(1) The following acts shall notconstitute an infringement of copyright, namely:--
(a) a fair dealing with aliterary, dramatic, musical or artistic work 1 [notbeing a computer programme] for the purposes of-
2 [(i) Private use including research;]
(ii) criticism or review,whether of that work or of any other work;
3 [(aa)the making of copies or adaptation of a computer programme by the lawfulpossessor of a copy of such computer programme from such copy-
(i)in order to utilise the computer programme for the purpose for which it wassupplied; or
(ii) to make back-up copiespurely as a temporary protection against toss, destruction or damage in orderonly to utilise the computer programme for the purpose for which it wassupplied;]
4 [(ab)the doing of any act necessary to obtain information essential for operatinginter-operability of an independently created computer programme with otherprogrammes by a lawful possessor of a computer programme provided that suchinformation is not otherwise readily available;
(ac) the observation, study ortest of functioning of the computer programme in order to determine the ideasand principles which underline any elements of the programme while performingsuch acts necessary for the functions for which the computer programme wassupplied;
(ad) the making of copies oradaption of the computer programme from a personally legally obtained copy fornon-commercial personal use;]
(b) a fair dealing with a literary, dramatic,musical or artistic work for the purpose of reporting current events--
(i) in a newspaper, magazine orsimilar periodical; or
(ii) by 5 [broadcast]or in a cinematograph film or by means of photographs.
6 [Explanation.--Thepublication of acompilation of addresses or speeches delivered in public is nota fair dealing of such work within the meaning of this clause;]
(c) the reproduction of alitcrary, dramatic, musical or artistic work for the purpose of a judicialproceeding or for the purpose of a report of a judicial proceeding;
(d) the reproduction orpublication of a literary, dramatic, musical or artistic work in any workprepared by the Secretarial of a Legislature or, where the Legislature consistsof two Houses, by the Secretariat of cither House of the Legislature,exclusively for the use of the members of that Legislature;
(e) the reproduction of anyliterary, dramatic or musical work in a certified copy made or supplied inaccordance with any law for the time being in force;
(f) the reading or recitation inpublic of any reasonable extract from a published literary or dramatic work;
(g) the publication in acollection, mainly composed of non-copyright matter, bona fide intended for theuse of educational institutions, and so described in the title and in anyadvertisement issued by or on behalf of the publisher, of short passages from publishedliterary or dramatic works, not themselves published for the use of educationalinstitutions, in which copyright subsists: Provided that not more than two suchpassages from works by the same author are published by the same publisherduring any period of five years.
Explanation.--In the case of awork of joint authorship, refcrenees in this clause to passage from works shallinclude references to passages from works by any one or more of the authors ofthose passages or by any one or more of those authors in collaboration with anyother person;
(h) the reproduction of aliterary, dramatic, musical or artistic work-
(i) by a teacher or a pupil inthe course of instruction; or
(ii) as part of the questions tobe answered in an examination; or
(iii) in answers, to suchquestions;
(i) the performance, in thecourse of the activities of an educational institution, of a literary, dramaticor musical work by the staff and student of the institution, or of acinematograph film or a 7 [sound recording], if the audience islimited to such staff and students, the parents and guardians of the studentsand persons directly connected with the activities of the institution 8 [orthe communication to such an audience of a cinematograph film or soundrecording];
9 [(j) themaking of sound recordings in respect of any literary, dramatic or musicalwork, if--
(i) sound recordings ofthat work have been made by or with the licence or consent of the owner of theright in the work;
(ii) the person making the soundrecordings has given a notice of his intention to make the sound recordings,has provided copies of all covers or labels with which the sound recordings areto be sold, and has paid in the prescribed manner to the owner of rights in thework royalties in respect of all such sound recordings to be made by him, atthe rate fixed by the Copyright Board in this behalf:
Provided that--
(i) no alterations shall be madewhich have not been made previously by or with the consent of the owner ofrights, or which are not reasonably necessary for the adaptation of the workfor the purpose of making (he sound recordings;
(ii) the sound recordings shallnot be issued in any form of packaging or with any label which is likely tomislead or confuse the public as to their identity;
(iii) no such sound recordingshall be made until the expiration of two calendar years after the end of theyear in which the first recording of the work was made; and
(iv) the person making suchsound recordings shall allow the owner of rights or his duly authorised agentor representative to inspect all records and books of account relating to suchsound recording:
Provided further that if on acomplaint brought before the Copyright Board to the effect that the owner ofrights has not been paid in full for any sound recordings purporting to be madein pursuance of this clause, the Copyright Board is, prima facie satisfied thatthe complaint is genuine, it may pass an order ex pane directing the personmaking the sound recording to cease from making further copies and, afterholding such inquiry as it considers necessary, make such further order as itmay deem fit, including an order for payment of royalty;
(k) the causing of a recordingto be heard in public by utilising it,--
(i) in an enclosed roomor hall meant for the common use of residents in any residential premises (notbeing a hotel or similar commercial establishment) as part of the amenitiesprovided exclusively or mainly for residents therein; or
(ii) as part of the activitiesof a club or similar organisation which is not established or conducted forprofit;]
(1) the performance of aliterary, dramatic or musical work by an amateur club or society, if theperformance is given to a non-paying audience, or for the benefit of areligious institution;
