Wednesday, 10 March 2021

The Copyright Act, 1957

 (m) The publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public


(n) The making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plant) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India.


(o) The reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access.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 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 fifty 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 identify is known or, if the identify of more authors than one is known from the death of such of those authors who dies last.


(p) The reproduction or publication of-


(i) Any matter which has been published in any Gazette except an Act if 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 nay 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 Legislature, unless the reproduction or publication of such report is prohibited by the Government.


(iv) Any judgement or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the tribunal or other judicial authority, as the case may be


(q) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made there under-


(i) If no translation of such Act or rules or orders in that language has 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.


(r) [(Note: subs. by Act 38 of 1994, S.17 (w.e.f. a date to be notified)) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture.]


(s) 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 (e) of Section 2, if such work is permanently situate in a public place or any premises to which the public has access.


(t) 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,


(u) 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


(v) (Note: Omitted by Act 38 of 1994, S.17 (w.e.f. a date to be notified))


(w) The reconstruction of a building or structure in accordance with the architectural drawings or plans by references 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,


(x) In relation to a literary, dramatic 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 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 acknowledge –


(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 acknowledgement of his name should be made, also identifying the author.


(y) [(Note: Ins. by Act 38 of 1994, S.17 (w.e.f. a date to be notified)) 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 purpose on the ground of its exceptional documentary character.


(z) 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.]


(2) The provision of sub section (I) 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.



52A. Particulars to be included in sound recordings and video films –

(1)No person shall publish a [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound recording] in respect of any work unless the following particulars are displayed on the [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound recording] and on nay container thereof, namely :-


(a) The name and address of the person who has made the [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound recording];


(b) The name and address of the owner of the copyright is 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 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 5-A 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 of the copyright in such work.



52B. Accounts and audit –

(1) Every copyright society appointed under Section 345-A shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.


(2) The accounts of each of the copyright societies in relation to the payments received from the Central Government shall be audited by the Comptroller and Auditor-General of India such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the copyright society to the Comptroller and Auditor General.


(3) The Comptroller and Auditor-General of India or any other person appointed by him in connection with the audit of the accounts of the copyright society referred to in sub section (2) shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts and other documents and papers and to inspect any of the offices of the copyright society for the purpose only of such audit.


(4) The accounts of each of the copyright societies as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.


53. Importation of infringing copies –

(1) The Registrar of Copyrights, on application by the owner of the copyright in nay work or by his duly authorised agent and on payment of the prescribed fee, may, after making such inquiry as he deems fit, order that copies made out of India, of the work which if made in India would infringe copyright shall not be imported.


(2) Subject to any riles made under this Act, the Registrar of Copyrights or any person authorised by him in this behalf may enter any ship, dock or premises where any such copies as are referred to in sub section (1) may be found and may examine such copies.


(3) All copies to which any order made under sub section (1) applies shall be deemed to be goods of which the import has been prohibited or restricted [(Note: Subs. for “under Section 19 of the Sea Customs Act, 1871” by Act 23 of 1983, S.19 (w.e.f. 9-8-1984)) under section 11 of the Customs Act, 1962 (51 of 1962)], and all the provisions of that Act shall have effect accordingly:


Provided that all such copies confiscated under the provisions of the said Act shall not vest in the Government but shall be delivered to the owner of the copyright in the work.



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 on 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 Copyright Board may fix and the decision of the Copyright Board in this behalf shall be final :


Provided that the Copyright Board may fix different shares for different classes of work:


Provided further that in no case shall the share exceed ten per cent of the resale price.


(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the Copyright Board whose decision shall be final.



CHAPTER XII – Civil Remedies


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 disclose publicly by the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author or his legal representatives.



55. Civil remedies for infringement of copyright –

(1) Where copyright is 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, a name purporting to be that of the author or the publisher, as the case may be, 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 provided, to be the author or the publisher of the work, as the case may be.


(3) The costs of all parties in any proceeding in respect of the infringement of copyright shall be in the discretion of the court.


NOTES


Injunctions – The power of the Court to grant a temporary injunction is not limited by the absence of any finding on the question of jurisdiction which has been raised in the case.


The precise rule of law contained in cl. (f), S.56, Specific Relief Act, cannot, interfere in any way with the discretion of the Court in regard to a temporary injunction the grant of which should therefore be governed by other principles.



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 person, 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.



57. Authors special rights –

[(Note: Subs. by Act 38 of 1994, S.20(w.e.f. a date to be notified)) (1) Independently of the author’s 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 which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honor 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 them satisfaction of the author shall not be deemed to be an infringement of the right conferred by this section.


(2) The right conferred upon an author of a work by sub section (1), other than the right to claim authorship of the work, may be exercised by the legal representatives of the author.



58. Right 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 not 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.


NOTES


Infringing copies and price of copies sold can be recovered by owner of copyright – Gopal Das v. Jagannath Prasad. AIR 1938 ALL 266.



59. Restriction on remedies in the case of works of architecture –

(1) Notwithstanding anything contained in [Note: Subs. for “the Specific Relief Act,1877” by Act 23 of 1983, S.20 (w.e.f. 9-8-1984)) 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.



60. Remedy in the case of groundless threat of legal proceedings –

Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained [(Note: Subs. for “in Section 42 of the Specific Relief Act,1877” by Act 23 of 1983, S.21 (w.e.f. 9-8-1984)) in section 34 of the Specific Relief Act,, 1963 (47 of 1963)] institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit-


(a) Obtain an injunction against the continuance of such threats, and


(b) Recover such damages, if any, as he has sustained by reason of such threats:


Provided that this section shall not apply if the person making such threats, with due diligence, commences and prosecutes an action of infringement of the copyright claimed by him.



61. Owner of copyright to be party to the proceeding –

(1) In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee.


(2) Where any civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.



62. Jurisdiction of court over matters arising under this Chapter –

(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.


(2) For the purpose of sub section (1), a “district court having jurisdiction ” shall notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction , at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.



