Bare Act Search Results

Copyright Act, 1957 Section 37

Title: Broadcast Reproduction Right

State: Central

Year: 1957

.....beheard or seen by the public on payment of any charges; or (c) makes any sound recording orvisual recording of the broadcast; or (d) makes any reproduction ofsuch sound record ing or visual recording where such initial recording was donewithout licence or, where it was licensed, for any purpose not envisaged bysuch licence; or (e) sells or hires to thepublic, or offers for such sale or hire, any such sound recording or visualrecording referred to in clause (c) or clause (d), shall, subject to theprovisions of section 39, be deemed to have infringed the broadcastreproduction right.] _______________________ 1.Substituted by Act 38 of 1994, sec. 13, for section37 w.e.f. 10-5-1995.

COPYRIGHT ACT, 1957 Section 39

Title: Acts not infringing broadcast reproduction right or performer's right

State: Central

Year: 1957

1 [39.Acts not infringing broadcast reproduction right or performer's right,-- No broadcastreproduction right or performer's right shall be deemed to be infringed by-- (a) the making of any sound recordingor visual recording for the private use of the person making such recording, orsolely for purposes of bonafide teaching or research; or (b) the use, consistent withfair dealing, of excerpts of a performance or of a broadcast in the reportingof current events or for bonafide review, teaching or research; or (c) such other acts, with anynecessary adaptations and modifications, which do not constitute infringementof copyright under section 52. _______________________ 1.Substitutedby Act 38 of 1994, sec. 15, for section 39 w.e.f. 10-5-1995.

COPYRIGHT ACT, 1957 Section 39A

Title: Other provisions applying to broadcast reproduction right and performer's right

State: Central

Year: 1957

Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work: Provided that where copyright or performer's right subsists in respect of any work or performance that has been broadcast, on licence to reproduce such broadcast shall take effect without the consent of the owner of rights or performer, as the case may be, or both of them.]

Copyright Act, 1957 Complete Act

State: Central

Year: 1957

.....disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author. 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 until 17[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 10[sound recording] made in respect of the work have been sold to the public or have been offered for sale to the public. .....

Copyright Act, 1957 Chapter VI

Title: Licences

State: Central

Year: 1957

.....includes- (i) an artistic work, the author of which is a citizen of India; and (ii) a cinematograph film or a 2 [sound recording] made or manufactured in India. (2) Where two or more persons have made a complaint under sub-section (1), the licence shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public. ______________________ 1. Substituted by Act 23 of 1983, section 2, for "radio-diffusion" w.e.f. 9-8-1984. 2. Substituted by Act 38 of 1994, section 2 for "record" w.e.f. 10-5-1995. Section 31A - Compulsory licence in unpublished Indian works 1 [31A.Compulsory licence in unpublished Indian works.- (1) Where, in the caseof an Indian work referred to in sub-clause (iii) of clause (1) of section 2,the author is dead or unknown or cannot be traced, or the owner of thecopyright in such work cannot be lound, any person may apply to the CopyrightBoard for a license to publish such work or a translation thereof in anylanguage. (2) Before making an applicationunder sub-section (1), the applicant shall publish his proposal in one issue ofa daily newspaper in the English language having.....

Copyright Act, 1957 Section 32A

Title: Licence to Reproduce and Publish Works for Certain Purposes

State: Central

Year: 1957

.....copy is available for distribution only in India: Provided that no such licenceshall be granted unless-- (a) the applicant has proved to thesatisfaction of the Copyright Board that he had requested and had been deniedauthorisation by the owner of the copyright in the work to reproduce andpublish such work or that he was, after due diligence on his part, unable tofind such owner; (b) where the applicant wasunable to find the owner of the copyright, he had sent a copy of his requestfor such authorisation by registered airmail post to the publisher whose nameappears from the work not less than three months before the application for thelicence; (c) the Copyright Board issatisfied that the applicant is competent to reproduce and publish an accuratereproduction of the work and possesses the means to pay to the owner of thecopyright the royalties payable to him under this section; (d) the applicant undertakes toreproduce and publish the work at such price as may be fixed by the CopyrightBoard, being a price reasonably related to the price normally charged in Indiafor works of the same standard on the same or similar subjects; (e) a period of six months inthe case of an.....

Copyright 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.....

Copyright Act, 1957 Section 52

Title: Certain Acts Not to Be 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.....

Copyright (Amendment) Act, 2012, (Central) Section 32

Title: Amendment of Section 52

State: Central

Year: 2012

In section 52 of the principal Act, in sub-section (1),- (i) for clause (a), the following clause shall be substituted, namely:- (a) a fair dealing with any work, not being a computer programme, for the purposes of- (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public. Explanation.-The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright."; (ii) for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j), the following shall be substituted, namely:- "(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public; (c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been.....

Copyright Act, 1957 Chapter I

Title: Preliminary

State: Central

Year: 1957

.....of causing a computer to perform a particular task or achieve a particular result; (ffd) "copyright society" means a society registered under sub-section (3) of section 33;] (g) "delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or by 9 [broadcast]; (h) "dramatic work" includes any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but docs not include a cinematograph film; 10 [(hh) "duplicating equipment" means any mechanical contrivance or device used or intended to he 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; (k) "Government work" means a work which is made or published by or under the direction or control of-- .....