Section Text
v) and (vi) (w.e.f. 10-5-1995) 7 (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;] 1 [(dd) “broadcast” means communication to the public— (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast;]
(e) “calendar year” means the year commencing on the 1st day of January; 2 [(f) “cinematograph film” means any work of visual recording 3*** and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films;] 4 [(fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution.
Explanation.—For the purposes of this clause, a “non-profit library or non-profit educational institution” means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961 (43 of 1961).] 5 [(ff) “communication to the public” means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.
Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;]
(g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by 6[broadcast];
(h) “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film; 7 [(hh) “duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work;]
(i) “engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs;
(j) “exclusive licence” means a licence which confers on the licensee or on the licensee and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and “exclusive licensee” shall be construed accordingly;