CHAPTER XIII – Offences


63. Offence of infringement of copyright or other rights conferred by this Act –

Any person who knowingly infringes or abets the infringement of-


(a) The copyright in a work, or (b) Any other right concerned by this Act [(Note: Ins. by Act 38 of 1994, S.21 (w.e.f. a date to be notified)) except the right conferred by Section 53-A]


[(Note: Subs. by Act 65 of 1984, S.5 (w.e.f. 8-10-1984)) shall be punishable with imprisonment for a term which shall not be less than six months but which may extended to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:


Provided that [(Note: Ins. by Act 38 of 1994, S.21 (w.e.f. a date to be notified)) where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]


Explanation – Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.



63-A. Enhanced penalty on second and subsequent convictions –

Whoever having already been convicted of an offence under Section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakhs rupees.


Provided that [(Note: Ins. by Act 38 of 1994, S.22 (w.e.f. a date to be notified)) where the infringement has not been made for again in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees.


Provided further that for the purpose of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]



63-B. Knowing use of infringing copy of computer programme to be an offence –

Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.


Provided that where the computer programme has not been used for gain or in the course of trade or business, the court may, for adequate and special reasons to be mentioned in the judgement, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.



64. Power of police to seize infringing copies –

[Note: Subs. for sub-section (1) by Act 65 of 1984, S.7 (w.e.f. 8-10-1984)) (1) Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence under Section 63 in respect of the infringement of copyright in work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.]


(2) Any person having an interest in any copies of a work [(Note: Ins. by Act 65 of 1984, S.7 (w.e.f. 8-10-1984)) , or plates] seized under sub section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies [(Note: Ins. by Act 65 of 1984, S.7 (w.e.f. 8-10-1984)) or plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application, as he may deem fit.



65. Possession of plates for purpose of making infringing copies –

Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to [(Note: Subs. for “one year, or with fine, or with both” by Act 65 of 1984,S.8 (w.e.f. 8-10-1984)) two years and shall also be liable to fine.]



66. Disposal of infringing copies or plates for purpose of making infringing copies –

The court trying and offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright.



67. Penalty for making false entries in register etc, for producing or tendering false entries

Any person who,-


(a) Makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or


(b) Makes a causes to be made a writing falsely purporting to be a copy of any entry in such register, or


(c) Produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false.


Shall be punishable with imprisonment which may extend to one year, or with fine, or with both.



68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer

-Any person who –


(a) With a view to deceiving any authority or officer in the execution of the provisions of this Act, or


(b) With a view to procuring or influencing the doing or omission of anything in relation to this act or any matter there under , makes a false statement or representation knowing the same to be false , shall be punishable with imprisonment which may extend to one year, or with fine, or with both.



68-A. Penalty for contravention of Section 52-A. –


Any person who publishes a [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) sound recording] or a video film in contravention of the provisions of Section 52-A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.]


69. Offences by companies –

(1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.


Provided that nothing contained in this sub section shall render any person liable to nay punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.


(2) Notwithstanding anything contained in sub section (1), where an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of , any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


Explanation – For the purposes of this section –


(a) “Company” means any body corporate and includes a firm or other association of persons, and


(b) “Director” in relation to a firm means a partner in the firm.



70. Cognizance of offences –

No court inferior to that of [(Note: Subs. for “a Presidency Magistrate or a Magistrate of the first class” by Act 23 of 1983, S.22 (w.e.f. 9-8-1984)) a Metropolitan Magistrate or Judicial Magistrate of the first class] shall try any offence under this Act.



CHAPTER XIV – Appeals


71. Appeals against certain orders of Magistrate –

Any person aggrieved by an order made under sub section (2) of Section 64 or Section 66 may, within thirty days of the date of such order, appeal to the court to which appeals from the court making he order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.



72. Appeals against orders of Registrar of Copyrights and Copyright Board –

(1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board.


(2) Any person aggrieved by any final decision or order of the Copyright Broad, not being a decision or order made in an appeal under sub section (1), may within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain.


Provided that no such appeal shall lie against a decision of the Copyright Board under Section 6.


(3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.



73. Procedure for appeals –

This High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under Section 72.



CHAPTER XV – Miscellaneous


74. Registrar of Copyrights and Copyright Board to possess certain powers of civil courts –

The Registrar of Copyright and the Copyright Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 ( 5 of 1908) in respect of the following matters, namely :-


(a) Summoning and enforcing the attendance of any person and examining him and oath :


(b) Requiring the discovery and production of any document


(c) Receiving evidence on affidavits :


(d) Issuing commissions for the examinations of witnesses or documents :


(e) Requisitioning any public record or copy thereof from any court or office :


(f) Any other matter which may be prescribed.


Explanation – For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the Copyrights Board, as the case may be, shall be the limits of the territory of India.



75. Orders for payment of money passed by Registrar of Copyrights and Copyright Broad to be executable as a decree –

Every order made by the Registrar of Copyrights or the Copyright Board under this Act for the payment of any money or by the High Court in any appeal against any such order of the Copyright Board shall, on a certificate issued by the Registrar of Copyrights, the Copyright Board or the Registrar of the High Court, as the case may be, de deemed to be a decree of a civil court and shall be executable in he same manner as a decree of such court.



76. Protection of action taken in good faith –

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.



77. Certain persons to be public servants –

Every officer appointed under this Act and every member of the Copyright Broad shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860).



78. Power to make rules –

(1) The Central Government may, by notification in the Official Gazette, make rules (Note: For the Copyright Rules,1958, see. Gazette of India, Extraordinary, Part II, Section 3, p.167) for carrying out the purposes of this Act.


(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely –


(a) The term of office and conditions of service of the Chairman and other members of the Copyright Broad


(b) The form of complaints and applications to be made, and the licence to be granted under this Act,


(c) The procedure to be followed in connection with any proceeding before the Registrar of Copyrights,


(ca) [(Note: Ins. by Act 38 of 1994, S.24 (w.e.f. a date to be notified)) the conditions for submission of application under sub section (2) of Section 33,


(cb) The conditions subjects to which a copyright society may be registered under sub section (3) of Section 33.


