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THE COPYRIGHT ACT

BananaIP Counsels > THE COPYRIGHT ACT

THE COPYRIGHT ACT, 1957 (14 OF 1957)

[As last amended in 2012]

CHAPTER 1 – PRELIMINARY

1. Short title, extent and commencement.

2. Interpretation.

3. Meaning of publication.

4. When work not deemed to be published or performed in public.

5. When work deemed to be first published in india.

6. Certain disputes to be decided by appellate board.

7. Nationality of author where the making of unpublished work is extended over considerable period.

8. Domicile of corporations.

 

CHAPTER 2 – COPYRIGHT OFFICE AND APPELLATE BOARD

9. Copyright office.

10. Registrar and deputy registrar of copyrights.

11. Appellate board

12. powers and procedure of appellate board. 

 

 

CHAPTER 3 – COPYRIGHT

13. Works in which copyright subsists.

14. Meaning of copyright.

15. Special provision regarding copyright in designs registered or capable of being registered under the  designs act, 2000 (16 of 2000).

16. No copyright except as provided in this act.

 

CHAPTER 4 – OWNERSHIP OF COPYRIGHT AND RIGHTS OF THE OWNER

17. First owner of copyright.

18. Assignment of copyright.

19. Mode of assignment.

19A. Disputes with respect to assignment of copyright.

20. Transmission of copyright in manuscript by testamentary disposition.

21. Right of author to relinquish copyright.

 

CHAPTER 5 – TERM OF COPYRIGHT

22. Term of copyright in published literary, dramatic, musical and artistic works.

23. Term of copyright in anonymous and pseudonymous works.

24. Term of copyright in posthumous work.

25. Term of copyright in photographs. 

26. Term of copyright in cinematograph films.

27. Term of copyright in sound recording.

28. Term of copyright in government works.

28A. Term of copyright in works of public undertakings.

29. Term of copyright in works of international organisations.

 

CHAPTER 6 – LICENCES

30. Licences by owners of copyright.

30A. Application of section 19.

31. Compulsory licence in works withheld from public.

31A. Compulsory licence in unpublished or published works.

31B. Compulsory licence for benefit of disabled.

31C. Statutory licence for cover versions.

31D. Statutory licence for broadcasting of literary and musical works and sound recording.

32. Licence to produce and publish translations.

32A. Licence to reproduce and publish works for certain purposes.

32B. Termination of licences issued under this chapter.

 

CHAPTER 7 – COPYRIGHT SOCIETIES

33. Registration of copyright society.

33A. Tariff scheme by copyright societies.

34. Administration of rights of owner by copyright society.

35. Control over the copyright society by the author and other owners of right.

36. Submission of returns and reports.

36A. Rights and liabilities of performing rights societies.

 

CHAPTER 8 – RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS

37. Broadcast reproduction right.

38. Performer’s right.

38A. Exclusive right of performers.

38B. Moral rights of the performer.

39. Acts not infringing broadcast reproduction right or performer’s right.

 

CHAPTER 9 – INTERNATIONAL COPYRIGHT

40. Power to extend copyright to foreign works.

40A. Power of central government to apply chapter viii to broadcasting organisations and performers in certain other countries.

41. Provisions as to works of certain international organisations.

42. Power to restrict rights in works of foreign authors first published in india.

42A. Power to restrict rights of foreign broadcasting organisations and performers.

43. Orders under this chapter to be laid before parliament. 

 

CHAPTER 10 – REGISTRATION OF COPYRIGHT

44. Register of copyrights.

45. Entries in register of copyrights.

46. Indexes.

47. Form and inspection of register.

48. Register of copyrights to be prima facie evidence of particulars entered therein.

49. Correction of entries in the register of copyrights. 

50. RECTIFICATION OF REGISTER BY APPELLATE BOARD

50A. Entries in the register of copyrights, etc., to be published.

 

CHAPTER 11 – INFRINGEMENT OF COPYRIGHT

51. When copyright infringed.

52. Certain acts not to be infringement of copyright.

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

52B. Accounts and audit.

53. Importation of infringing copies.

53A. Resale share right in original copies.

 

CHAPTER 12 – CIVIL REMEDIES

54. Definition. 

55. Civil remedies for infringement of copyright.

56. Protection of separate rights.

57. Author’s special rights.

58. Rights of owner against persons possessing or dealing with infringing copies.

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

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

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

62. Jurisdiction of court over matters arising under this chapter.

 

CHAPTER 13 – OFFENCES

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

63A. Enhanced penalty on second and subsequent convictions.

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

64. Power of police to seize infringing copies.

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

65A. Protection of technological measures.

65B. Protection of rights management information.

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

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

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

68A. Penalty for contravention of section 52a.

69. Offences by companies.

70. Cognizance of offences.

 

CHAPTER 14 – APPEALS

71. Appeals against certain orders of magistrate.

72. Appeals against orders of registrar of copyrights and appellate board.

73. Procedure for appeals.

 

CHAPTER 15 – MISCELLANEOUS

74. Registrar of copyrights and appellate board to possess certain powers of civil courts.

75. Orders for payment of money passed by registrar of copyrights and appellate board to be executable as a decree.

76. Protection of action taken in good faith.

77. Certain persons to be public servants.

78. Power to make rules.

79. Repeals, savings and transitional provisions.

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