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Start Free TrialCopyright Act, 1957 Complete Act
Title: Copyright Act, 1957
State: Central
Year: 1957
.....of court over matters arising under this Chapter Chapter XIII Section63 - Offence of infringement of copyright or other rights conferred by this Act Section63A - Enhanced penalty on second and subsequent convictions Section63B - Knowing use of infringing copy of computer programme to be an offence Section64 - Power of police to seize infringing copies Section65 - Possession of plates for purpose of making infringing copies Section66 - Disposal of infringing copies or plates for purpose of making infringing copies Section67 - Penalty for making false entries in register, etc., for producing or tendering false entries Section68 - Penalty for making false statements for the purpose of deceiving or influencing any authority or officer Section68A - Penalty for contravention of section 52A Section69 - Offences by companies Section70 - Cognizance of offences Chapter XIV Section71 - Appeals against certain order of Magistrate Section72 - Appeals against orders of Registrar of Copyrights and Copyright Board Section73 - Procedure for appeals Section74 - Registrar of Copyrights and Copyright Board to possess certain powers of civil courts Section75 - Orders for payment of.....
List Judgments citing this sectionCopyright Act, 1957 Chapter IV
Title: Ownership of Copyright and the Rights of the Owner
State: Central
Year: 1957
.....on terms mutually agreedupon by the parties. (4) Where the assignce does notexercise the right assigned to him under any of the other sub-sections of thissection within period of one year from the date of assignment, the assignmentin respect of such rights shall be deemed to have lapsed after the expiry ofthe said period unless otherwise specified in the assignment. (5) If the period of assignmentis not stated, it shall be deemed to be five years from the dale of assignment. (6) If the territorial extent ofassignment of the rights is not specified, it shall be presumed to extendwithin India. (7) Nothing in sub-section (2)or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6)shall be applicable to assignments made before the coming into force of theCopyright (Amendment) Act, 1994.]] ______________________ 1.Section 19 re-numbered as sub-section (1) thereofby Act 23 of 1983, sec. 9 w.e.f. 9-8-1984. 2. Sub-section (2) Inserted by Act23 of 1983, sec. 9 w.e.f. 9-8-1984. 3.Substitutedby Act 38 of 1994, sec. 8, for sub-section (2) w.e.f. 10-9-1995. Section 19A - Disputes with respect to assignment of copyright 1 [19A.Disputes with.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter XI
Title: Infringement of Copyright
State: Central
Year: 1957
.....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.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter V
Title: Term of Copyright
State: Central
Year: 1957
.....disclosed, if either the identity of the author is disclosed publicly byboth the author and the publisher or is otherwise established to thesatisfaction of the Copyright Board by that author. ______________________ 1.Substitutedby Act 13 of 1992, sec. 2, for "fifty years" w.r.e.f. 28-12-1991. Section 24 - Term of copyright in posthumous work (1) In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author, or in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until1[sixty years] from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year. (2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any 1[sound.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter X
Title: Registration of Copyright
State: Central
Year: 1957
..... (a) the making of any entry wrongly omitted to the register, or (b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the register. Section 50A - Entries in the Register of Copyrights, etc., to be published 1 [50A. Entriesin the Register of Copyrights, etc., to be published.- Every entry made in theRegister of Copyrights or the particulars of any work entered under section 45,the correction of every entry made in such register under section 49, and everyrectification ordered under section 50 shall be published by the Registrar ofCopyrights in the Official Gazette or in such other manner as he may deem fit.] _____________________ 1. Inserted by Act 23 of 1983, section 17 w.e.f. 9-8-1984.
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter II
Title: Copyright Office and Copyright Board
State: Central
Year: 1957
.....powers conferred on it by section 74 and anyorder made or act done in exercise of those powers by the member soauthorised shall be deemed to be the order or act, as the case may be, of the Board. (5) No member ofthe Copyright Board shall take part in any proceedings before the Board inrespect of any matter in which he has a personal interest. (6) No actdone or proceeding taken by the Copyright Board under this Act shallbe questioned on the ground merely of the existence of anyvacancy in, or defect in the constitution of, the Board, (7) TheCopyright Board shall be deemed to be a Civil Court for thepurposes of 4 [sections 345 and 346 of theCode of Criminal Procedure, 1973 (2 of 1974)] andall proceedings before the Board shall be deemed to be judicial proceedingswithin the meaning of sections 193 and 228 of theIndian Penal Code, 1860 (45 of 1860). _____________________ 1. Inserted by Act 38 of 1994,sec. 6 w.e.f. 10-5-1995. 2. Substituted by Act 38 of 1994,sec. 6, for proviso w.e.f. 10-5-1995. 3.Substituted by Act 38 of 1994, sec. 6, for "The Copyright Board" w.e.f.10-5-1995. 4. Substituted by Act 23 of 1983,sec. 6 for "sections 480 and 482 of the Code Criminal.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter III
Title: Copyright
State: Central
Year: 1957
..... (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.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Chapter IX
Title: International Copyright
State: Central
Year: 1957
.....in like manner as if the author was a citizen of India at that dale or time, and thereupon, subject to the provisions of this Chapter and of this order, this Act shall apply accordingly: Provided that-- (i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that foreign country has made, or has undertaken to make, such provisions if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act; (ii) the order may provide that provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order; (iii) the order may provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates; (iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such.....
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Section 33
Title: Registration of Copyright Society
State: Central
Year: 1957
.....one copyright society to do business in respect of the same class of works. (4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned, cancel the registration of such society after such inquiry as may be prescribed. (5) If the Central Government is of the opinion that in the interest of the owners of rights concerned, it is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the funclions of the copyright society.
View Complete Act List Judgments citing this sectionCopyright Act, 1957 Section 17
Title: First Owner of Copyright
State: Central
Year: 1957
.....owner of the copyright therein; 1[(dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; Explanation.--For the purposes of this clause and section 28A, "public undertaking" means-- (i) an undertaking owned or controlled by Government; or (ii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); or (iii) a body corporate established by or under any Central, Provincial or State Act;] (e) in the case of a work to which the provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein. ______________________ 1. Inserted by Act 23 of 1983, sec. 8 w.e.f. 9-8-1984.
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