(cc) The inquiry for cancellation of registration under sub section (4) of Section 33


(cd) The conditions subject to which the copyright society may accept authroisation under clause (a) of sub section (1) of Section 34 and the conditions subject to which owners of rights have right to withdraw such authorisation under clause (d) of that sub section.


(ce) The manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilization of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub section (1) of Section 36.


(cf) The manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub-section (1) of Section 35;


(cg) The returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of Section 36;]


(d) The manner of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;


(da) [(Note: Ins. by Act 38 of 1994, S.24 (w.e.f. a date to be notified)) The manner of payment of royalty under clause (j) of sub-section (1) of Section 52;


(db) The form and the manner in which the copyright society shall maintain accounts and other relevant records and prepare annual statements of accounts and the manner in which the quantum of remuneration is to be paid to individual owner of rights under sub section (I) of Section 52-B.]


(e) The form of Register of Copyrights to be kept under this Act and the particulars to be entered therein.


(f) The matters in respect of which the Registrar of Copyrights and the Copyright Board shall have powers of a civil court.


(g) The fees which may be payable under this Act.


(h) The regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights.


(3) [(Note: Subs. for sub-section 3 by Act 23 of 1983, Section 23 (w.e.f. 9-8-1984)) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]



79. Repeals, savings and transitional provisions –

(1) The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the Untied Kingdom as modified in its application to India by the Indian Copyright Act, 1914, are hereby repealed.


(2) Where nay person has , before the commencement of this Act, taken any action whereby he has incurred and expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, bur for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interest arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by the Copyright Board.


(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub section (1).


(4) Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprising such copyright such copyright shall, as form the date of such commencement, e the rights specified in Section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be-


(a) In any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest.


(b) In any other case, the person who was first owner of the copyright in the work under any Act repealed by sub section (1) or his legal representatives.


(5) Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period which he would have been entitled thereto if this Act and come into force.


(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.


(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clause Act, 1897 (10 of 1897), with respect to the effect of repeals.



Rules


CHAPTER I – Preliminary


1. Short title, extent and commencement –

(Note: Published in the Gazette of India, Extraordinary, 1958, Pt. II, S.3m p.167.) S.R.O. 270, dated the 21st January, 1858. – In excercise of the powers conferred by Section 78 of the Copyright Act, 1857 (14 of 1957) the Central Government hereby makes the following rules, namely –


1. Short title, extent and commencement – (1) These rules may be called the Copyright Rules, 1958.


(2) They extend to the whole of India.


(3) They shall come into force on the date on which the Act comes into quires, –



2. Interpretations –

In these rules, unless the context otherwise requires, –


(a) “Act” means the Copyright Act, 1957 (14 of 1957);


(b) “Form” means a form set out in the First Schedule;


(c) “Schedule” means a Schedule to these rules; and


(d) “Section” means a section of the Act.



CHAPTER II – The Copyright Board


3. Terms and conditions of office of the Chairman and members of the Copyright Board –

(1) The Chairman and other members of the Copyright Board shall be appointed for such period not exceeding five years as the Central Government may in each case deem fit .


(2) The Chairman and other members of the Copyright Board shall, on the expiry of the period of their appointment, be eligible for reappointment.


(3) The Chairman or any other member of the Copyright Board may resign his office by giving three months notice in writing to the Central Government.


(4) The Chairman or any other member of the Copyright Board shall be paid such salary or honorarium as may be determined by the Central Government in each case.


(5) A non-official appointed as the Chairman or other member of the Copyright Board shall be entitled to traveling allowances for journeys performed on duty and to daily allowances for the period spent on duty on the scale provided in the rules applicable to the class of officers to which the Central Government may declare him to correspond in status:


Provided that it shall be competent for the Central Government to provide a different scale of such allowances if the circumstances of any case so require.


(6) An official appointed as the chairman or other member of the Copyright Board shall be entitled to such traveling allowances for journeys performed on duty and to such daily allowances for the period spent on duty as may be admissible to him as such official.


(7) The other conditions of service of the Chairman and other members of the Copyright Board shall be regulated by orders made in that behalf by the Central Government from time to time.



4. Functions of the Secretary of the Copyright Board –

The Registrar or Copyrights shall perform all secretarial functions relating to the Copyright Board under the direction and control of the Chairman of the Copyright Board.



CHAPTER III – Relinquishment of Copyright


5. Notice of relinquishment –

The author of a work desiring to relinquish under Section 21 all or any of the rights comprised in the copyright in the work shall give notice to the Registrar of Copyrights in accordance with Form I.



CHAPTER IV – Licences for Translations


6. Application for licence –

(1) An application for a licence under Section 32 to produce and publish a translation of a literary or dramatic work in any language shall be made in triplicate in accordance with Form II and shall be accompanied by the fee prescribed in the Second Schedule.


(2) Every such application shall be in respect of one work only and for translation of that work into one language only.



7. Notice of application –

(1) When any such application has been made, the Copyright Board shall, as soon as possible, give notice of the application in the official Gazette and also, if the Copyright Board thinks fit, in one or two newspapers and shall send a copy of the notice to the owner of the copyright, wherever practicable.


(2) Every such notice shall contain the following particulars:-


(a) The date of the application;


(b) The name, address and nationality of the applicant;


(c) Particulars of the work which is to be translated;


(d) The date and country of the first publication of the work;


(e) The name, address and nationality of the owner of the copyright as stated in the application;


(f) The language in which the work is to be translated; and


(g) The Registration Number of the work in the Register of Copyrights, if any.



 8. Consideration of the application –

(1) The Copyright Board shall consider the application after the expiry of not less than one hundred and twenty days from the date of the publication of the notice in the official Gazette.


(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.


