THE COPYRIGHT ACT, 1957

CHAPTER I

Preliminary

[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:

1. 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 date2 as the Central Government may, by notification in the Official Gazette, appoint.

2. 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;3

(iv) in relation to a musical work, any arrangement or transcription of the work; 4 and

(v) 5 in relation to any work, any use of such work involving its re-arrangement or alteration;

(b) “work of architecture” means any building or structure having an artistic character or design, or any model for such building or structure; 6

(c) “artistic work” means-

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;

(ii) work of architecture;7 and

(iii) any other work of artistic craftsmanship;

(d) “author” means,-

(i) in relation to a literary or dramatic work, the author of the work;

(ii) in relation to a musical work, the composer;

(iii) in relation to an artistic work other than a photograph, the artist;

(iv) in relation to a photograph, the person taking the photograph;

(v) in relation to a cinematograph8 or sound recording the producer; and

(vi) in relation to 9 [any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]

[(dd) 10 “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;

(f) 11 “cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means 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;

(ff) 12 “communication to the public” means making any work 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 copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work 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;

(ffa) 13 “composer’, in relation to a musical work, means the person who composes the music regardless of whether he records it in any form of graphical notation;

(ffb) 14 “computer” includes any electronic or similar device having information processing capabilities;

(ffc) 15 “computer programme” means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result;

(ffd) 16 “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

17[broadcast] by;

(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;

[(hh) 18 “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;

(k) “Government work” means a work which is made or published by or under the direction or control of-

(i) the Government or any department of the Government;

(ii) any Legislature in India;

(iii) any court, tribunal or other judicial authority in India;

[(l) 19 “Indian work” means a literary, dramatic or musical work,-

(i) the author of which is a citizen of India; or

(ii) which is first published in India; or

(iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India;

(m) 20 “infringing copy” means,-

(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;

(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;

(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;

(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;

(n) “lecture” includes address, speech and sermon;

(o) 21 “literary work” includes computer programmes, tables and compilations including computer 35A “literary data bases ;

(p) 22 “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;

(q) 23 “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers;

(qq) 24 “performer’ includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance;

25 *****

(s) “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film;

(t) “plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative,

26 [duplicating equipment] or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which 27 Sound recording for the acoustic presentation of the work are or are intended to be made;

(u) “prescribed” means prescribed by rules made under this Act;

(uu) 28″producer’, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;

29 *****

30 >*****

(x) 31 “reprography” means the making of copies of a work, by photo-copying or similar means;

(xx) 32 “sound recording” means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;

(y) “work” means any of the following works, namely:-

(i) a literary, dramatic, musical or artistic work;

(ii) a cinematograph film;

(iii) a 33[sound recording];

(z) “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;

(za) “work of sculpture” includes casts and models.

3. Meaning of publication. 34 For the purposes of this Act, “publication” means making a work available to the public by issue of copies or by communicating the work to the public.

4. When work not deemed to be published or performed in public. – Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright.

5. When work deemed to be first published in India. – For the purposes of this Act, a work published in lndia shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine.

6. Certain disputes to be decided by Copyright Board. 35 If any question arises,-

(a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or

(b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act, it shall be referred to the Copyright Board constituted under section 11 whose decision thereon shall be final:

Provided that if in the opinion of the Copyright Board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature it shall not be deemed to be publication for the purposes of that section.

7. Nationality of author where the making of unpublished work is extended over considerable period. -Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.

8. Domicile of corporations. – For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.

1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry by Reg. 7 of 1963, S. 3 and Sch. 1; and brought into force in the State of Sikkim (w.e.f. 27-4-1979): vide Notification No. S.O. 226(E), dated 27-4-1979, Gazette of India, Extraordinary, Part II, Section 3(ii), page 430

2. 21st January, 1968, vide Notification No. S.R.O. 269, dated 21-1-1958, Gazette of India,

