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

COPYRIGHT ACT, 1957 COPYRIGHT ACT, 1957 [Act No. 14 of Year 1957, dated 4th. June, 1957] An Act to amend and consolidate the law relating to copyright Be it enacted by Parliament in the Eighth Year of the Republic of India as follows: - CHAPTER I: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Copyright Act, 1957. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: INTERPRETATION In this Act, unless the context otherwise requires,- (a) "adaptation" means,- (i) in relation to a dramatic work, the conversion of the work into a non-dramatic work; (ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise; (iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; 2[* * *] (iv) in.....

Copyright Act, 1957 Chapter VI

Title: Licences

State: Central

Year: 1957

.....royally as the Copyright Board may,in the circumstances of such case, determine in the prescribed manner.] ______________________ 1. Inserted by Act 23 of 1983,section 12 w.e.f. 9-8-1984. Section 32 - Licence to produce and publish translations (1) Any person may applyto the Copyright Board for a licence to produce and publish a translation of a literaryor dramatic work in any language [after a period of seven years from the firstpublication of the work]. 1 [(1A)Notwithstanding anything contained in sub-section (1), any person may apply tothe Copyright Board for a licence to produce and publish a translation, inprinted or analogous forms of reproduction, of a literary or dramatic work,other than an Indian work, in any language in general use in India after aperiod of three years from the first publication of such work, if suchtranslation is required for the purposes of teaching, scholarship or research: Provided that where suchtranslation is in a language not in general use in any developed country, suchapplication may be made after a period of one year from such publication.] (2) Every 2 [applicationunder this section] shall be made in such form as may be.....

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

.....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.] .....

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-- .....