(3) If more than one application for translation of the work in the same language is pending before the Copyright Board at the expiry of one hundred and twenty days after the publication in the official Gazette of the notice of the application first received, all such applications shall be considered together.


(4) If the Copyright Board is satisfied that the licence for a translation of the work in the language applied for may be granted to the applicant, or, if there are more applicants than one, to such one of the applicants as, in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a licence accordingly.


(5) Every such licence shall be subject to the condition provided in subsection (4) of Section 32 relating to the payment of royalties and shall specify –


(a) The period within which the translation shall be produced and published;


(b) The language in which the translation shall be produced and published;


(c) The rate at which royalties in respect of the copies of the translation of the work sold to the public shall be paid to the owner of the copyright in the work; and


(d) The person or persons to whom such royalties shall be payable.


(6) The grant of every such licence shall, as soon as possible, be notified in the official Gazette and in the newspapers, if any, in which the notice under Rule 7 was published and a copy of the lincence shall be sent to the other parties concerned.



9. Manner of determining royalties –

The Copyright Board shall determine the royalties payable to the owner of the copyright under subsection (4) of Section 32 after taking into consideration –


(a) The proposed retail price of a copy of the translation of the work;


(b) The prevailing standards of royalties in regard to translation of works; and


(c) Such other matters as may be considered relevant by the Copyright Board.



10. Extension of the period of licence –

The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation within the period specified in the licence, extend such period.



11. Cancellation of licence –

The Copyright Board may, after giving the licensee an opportunity of being beard, cancel the licence on any of the following grounds, namely:-


(a) That the licensee has failed to produce and publish the translation within the time specified in the licence or within the time extended on the application of the licensee;


(b) That the licence was obtained by fraud or misrepresentation as to any essential fact;


(c) That the licensee contravened any of the terms and conditions of the licnece.



CHAPTER IV A – Compulsory Licence for Publication of Unpublished Works, Translation and Reproduction of Work


11-A. Application for licence –

An application for a licence under Section 31-A, sub-section (I-A) of Section 32 and Section 32-A to publish any unpublished work or to translate any work in any language or to reproduce any published work shall be made in triplicate in accordance with Form II-A and shall be accompanied by the fee prescribed in the Second Schedule.



11-B.

Every such application shall be in respect of one work only and in respect of translation of a work into one language only.



11-C. Notice of application –

(1) A copy of such application shall be served by registered mail on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served on the publisher whose name appears on the work.


(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.


(3) If more than one application for translation of the work in the same language or for reproduction of the work or for publication of any unpublished work is pending before the Copyright Board, all such applications shall be considered together.


(4) If the Copyright Board is satisfied that the licence for a translation of the work in the language or for reproduction of the work or for publication of unpublished work, applied for may be granted to the applicant, or if there are more applicants than one, to such one of the applicants, as in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a licence accordingly.


(5) Every such licence shall be subject to the conditions provided in sub-section (7) of Section 31-A, clause (i) of sub-section (4) of Section 32 and clause (i) of sub-section (4) of Section 32-A relating to payment of royalties and shall specify:-


(a) The period within which such work shall be published;


(b) The rate at which royalties in respect of the copies of such work sold to the public shall be paid to the owner of the copyright in the work;


(c) In a case of translation of the work, the language in which the translation shall be produced and published; and


(d) The person or persons to whom such royalties shall be payable.


(6) The grant of every such licence shall, as soon as possible, be notified in the official Gazette and a copy of the licence shall be sent to the other parties concerned.



11-D. Manner of determining royalties –

The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (7) of Section 31-A, clause (i) of sub-section (4) of Section 32 and clause (i) of sub-section (4) of Section 32-A after taking consideration:


(a) The proposed retail price of a copy of such work;


(b) The prevailing standards of royalties in regard to such works; and


(c) Such other matters as may be considered relevant by the Copyright Board.



11-E. Extension of the period of licence –

The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or reproduce the work or publish the unpublished work within the period specified in the licence, extend such period.



11-F. Cancellation of licence –

The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds, namely :-


(a) That the licensee has failed to produce and publish such work within the time specified in the licence or within the time extended on the application of the licensee;


(b) That the licence was obtained by fraud or misrepresentation as to any essential fact;


(c) That the licensee has contravened any of the terms and conditions of the licence.



11-G. Notice for termination of licence –

Notice for termination of licence under proviso to sub-section (1) or sub-section (2) of Section 32-B shall be served onthe person holding the licence by the owner of copyright in Form II-B of the First Schedule to these rules.]



CHAPTER V – Performing Rights Societies


12. Publication of statement of fees etc. –

(1) Every performing rights society having at the commencement of the Act authority to grant licences for performance in public of any works shall, within three months of the commencement of the Act or within such further period as the Registrar of Copyrights may, for sufficient reasons, allow in respect of any such society on an application made by it in this behalf, prepare and publish, as its own cost, in the official Gazette and in two newspapers in the English language published in two different zones, the statements of all fees, charges or royalties which it proposes to collect for the grant of such licences.


(2) Every performing rights society shall, within one month of its acquiring after the commencement of the Act the authority to grant licences for performance in public of any works or within such further period as the Registrar of Copyrights may, for sufficient reasons, allow in respect of any such society on an a pplication made by it in this behalf, prepare and publish, as its own cost, in the official Gazette, and in two newspapers in the English language published in two different zones, the statements of all fees, charges or royalties which it proposes to collect for the grant of such licences.


(3) Every performing rights society shall file with the Registrar of Copyrights two copies of the statements prepared under sub-rule (1) of sub-rule (2) Within the time specified therein, together with two copies of each of the newspapers in which statements have been published.


Explanation – In this rule “Zone” shall have the same meaning as in Section 12.



13. Determination of objections –

The Copyright Board may take such evidence as it deems fit in determining any objection lodged under Section 34.



14. Publication of alterations in the statements of fees etc. –

The Registrar of Copyrights shall publish the alterations made by the Copyright Board in the statements of fees, charges or royalties in the official Gazette and in the two newspapers in which the original statements were published under Rule 12 or in such other newspapers as he may deem fit.



