Indian Bare Acts

Search Alphabatically :

THE COPYRIGHT ACT, 1957

Title : THE COPYRIGHT ACT, 1957

Year : 1957



(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-

(a) Original literary, dramatic, musical and artistic works;

(b) Cinema to graph films; and

(c) 1*[sound recording],

(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,-

(i) In the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;

(ii) In the case of an unpublished work other than 2*[work of architecture], the author is at the date of the making of the work a citizen of India or domiciled in India; and

(iii) In the case of [work of architecture], the work is located in India.

Explanation.-In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.

(3) Copyright shall not subsist-

(a) In any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;

(b) In any 3*[sound recording] made in respect of a literary, dramatic or musical work, if in making the 3*[sound recording], copyright in such work has been infringed.

(4) The copyright in a cinematograph film or a 3*[sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the 3*[sound recording] is made.

(5) In the case of 2*[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 38 of 1994, sec. 2, "for record" w.e.f. 10-5-1995.

2. Substituted by Act 38 of 1994, sec. 2 for "architectural work of art" w.e.f. 10-5-1995.

3. Substituted by Act 38 of 1994, sec. 2 , "for record "w.e.f. 10-5-1995.

--------------------------------------------------------------------------------------------------------------------------------------------------------



Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-

(a) In the case of a literary, dramatic or musical work, not being a computer programme,-

(i) To reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) To issue copies of the work to the public not being copies already in circulation;

(iii) To perform the work in public, or communicate it to the public;

(iv) To make any cinema to graph film or sound recording in respect of the work;

(v) To make any translation of the work;

(vi) To make any adaptation of the work;

(vii) To do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) In the case of a computer programme,-

(i) To do any of the acts specified in clause (a);

2*[(ii) To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]

(c) In the case of an artistic work,-

3*[(i) To reproduce the work in any material form including-

(A) The storing of it in any medium by electronic or other means; or

(B) Depiction in three-dimensions of a two-dimensional work; or

(C) Depiction in two-dimensions of a three-dimensional work;]

(ii) To communicate the work to the public;

(iii) To issue copies of the work to the public not being copies already in circulation;

(iv) To include the work in any cinema to graph film;

(v) To make any adaptation of the work;

(vi) To do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) In the case of a cinema to graph film,-

4*[(i) To make a copy of the film, including-

(A) A photograph of any image forming part thereof; or

(B) Storing of it in any medium by electronic or other means;]

5*[(ii) To sell or give on commercial rental or offer for sale or for such rental, any copy of the film;]

(iii) To communicate the film to the public;

(e) In the case of a sound recording,-

(i) To make any other sound recording embodying it 6[including storing of it in any medium by electronic or other means];

7*[(ii) To sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;]

(iii) To communicate the sound recording to the public.

Explanation.-For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.]

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 38 of 1994, sec. 7, for section 14 w.e.f. 10-5-1995.

2. Substituted by Act 49 of 1999, sec. 3, for sub-clause (ii) w.e.f. 15-1-2000.

3. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : -
"(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;"

4. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : -
"(i) to make a copy of the film including a photograph of any image forming part thereof;"

5. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : -
"(ii) to sell or give on lure or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
"
6. Inserted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012.

7. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : -
"(ii) 10 sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions; "
 
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on July, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female