calendar year next
following the year in which the work is first published or,
where an adaptation of the work is published in any earlier
year, from the beginning of the calendar year next following
that year.
(2) For the purposes of this section a literary, dramatic or
musical work or an adaptation of any such work shall be deemed
to have been published, if it has been performed in public or
if any records made in respect of the work have been sold to
the public or have been offered for sale to the public.
25.Term of copyright in photographs:- In the case of a
photograph, copyright shall subsist until fifty years from the
beginning of the calendar year next following the year in
which the photograph is published.
26.Term of copyright in cinematograph films:- In the case of a
cinematograph film, copyright shall subsist until fifty years
from the beginning of the calendar year next following the
year in which the film is published.
27.Term of copyright in records:- In the case of a record,
copyright shall subsist until fifty years from the beginning
of the calendar year next following the year in which the
record is published.
28.Term of copyright Government works:- In the case of
Government work, where Government is the first owner of the
copyright therein, copyright shall subsist until fifty years
from the beginning of the calendar year next following the
year in which the work is first published.
29.Term of copyright in works of international organisation:-
In the case of a work of an international organisation to
which the provisions of section 41 apply, copyright shall
subsist until fifty years from the beginning of the calendar
year next following the year in which the work is first
published.
CHAPTER VI
LICENCES
30.Licences by owners of copyright:- The owner of the
copyright in any existing work or the prospective owner of the
copyright in any future work may grant any interest in the
right by licence in writing signed by him or by his duly
authorised agent:
Provided that in the case of a licence relating to copyright
in any future work, the licence shall take effect only when
the work comes into existence.
Explanation.-Where a person to whom a licence relating to
copyright in any future work is granted under this section
dies before the work comes into existence, his legal
representatives shall, in the absence of any provision to the
contrary in the licence, be entitled to the benefit of the
licence.
31.Compulsory licence in works withheld form public:- (1) If
at any time during the term of copyright in any Indian work
which has been published or performed in public, a complaint
is made to the Copyright Board that the owner of copyright in
the work-----
(a) has refused to republish or allow the republication of the
work or has refused to allow the performance in public of the
work, and by reason of such refusal the work is withheld from
the public; or
(b) has refused to allow communication to the public by
radio-diffusion of such work or in the case of a record the
work recorded in such record, on terms which the complaint
considers reasonable;
the Copyright Board, after giving to the owner of the
copyright in the work a reasonable opportunity of being heard
and after holding such inquiry as it may deem necessary, may,
if it is satisfied that the grounds for such refusal are not
reasonable, direct the Registrar of Copyrights to grant to the
complainant a licence to republish the work, perform the work
in public or communicate the work to the public by
radio-diffusion, as the case may be, subject to payment to the
owner of the copyright of such compensation and subject to
such other terms and conditions as the Copyright Board may
determine; and thereupon the Registrar of Copyright shall
grant the lincence to the complainant in accordance with the
directions of the Copyright Board, on payment of such fee as
may be prescribed.
Explanation.-In this sub-section, the expression "Indian
work" includes-
(i) an artistic work, the author of which is a citizen of
India; and
(ii) a cinematograph film or a record made or manufactured in
India.
(2) Where two or more persons have made a complaint under
sub-section (1), the licence shall be granted to the
complainant who in the opinion of the Copyright Board would
best serve the interest of the general public.
32.Licence to produce and publish translations:- (1) Any
person may apply to the Copyright Board for a licence to
produce and publish a translation of a literary or dramatic
work in any language.
(2) Every such application shall be made in such form as may
be prescribed and shall state the proposed retail price of a
copy of the translation of the work.
(3) Every applicant for a licence under this section shall,
along with his application, deposit with the Registrar of
Copyrights such fee as may be prescribed.
(4) Where an application is made to the Copyright Board under
this section, it may, after holding such inquiry as may be
prescribed, grant to the applicant a licence, not being an
exclusive licence, to produce and publish a translation of the
work in the language mentioned in the application, on
condition that the applicant shall pay to the owner of the
copyright in the work royalties in respect of copies of the
translation of the work sold to the public, calculated at such
rate as the Copyright Board may, in the circumstances of each
case, determine in the prescribed manner:
Provided that no such licence shall be granted, unless-
(a) a translation of the work in the language mentioned in the
application has not been published by the owner of the
copyright in the work or any person authorised by him, within
seven years of the first publication of the work, or if a
translation has been so published, it has been out of print;
(b) the applicant has proved to the satisfaction of the
Copyright Board that he had requested and had been denied
authorisation by the owner of the copyright to produce and
publish such translation, or that he was unable to find the
owner of the copyright;
(c) where the applicant was unable to find the owner of the
copyright, he had sent a copy of his request for such
authorisation to the publisher whose name appears from the
work, not less than two months before the application for the
licence;
(d) the Copyright Board is satisfied that the applicant is
competent to produce and publish a correct translation of the
work and possesses the means to pay to the owner of the
copyright the royalties payable to him under this section;
(e) the author has not withdrawn from circulation copies of
the work; and
(f) an opportunity of being heard is given, wherever
practicable, to the owner of the copyright in the work. |
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