CHAPTER VI – Registration of Copyright


15. Form of Register of Copyrights –

(1) The Register of Copyrights shall be kept in four parts as follows:-


Part I. Literary, Dramatic and Musicial Works.


Part II. Artistic Works.


Part III. Cinematograph Films.


Part IV. Records.


(2) The Register of Copyrights shall contain the particulars specified in Form III.



16. Application for Registration of Copyright –

(1) Every application for registration of copyright shall be made in accordance with Form IV and every application for registration of changes in the particulars of copyright entered in the Register of Copyrights shall be made in accordance with Form V.


(2) Every such application shall be in respect of one work only, shall be made in triplicate and shall be accompanied by the fee specified in the Second Schedule in this behalf.


(3) [(Note: Subs. by Noti. No. GSR 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992) The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of the applicant to it.]


(4) If no objection to such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application by him, he shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.


(5) If the Registrar of Copyright receives any objections for such registration within the time specified in sub-rule (4), or, if he is not satisfied about the correctness of the particulars given in the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register of Copyrights as he considers proper.


(6) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.



17. Correction of entries in the Register of Copyrights –

The Registrar of Copyrights may, on his own motion or on application of any interested person, amend or alter the Register of Copyrights in the manner specified in Section 49 after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity to show cause against such amendment or alteration and communicate to such person the amendment or alteration made.



18. Indexes –

(1) There shall be kept at the Copyright Office the following indexes for each part of the Register of Copyrights, namely –


(i) A general Author Index;


(ii) A general Title Index;


(iii) An Author Index of works in each language; and


(iv) A Title Index of works in each language.


(2) Every index shall be arranged alphabetically in the form of cards.



19. Inspection of the Register of Copyrights and Indexes –

The Register of Copyrights and Indexes thereof shall at all reasonable times be open to inspection by any person in such manner and subject to such conditions as the Registrar of Copyrights may specify.



20. Copies and extracts of the Register of Copyrights and Indexes –

(1) Any person shall be entitled to take copies of, or make extracts from, the Register of Copyrights or Indexes on payment of the fee specified in the Second Schedule subject to such supervision as the Registrar of Copyrights may arrange.


(2) The Registrar of Copyrights shall, on an application made in that behalf and on payment of the fee specified in the Second Schedule, furnish a certified copy of any entries made in the Register of Copyrights and Indexes thereof.



CHAPTER VII – Making of Records


21. Making of records –

(1) Any person intending to make records under clause (j) of sub-section (1) of Section 52 shall give notice of such intention to the owner of the copyright and to the Copyright Board at least [(Note: Subs. by G.S.R. 267, dated 22-4-1958) fifteen days] in advance of the making of the records and shall pay to the owner of the copyright, along with the notice, the amount of royalties due in respect of all the records to be made at the rate fixed by the Copyright Board in this behalf.


(2) Such notice shall contain the following information, namely:-


(a) The particulars of the work in respect of which records are to be made;


(b) Alterations and omissions, if any, which are proposed to be made for the adaptation of the work to the records;


(c) The name, address and nationality of the owner of the copyright in the work;


(d) Particulars of the records made previously recording the work;


(e) The number of records intended to be made; and


(f) The amount paid to the owner of the copyright in the work by way of royalties and the manner of payment.



CHAPTER VIII – Importation of Infringing Copies


22. Importation of infringing copies –

Every application under sub-section (1) of Section 53 shall be made in accordance with Form VI and shall be accompanied by the fee specified in the Second schedule.



23. Procedure for examination of infringing copies –

The Registrar of Copyrights or the person authorised by him in this behalf shall, in taking action under sub-section (2) of Section 53, act in collaboration with Customs authorities.



CHAPTER IX – Miscellaneous


24. Mode of making applications etc. –

Every application, notice, statement or any other document to be made, given, filed, or sent under the Act or under these Rules may, unless otherwise directed by the authority concerned, be sent by hand or pre-paid registered post.



25. Mode of communication by the Copyright Board etc. –

Every written intimation from the Copyright Board, the Copyright Office or the Registrar of Copyrights shall be deemed to have been duly communicated to any person if such intimation is sent to the known address of such person by pre-padi registered post.



26. Fees. –

(1) The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule.


(2) The fees may be paid to the Registrar of Copyrights, New Delhi, by a postal order or a bank draft issued by a Scheduled Bank as defined in the Reserve Bank of India Act, 1934, or by deposit into a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India under the head of account : Major Head – ‘XLVI – Miscellaneous’. Minor Head ‘Naturalization, Passport and Copyright Fees’.


(3) Postal orders and bank drafts shall be crossed and draw able in New Delhi.


(4) Payment by bank drafts shall not be valid unless the amount of bank commission is included therein.


(5) Where payment is made by deposit in a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India, the challan evidencing the payment shall be sent to the authority concerned by pre-paid registered post.



27. Right of audience. –

In any proceedings before the Copyright Board or the Registrar of Copyrights any party may appear and be heard either in person or by a pleader or other person duly authorised by such party.



28. Costs –

The costs of, and incidental to, the proceedings before the Copyright Board or the Registrar or Copyrights shall be in the discretion of the Copyright Board or the Registrar of Copyrights, as the case may be:-



FIRST SCHEDULE

FORM I – Notice of relinquishment of Copyright


(See Rule 5)


To


The Registrar of Copyrights, Copyright Office, New Delhi.


Sir,


In accordance with Section 21 of the Copyright Act, 1957 (14 of 1957), I hereby give notice that, with effect from the dae of this notice, I do relinquish, to the extent specified in the enclosed affidavit, my rights in the work described in the said affidavit.


Yours faithfully,


(Signature)


Place:


Date:


Form of Affidavit referred to above I, …………………………………………………of…………………………… (full name in block letters)


…………………………………………………………………………………….. do hereby one (address) solemn affirmation state that:


(1) I am the author of the work described in the Statement below;


(2) I am the owner of the copyright in the said work to the extent specified in the said Statement; and


(3) I do hereby relinquish my rights in the said work to the extent specified in the said Statement


1. Description of the Work:


(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).