Extraordinary, Part II, Section 3, page 167

3. Certain words omitted by Act 38 of 1994, s. 2.

4. Ins. by Act 38 of 1994, s. 2.

5. Ins. by Act 38 of 1994, s. 2.

6. Subs. by Act 38 of 1994, s. 2, for `architectural work of art’.

7. Subs. by Act 38 of 1994, s. 2 for “architectural work of art’,

8. Ins. by Act 38 of 1994. s. 2.

9. Ins. by Act 38 of 1994, s. 2.

10. Subs. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984)

11. Subs. by Act 38 of 1994, s. 2

12. Subs. by Act 38 of 1994, s. 2.

13. Subs. by Act 38 of 1994, s. 2.

14. Ins. by Act 38 of 1994, s. 2.

15. Ins. by Act 38 of 1994, s. 2.

16. Subs. by Act 38 of 1994, s. 2.

17. Subs. by Act 23 of 1983, s. 2, for “radio-diffusion” (w.9.f. 9-8-1984)

18. Subs. by Act 66 of 1984, s. 2 (w.e.f. 8-10-1984)

19. Subs. by s. 3, ibid for cl. (1) (w.e.f. 9.8.1984).

20. Subs. by Act 38 of 1994, s. 2.

21. Subs. by Act 38 of 1994, s. 2.

22. Subs. by Act 38 of 1994, s. 2

23. Subs. by Act 38 of 1994, s. 2

24. Subs. by Act 38 of 1994, s. 2.

25. Clause (r) omitted by Act 38 of 1994, s. 2.

26. Ins. by Act 68 of 1984, s. 2 (w.e.f. 8-10-1984).

27. Subs. by Act 38 of 1994, s. 2 for “records’

28. Ins. by Act 38 of 1994, s. 2.

29. Clause (v) omitted by Act 23 of 1983, s. 3 (w.e.f. 9.8.1984)

30. Clause (w) omitted by Act 38 of 1994, s. 2.

31. Subs. by Act 38 of 1994, s. 2.

32. Ins. by Act 38 of 1994, s. 2.

33. Subs. by Act 38 of 1994, s. 2. for “record”.

34. Subs. by Act 38 of 1994, s. 3.

35. Subs. by Act 38 of 1994, s. 6

[35A. . Subs. by Act 49 of 1999, Section 2, for databasis (wef 15.1.2000)]

INDIAN COPYRIGHT ACT, 1957

CHAPTER II

Copyright Office and Copyright Board

9. Copyright Office. – (1) There shall be established for the purposes of this Act an office to be called the Copyright Office.

(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government.

(3) There shall be a seal for the Copyright Office.

10. Registrar and Deputy Registrars of Copyrights . – (1) The Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.

(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and direction of the Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference to a Deputy Registrar of Copyrights when so discharging any such functions.

11. Copyright Board. – (1) As soon as may be after the commencement of this Act, the Central Government shall constitute a Board to be called the Copyright Board which shall consist of a Chairman and not less than two or more than 36 [fourteen] other members.

(2) The Chairman and other members of the Copyright Board shall hold office for such period and on such terms and conditions as may be prescribed.

(3) The Chairman of the Copyright Board shall be a person who is, or has been, a Judge 37 * * of a High Court or is qualified for appointment as a Judge of a High Court.

(4) The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall perform such functions as may be prescribed.

12. Powers and procedure of Copyright Board. – (1) The Copyright Board shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings:

Provided that the Copyright Board shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain.

Explanation.- In this sub-section “zone” means a zone specified in section 15 of the States

Reorganisation Act, 1956.

(2) The Copyright Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Copyright Board from amongst its members, each Bench consisting of not less than three members.

38 “Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.”;

(3) If there is a difference of opinion among the members of the Copyright Board or any Bench thereof in respect of any matter coming before it for decision under this Act, the opinion of the majority shall prevail:

39 Provided that where there is no such majority, the opinion of the Chairman shall prevail.

(4) The 40 [Chairman] may authorise any of its members to exercise any of the powers conferred on it by section 74 and any order made or act done in exercise of those powers by the member so authorised shall be deemed to be the order or act, as the case may be, of theBoard.

(5) No member of the Copyright Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest.

(6) No act done or proceeding taken by the Copyright Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.

(7) The Copyright Board shall be deemed to be a civil court for the purposes of 41 [sections 345 and 346 of the Code of Criminal Procedure, 1973], and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.

36. Subs. By Act 38 of 1994, s. 11 for “eight”.

37. Certain words omitted by Act 38 of 1994, s. 11

38. Ins. by Act 38 of 1994, s. 12.

39. Subs. By Act 38 of 1994, s. 12.

40. Subs. By Act 38 of 1994, 5. 12, for `Copyright Board’

41. Subs. By Act 23 of 1983, s. 6, for certain words (w.e.f. 9-8-1984).

INDIAN COPYRIGHT ACT, 1957

CHAPTER III

Copyright

13. Works in which copyright subsists.- (1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) 42[sound recordings;]

(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 a 43 [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 44 [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 a substantial part of the film is an infringement of the copyright in any other work;

(b) in any 45 [sound recording] made in respect of a literary, dramatic or musical work, if in making the

46 [sound recording], copyright in such work has been infringed.

(4) The copyright in a cinematograph film or a 47 [sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the 48 [sound recording] is made.

(5) In the case of a 49 [work of architecture] copyright shall subsist only in the artistic character and design and shall not extent to processes or methods of construction.

14.50 Meaning of copyright.-For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-

(a) in the case of a literary, dramatic or musical work, not being a computer programme, –

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,-

(i) to do any of the acts specified in clause (a);

51A “(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.”

(c) in the case of an artistic work,-

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in

sub-clauses (i) to (iv);

(d) In the case of cinematograph film, –

(i) to make a copy of the film, including a photograph of any image forming part thereof;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) In the case of sound recording, –

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public.

Explanation : For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act,1911.-(1) Copyright shall not subsist under this Act in any design which is registered under the 51*** Designs Act, 1911.

(2) Copyright in any design, which is capable of being registered under the Designs Act, 1911, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person.