(m)the reproduction in a newspaper, magazine or other periodical of an article oncurrent economic, political, social or religious topics, unless the author ofsuch article has expressly reserved to himself the right of such reproduction;
(n) the publication in anewspaper, magazine or other periodical of a report of a lecture delivered inpublic;
(o) the making of not more thanthree copies of a book (including a pamphlet, sheet of music, map, chart orplan) by or under the direction of the person in charge of a public library forthe use of the library if such book is not available for sale in India;
(p) the reproduction, for thepurpose of research or private study, or with a view to publication, of anunpublished literary, dramatic or musical works kept in a library, museum orother institution to which the public has access:
Provided that where the identityof the author of any such worker, in the case of a work of joint authorship, ofany of the authors is known to the library, museum or other institution, as thecase may be, the provisions of this clause shall apply only if suchreproduction is made at a time more than 10 [sixty years] from thedate of the death of the author or, in the case of a work of joint authorship,from the death of the author whose identity is known or, if the identity ofmore authors than one is known from the death of such of those authors who diedlast;
(q) the reproduction orpublication of--
(i) any matter which hasbeen published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislaturesubject to the condition that such Act is reproduced or published together withany commentary thereon or any other original mailer;
(iii) the report of anycommittee, commission, council, board or other like body appointed by theLegislature, unless the reproduction or publication of such report isprohibited by the Government;
(iv) any judgment ororder of a court, Tribunal or other judicial authority, unless the reproductionor publication of such judgment or order is prohibited by the court, theTribunal or other judicial authority, as the case may be;
(r) the production orpublication of a translation in any Indian language of an Act of a Legislatureand of any rules or orders made thereunder--
(i) if no translation ofsuch Act or rules or orders in that language has been produced or published bythe Government; or
(ii) where a translation of suchAct or rules or orders in that language has been produced or published by theGovernment, if the translation is not available for sale to the public:
Provided that such translationcontains a statement at a prominent place of the effect that the translationhas not been authorised or accepted as authentic by the Government;
11 [(s) themaking or publishing of a painting, drawing, engraving or photograph of a workof architecture or the display of a work of architecture;]
(t) the making or publishing ofa painting, drawing, engraving or photograph of a sculpture, or other artisticwork falling under sub-clause (iii) of clause (c) of section 2, if such work ispermanently situate in a public place or any premises to which the public hasaccess;
(u) the inclusion in acinematograph film of--
(i) any artistic workpermanently situate in a public place or any premises to which the public hasaccess; or
(ii) any other artistic work, ifsuch inclusion is only by way of background or is otherwise incidental to theprincipal matters represented in the film;
(v)the use by the author of an artistic work, where the author of such work is notthe owner of the copyright therein, of any would, cast, sketch, plan, model orstudy made by him for the purpose of the work:
Provided that he does notthereby repeat or imitate the main design of the work;12 [***]
(x) the reconstructionof a building or structure in accordance with the architectural drawings orplans by reference to which the building or structure was originallyconstructed:
Provided that theoriginal construction was made with the consent or licence of the owner of thecopyright in such drawings and plans;
(y) in relation to alilerary, dramatic or musical work recorded or reproduced in any cinematographfilm, the exhibition of such film after the expiration of the term of copyrighttherein:
Provided that theprovisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) andclauses (d), (f), (g), (m), and (p) shall not apply asrespecis any act unlessthat act is accompanied by an acknowledgement-
(i) identifying the work by itstitle or other description; and
(ii) unless the work isanonymous or the author of the work has previously agreed or required that noacknowledgement of his name should be made, also identifying the author;
13 [(z) themaking of an ephemeral recording, by a broadcasting organisation using its ownfacilities for its own broadcast by a broadcasting organisation of a work whichit has the right to broadcast; and the retention of such recording for achivalpurposes on the ground of its exceptional documentary character;
(za) the performance of aliterary, dramatic or musical work or the communication to the public of suchwork or of a sound recording in the course of any bona fide religious ceremonyor an official ceremony held by the Central Government or the State Governmentor any local authority.
Explanation.--For the purpose ofthis clause, religious ceremony including a marriage procession and othersocial festivities associated with a marriage.]
(2) The provisions of sub-section(1) shall apply to the doing of any act in relation to the translation of aliterary, dramatic or musical work or the adaptation of a literary, dramatic,musical or artistic work as they apply in relation to the work itself.
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1. Inserted by Act 38 of 1994,section 17 w.e.f. 10-5-1995.
2. Substituted by Act 38 of 1994, section 17, forsub-clause (i) w.e.f. 10-5-1995.
3. Insertedby Act 38 of 1994, section 17 w.e.f. 10-5-1995.
4. Inserted by Act 49 of 1999, section 7 w.e.f.15-1-2000.
5.Substituted by Act 23 of 1983, section 2, for "radio-diffusion" w.e.f.9-8-1984.
6. Inserted by Act 23 of 1983, section 18 w.e.f.9-8-1984.
7.Substituted by Act 38 of 1994, section 2, for "record" w.e.f. 10-5-1995.
8. Insertedby Act 38 of 1994, section 17 w.e.f. 10-5-1995.
9.Substituted by Act 38 of 1994, section 17, for clauses (j) and (k) w.e.f.10-5-1995.
10. Substituted by Act 49 of 199,section 7, for "fifty years" w.e.f. 15-1-2000.
11.Substituted by Act 38 of 1994, section 17, for clause (s) w.e.f. 10-5-1995.
12. Clause (w) omitted by Act 38 of1994, section 17 w.e.f. 10-5-1995.
13. Inserted by Act 38of 1994,section 17 w.e.f. 10-5-1995.