(b) Title of the work.


(c) Full name, address and nationality of the author.


(d) Language of the work.


(e) Name, address and nationality of the publisher.


(f) Year of first publication.


If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and page reference.


(g) Country of first publication.


(h) If the copyright in the work is registered under Section 45, the Registration Number.


2. Rights owned by the deponent on the date of the affidavit. (If the rights are owned jointly with others, state names, address and nationalities of the joint owners.)


3. Extent to which rights are relinquished.


4. Reasons for relinquishment of the rights. (The information given here will be kept strictly confidential.)


5. Remarks if any.


Place:


Date:


Signature


Solemnly affirmed before me by ______________________ who is know to me (name of deponent in block letters) personally/who is identified to me by _______________________ who is known to me personally. (name of identifier in block letters)


Place:


Date:


Signature and seal of the Magistrate.


FORM II – Application for a licence for translation


(See Rule 6)


(To be submitted in triplicate)


To


The Registrar of Copyrights,


Secretary, Copyright Board,


Copyright Office,


New Delhi.


Sir,


In accordance with Section 32 of the Copyright Act, 1957 (14 of 1957), I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work in accordance with the particulars given in the enclosed Statement.


2. I hereby undertake to abide strictly by the terms and comditions of the licence, if granted to me.


Yours faithfully,


Signature


Place:


Date:


1. Full name of the applicant. (in block letters)


2. Full address and nationality of the applicant.


3. Telegraphic address, if any.


4. Description of the work:


(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).


(b) Title of the work.


(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease.


(d) Language of the work.


(e) Name, address and nationality of the publisher.


(f) Year of first publication.


(g) Country of first publication.


(h) Price of a copy of the work.


(i) If the copyright in the work is registered under Section 45, the Registration Number.


If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, give the name of the journal or magazine, the valume number of the issue, the date and the page reference.


5. Language into which the work is proposed to be translated.


6. Full name, qualifications and address of the translator.


7. Qualifications of the applicant to produce and publish the translation.


8. Number of copies of the translation proposed to be published.


9. Estimated cost of production and publication of the translation.


10. Proposed retail price per copy of the translation.


11. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.


12. Means of the applicant for payment of the royalty.


13. Whether the prescribed fee has been paid and if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan Number).


14. (a) Full name, address and nationality of the person competent to issue a licence for translation.


(b) Whether the applicant was able to find the said person.


(c) Whether the applicant had requested and had been denied authorisation by the said person to produce and publish the translation.


(d) If the applicant was unable to find the owner, whether he had sent a copy of the request for authorisation to the publisher. If so, the date on which the copy was sent.


Enclose true copies of correspondence, if any.


15. Whether the author of the work has withdrawn from circulation copies of the work.


16. (a) Whether a translation in the same language has been published before.


(b) Whether the earlier translation is out of print.


(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease.


(d) Title of the earlier translation.


(e) Full name, address and nationality of the publisher of the earlier translation.


(f) Year of publication.


(g) Price per copy of the earlier translation.


(h) If the earlier translation is registered under Section 45, the Registration Number.


(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.


17. (a) Whether translation has been made into any language other than the language stated in 5 above.


(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease.


(c) Title of the translation.


(d) Language of the translation.


(e) Full name, addressand nationality of the publisher of the translation.


(f) Year of publication.


(g) Price per copy of the translation.


(h) If the translation is registered under Section 45, the Registration Number.


(i) Rate and amount of royalty paid to the copyright owner, if known.


18. Remarks, if any


19. List of enclosures.


Place:


Date:


Signature.


II-A (Note: Form II-A and II-B ins. by Noti. No. G.S.R. 602(E), dt. 9-8-1984 (w.e.f. 9-8-1984) (1985 CCL-III-80).


– Application for a licence for publication/reproduction


(See Rule II-A)


(To be submitted in triplicate)


To


The Registrar of Copyrights,


Secretary, Copyright Board,


Copyright Office,


New Delhi


Sir,


In accordance with Section 31/32/32-A of the [(Note: Subs. for “Copyright (Amendment) Act, 1983 (23 of 1983)” by Noti. No. G.S.R. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish an unpublished Indian work, or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement.


2. I hereby untertake to abide strictly by the terms and conditions of the licence, if granted to me.


3. I hereby verify that the particulars given in this form are true to the best my knowledge, belief and information and nothing has been concealed therefrom.


Place:


Date:


Yours faithfully,


(Signature)


1. Full name of the applicant ………………………………………………. (In block letters)


2. Full address and nationality of the applicant.


3. Telegraphic address, if any.


4. Description of the work:


(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).


(b) Title of the work.


(c) Full name, address and nationality of the author and if the author is deceased, the dae of his decease.


(d) Language of the work.


(e) Name, address and nationality of the publisher.


(f) Year of first and last publication.


(g) Country of first and last publication.


(h) Price of a copy of the work.


(i) If the copyright in the work is registered under Section 45, the Registration Number.


(If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the valume number of the issue, the date and the page reference).


5. If the licence is applied for translation state:


(a) Language into which the work is proposed to be translated.


(b) Full name, qualifications and address of the translator.


(c) qualifications of the applicant to produce and publish the translation.


6. Indicate the purpose for which the licence is required.


7. Number of copies of work proposed to be published under the licence applied for.


8. Estimated cost of the work to be published.


9. Proposed retail price per copy of the work.


10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.


11. Means of the applicant forpayment of the royalty.


12. Whether the prescribed fee has been paid and if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan Number).


13. (a) Full name, address and nationality of the person cometent to issue a licence.


(b) Whether the applicant after due diligence on his part was unable to find the owner.


(c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work.


(d) If the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work.


(Enclose true copies of correspondence, if any(.


