(1) Copyright in a work shall bedeemed to be infringed--
(a) when any person,without a licence granted by the owner of the copyright or the Registrar ofCopy rights under this Actor in contravention of the conditions of a licence sogranted or of any condition imposed by a competent authority under this Act-
(i) does anything, theexclusive right to do which is by this Act conferred upon the owner of thecopyright, or,
1 [(ii)permits for profit any place lobe used for the communication of the work to thepublic where such communication constitutes an infringement of the copyright inthe work, unless he was not aware and had no reasonable ground for believingthat such communication to the public would be an infringement of copyright;or]
(b) when any person--
(i)makes for sale or hire, or sells or lets for hire, or by way of trade displaysor offers for sale or hire, or
(ii) distributes either for thepurpose of trade or to such an extent as to affect prejudicially the owner ofthe copyright, or
(iii) by way of trade exhibitsin public, or
(iv) imports 2 [***]into India, any infringing copies of the work:
3 [Providedthat nothing in sub-clause (iv) shall apply to the import of one copy of any work,for the private and domestic use of the importer.]
Explanation.--For the purposesof this section, the reproduction of a literary, dramatic, musical or artisticwork in the form of a cinematograph film shall be deemed to be an"infringing copy".
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1. Substituted by Act 38 of 1994, section 16, for sub-clause(ii) w.e.f. 10-5-1995.
2. The words "(except for the private and domesticuse of the importer)" omitted by Act 65 of 1984, section 3 w.e.f. 8-10-1984.
3. Insertedby Act 65 of 1984, section 3 w.e.f. 8-10-1984 and Substituted by Act 38 of1994, section 16 w.e.f. 10-5-1995.