14. Whether the author of the work has withdrawn from circulation copies of the work.


15. In case of application for translation furnish following additional information:-


(a) Whether a translation in the same language has been published before.


(b) Whether the earlier translation is out of print.


(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease.


(d) Title of the earlier translation.


(e) Full name, address and nationality of the publisher of the earlier translation.


(f) Year of publication.


(g) Price per copy of the earlier translation.


(h) If the earlier translation is registered under Section 45, the Registration Number.


(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.


16. (a) Whether translation has been made into any language other than the language stated in 5 above.


(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease.


(c) Title of the translation.


(d) Language of the translation.


(e) Full name, address and nationality of the publisher of the translation.


(f) Year of publication.


(g) Price per copy of the translation.


(h) If the translation is registered under Section 45, the Registration Number.


(i) Rate and amount of royalty paid to the copyright owner, if known.


17. Remarks, if any.


18. List of enclosures.


Place:


Date:


(Signature)


FORM II-B


(See Rule II-G)


To


…………………………………………….

…………………………………………….

…………………………………………….


Sir,


[(Note: Subs. by Noti. No. G.S.R. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992). In accordance with first proviso to sub-section (1) ro the first proviso to sub-section (2) of Section 32-B of the Copyright Act, 1957 (14 of 1957)], I hereby give notice, that copies of translation/reproduction of the work given below (mention language) have been published by me/under my authorization.


Place:


Date:


Yours faithfully,


(Signature)


1. Title of the work.


2. Name of address of the owner of copyright.


3. Year and country of first publication and name, address and nationality of the publisher.


4. Name and address of the author who has translated the work.


5. Name and address of the publisher and year in which the translation has been published in India.


6. Name and address of the publisher and year in which the reproduction of the work has been published in India.


7. Retail price of the published work.


FORM III – Form of Register of Copyrights


(See Rule 15)


1. Registration Number.


2. Name, address and nationality of the applicant.


3. Nature of the applicant’s interest in the copyright of the work.


4. Class and description of the work.


5. Title of the work.


6. Language of the work.


7. Name, address and nationality of the author and if the author is deceased, the date of his decease.


8. Whether work is pubished or unpublished.


9. Year and country of first publication and namee, address and nationality of the publisher.


10. Years and countries of subsequent publications, if any, and names, address and nationalities of the publishers.


11. Names, address and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licences, if any.


12. Names, addresses and nationalities of other persons, if any, authorised to assign or licence the rights comprising the copyright.


13. If the work is an ‘Artistic Work’, the location of the original work, including name, address and nationality of the person in possession of it. (In the case of an architectural work, the year of completion of the work should also be shown).


14. Remarks, if any


FORM IV – Application for Registration of Copyright


(See Rule 16)


To


The Registrar of Copyrights,


Copyright Office,


New Delhi


Sir,


In accrodance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed Statement of Particulars sent herewith in triplicate.


I also send herewith Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement (s) to the other parties concerned, as shown below:-


Names and addresses of parties


Date of despatch


   

*See Columns 7,11,12 and 13 of the Register of Copyrights.


3. The prescribed fee has been paid, as per details below:-


4. Communications on this subject may be addressed to:-


[(Note: Ins. by Noti. No. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) I hereby declare that, to the best of my knowledge and belief, no person other than to whom a notice has been sent as per paragraph 2, has any claim, interest or dispute to my copyright of this work, or to its use by me.]


[(Note: Ins. by Noti. No. GSR 602(E), dt. 9-8-1984 (w.e.f. 9-8-1984)) (Note: Para 4-A renumbered as para 6 by Noti. No. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) I hereby verify that the particulars given in this form and the Statement of Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.]


Yours faithfully,


Place:


Date:


Signature.


Statement of Particulars


1. Registration Number in the Register of Copyrights.


2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.


Reference to Column Number of the Register of Copyrights


Existing enty in the Register of Copyrights


Proposed entry in place of the existing entry in the Register of Copyrights


Reasons for the changes proposed


1


2


3


4


 

 


 


 


 


 


   

(2) The works which are being imported in accordance with the particulars in the said Statement are infringing copies of the work described in the said Statement; and


(3) I am interested in the prevention of importation of the said infringing copies for the following reasons :- (State reasons)


(4) The infringing copies are not being imported for the private and domestic use of the importer. Statement


A. – Particulars of the Work and Rights held.


1. Full name, address and nationality of the applicant.


2. Telegraphic address of the applicant.


3. If the applicant is not the owner of the copyright, full name, address and nationality of the owner of the copyright.


4. Description of the work :-


(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).


(b) Title of the work.


(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease.


(d) Language of the work.


(e) Name and address of the publisher.


(f) Year of first publication.


(g) Country of first publication.


(h) If the copyright in the work is registered under Section 45, the Registration Number.


If the work was appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and page reference.


B. Details of import of infringing copies.


1. Country of origin of the infringing copies.


2. Name, address and nationality of the importer in India.


3. Name, address and nationality of the maker of the infringing copies.


4. Expected time and place of import of the infringing copies into India.


5. In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorised agent to identify the said copies to the satisfaction of the Registrar of Copyrights.


C. Any other relevant information not covered above.


Place:


Date:


Signature.


Solemnly affirmed before me by ……………………………………………………………………………………. (full name of deponent in block letters)


Who is known to me personally/who is identified to me by ……………………………………………………………………………………………


(name of identifier in block letters) who is known to me personally.


Place:


Date:


Signature and seal of the Magistrate.



SECOND SCHEDULE

(Note: Subs. by Noti. No. GSR 602(E), dated 9-8-1984 (w.e.f. 9-8-1984) (1985 CCL-III-80)).


“SECOND SCHEDULE”


   

1.


For a licenceto republish a Literary, Dramatic, Musical or Artistic              d   Work (Sections 31, 31-A and 32-A)

Rs.   100 per work


2.


For a licence to republish a Cinematograph Film (Section 31)

Rs.   500 per work


3.


For a licence to republish a Record (Section 31)

Rs.   200 per work


4.


For licence to perform an Indian work in public or to communicate the  work tothe public by Broadcast (Section 31)

Rs.   25 per work


5.


For an application for  a licence to produce and publish a translation of a Literary or Dramatic Work in any language (Section 32 and 312 (I-A))

Rs.   100 per work


6.


 


For an application for registration of copyright in a -(a)  Literary, Dramatic, Musical or Artistic Work.(b)  Provided that in respect of a Literary or Artistic Work which is  used              or capable of being used in relation to any goods (Section 45)

Rs.   10 per work


Rs.   50 per work


7.


 


For an application for changes in particulars of copyright entered in  the       Register of Copyrights an respect of a :(a)  Literary, Dramatic, Musical or Artistic Work.(b)  Provided that in respect of a Literary or Artistic Work which is used               or capable of being used in relation to any goods (Section 45).

Rs.  5 per work


Rs.  25 per work


 


8.


For an application for registration of copyright in a Cinematograph Film (Section 45).

Rs.   200 per work


9.


For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph Film (Section 45).

Rs.  100 per work


10.


For an application for registration of copyright in a Record (Section 45).

Rs.   50 per work


11.


For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of a Record (Section  45).

Rs.   25 per work


12.


For taking extracts from the Register of Copyrights (Section 47).

  Rs.   5 per work                per hour


13.


For taking extracts from the Indexes (Section 47).

Rs.   2.50 per work                   per hour


14.


For a certified copy of an extracts from the Register of Copyrights or the Indexes (Section 47).

Rs.   5 per copy


15.


For a certified copy of any other public document inthe custody of the Registrar of Copyrights or the Copyright Board.

Rs.   2.50 per page


16.


For an application for  prevention of importation of infringing copies (Section 53).

Rs.   25 per work                      per place of entry.]



The International Copyright Order, 1991

The International Copyright Order, 1991


(Note: Vide Noti. No. S.O. 657(E), dated 30-9-1991, published in the Gezette of India, Extra., Pt. II,


Section 3(ii), dated 30-9-1991, pp. 5-8 [No. F.12-1/90-IC).


In exercise of the powers conferred by Section 40 of the Copyright Act, 1957 (14 of 1957), and in super session of the International Copyright Order, 1958, the Central Government hereby makes the following order :-


1. (1) This Order may be called the International Copyright Order, 1991.


(2) It shall come into force on the date of its publication in the Official Gazette.


2. In this Order, unless the context otherwise requires, –


(a) ‘Berne Convention Country’ means a country which is a member of the Berne Copyright Union, and includes a country mentioned either in Part I or in Part II of the Schedule ;


(b) ‘Phonograms Convention Country’ means a country which has either ratified, or accepted or acceded to the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, done at Geneva on the twenty-ninth day of October, one thousand nine hundred and seventy-one, and includes a country mentioned in Part V of the Schedule ;


(c) ‘Schedule’ means the Schedule appended to this Order ;


(d) ‘Universal Copyright Convention Country’ means a country which has either ratified, or accepted or acceded to the Universal Copyright Convention, and includes a country mentioned either in Part III or in Part IV of the Schedule.


Explanation – ‘Phonogram’ means any exclusively aural fixation of sounds of a performance or other sounds.


3. Subject to the provisions of Paragraph 4, all the provisions of the Copyright Act, 1957 (14 of 1957) (hereinafter referred to as the Act), except those of Chapter VIII ; and those other provisions which apply exclusively to Indian works, shall apply, –


(a) To any work first made or published in a country mentioned in Part I, II, III or IV of the Schedule, in like manner as if it was first published in India;


(b) To any work first made or published in a country other than a country mentioned in Part I, II, III or IV of the Schedule, the author of which was, at the date of such publication, or, where the author was dead on that date, he was at the time of his death, a national of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of India at that point of time;


(c) To an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in Parts I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of, or domiciled in India;


(d) To any work first made or published by a body corporate incorporated under any law of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if it was incorporated under a law in force in India; and


(e) To a record first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V of the Schedule or a body corporate incorporated under a law in force in such a country, in like manner as if the producer was the citizen of India; or a body corporate incorporated under a law in force in India, as the case may be, at that point of time.


Explanation – ‘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.


4. Notwithstanding anything contained in Paragraph 3(a), the provisions of sub-section (1) of Section 32 of the Act –


(i) Shall not apply to a work first made or published in any Berne Convention Country mentioned in Part I or II of the Schedule ; and


(ii) Shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or IV of the Schedule, only in respect of the translation of such work into any language specified in the Eighth Schedule to the Constitution of India.


5. The provisions of Section 32 [excluding its sub-section (1)], 32-A and 32-B shall apply to a work first made or published in a Berne Convention Country mentioned in Part I of the Schedule or in a Universal Copyright Convention Country mentioned in Part III of the Schedule.


6. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.


Explanation – In this paragraph, “the country of origin” shall mean –


(a) In this case of a work first made or published in a Berne Convention Country or a Universal Copyright Convention Country, that country;


(b) In the case of a work made or published simultaneously either in a Berne Convention Country or a Universal Copyright Convention Country and in a country which is neither a Berne Convention Country nor a Universal Copyright Convention Country, the former country;


(c) In the case of a work which is made or published simultaneously in several Universal Copyright Convention Countries, the country whose laws grant the shortest term of copyright to such a work ;


(d) In the case of a work which is made or published simultaneously in several Universal Copyright Convention Counties, the country whose laws grant the shortest term of copyright to such a work ;


(e) In the case of an unpublished work or a work first made or published in a country other than a Berne Convention Country or a Universal Copyright Convention Country, the country of which the author was a citizen, or the country in which he was domiciled at the time of its first publication, whichever grants the longer term of copyright.


7. The provisions of the International Copyright Order, 1958 shall cease to have effect from the date his Order comes into force.


No comments:

Post a Comment

Equality before law

  Equality before law “The state shall not deny to any person equality before the law. Meaning of right to equality This means that every pe...