16. No copyright except as provided in this Act.-No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or any other law for the time being in force, but nothing in this section shall be constructed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

42. Subs. by Act 38 of 1994, s. 12, for “records”

43. Subs. by Act 38 of 1994, s. 12, for `architecture work of arr’.

44. Subs. by Act 38 of 1994, s. 12, for “an architectural woek of art’.

45. Subs. by Act 38 of 1994, s. 12, for ‘record’.

46. Subs. by Act 38 of 1994, s. 12, for ‘rerord’.

47. Subs. by Act 38 of 1994, s. 12, for `record’.

48. Subs. by Act 38 of 1994, s. 12, for “record’.

49. Subs. by Act 38 of 1994, s. 2, for “architecture work act’.

50. Subs. by Act 38 of 1994, s. 14.

51. The words “Indian Patents and” omitted by Act 23 of 1983, s.7(w.e.f. 9-8-1984)

[51A. Subs by Act 49 of 1999, Section 3, for sub clause (ii) (wef 15.1.2000)]

INDIAN COPYRIGHT ACT, 1957

CHAPTER IV

Ownership of Copyright and the Rights of the Owner

17. First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein

Provided that-

(a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;

(b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

(c) in the case of a work made in the course of the author s employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

[(cc) 52 in the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;]

(d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

[(dd) 53 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; 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.

18. Assignment of copyright. -(1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof:

Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.

(3) In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

19.Mode of assignment.- [(1)]54 No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.

(2) 55 The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.

(3) 56 The assignment of copyright in any work shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4)57 Where the assignee does not exercise the rights assigned to him under any of the other subsections of this section within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

(5) 58 If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

(6) 59 If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.

(7) 60 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 the Copyright

(Amendment) Act, 1994.

19A61 Disputes with respect to assignment of copyright.-(1) If an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the Copyright Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright the Copyright Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:

Provided that the Copyright Board shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author :

Provided further that no order of revocation of assignment under this sub-section, be made within a period of five years from the date of such assignment.

20. Transmission of copyright in manuscript by testamentary disposition.-Where under a request a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator’s will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Explanation.- In this section, the expression “manuscript” means the original document embodying the work, whether written by hand or not.

21. Right of author to relinquish copyright.-(1) The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice.

(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause it to be published in the Official Gazette and in such other manner as he may deem fit.

(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of the notice referred to in sub-section (1).

52. Ins. by s. 8, ibid. (w.e.f. 9-8-1984)

53. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984)

54. S. 19 re-numbered as sub-section (1) thereof by s. 9, ibid., (W.G.f. 9-8-1984)

55. (Subs. by Act 38 of 1994, s. 19.)

56. (Subs. by Act 38 of 1994, s. 19)

57. (Subs. by Act 38 of 1994, s. 19)

58. (Subs. by Act 38 of 1994, s. 19.)

59. (Subs. by Act 38 of 1994, s, 19.)

60. (Subs. by Act 38 of 1994, s. 19.)

61. Subs. by Act 38 of 1994, s. 19

INDIAN COPYRIGHT ACT, 1957

CHAPTER V

Term of Copyright

22. Term of copyright in published literary, dramatic, musical and artistic works.-Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until 62[sixty] years from the beginning of the calendar year next following the year in which the author dies.

Explanation.- In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

23. Term of copyright in anonymous and pseudonymous works.-(1) In the case of a literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until 63[sixty] years from the beginning of the calendar year next following the year in which the work is first published :

Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 64[sixty] years from the beginning of the calendar year next following the year in which the author dies.

(2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,-

(a) where the identity of one of the authors is disclosed, as references to that author;

(b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors.

(3) In sub-section (1) references to the author shall, in the case of a pseudonymous work of joint authorship, be construed,-

(a) where the names of one or more (but not all) of the authors are pseudonymous and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last;

(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and

(c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last.

Explanation.- For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either 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.

24. Term of copyright in the 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 65[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 records made in respect of the work have been sold to the public or have been offered for sale to the public.

25. Term of copyright in photographs.-In the case of a photograph, copyright shall subsist until 66[sixty] years from the beginning of the calendar year next following the year in which the photograph is published.

26. Term of copyright in cinematograph films.-In the case of a cinematograph film, copyright shall subsist until 67[sixty] years from the beginning of the calendar year next following the year in which the film is published.

27. Term of copyright in records.-In the case of a 68[sound recording], copyright shall subsist until 69[sixtyl years from the beginning of the calendar year next following the year in which the 70 [sound recording] is published.

28. Term of copyright in Government work.- In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until 71[Sixty] years from the beginning of the calendar year next following the year in which the work is first published. 72[28A. Term of copyright in works of public undertakings.- In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall until 73[sixty] years from the beginning of the calendar year next following the year in which the work is first published.

29. Term of copyright in works of international organisations.- In the case of a work of an international organisation to which the provisions of section 41 apply, copyright shall subsist until 74[sixty] years from the beginning of the calendar year next following the year in which the work is first published.

62. Subs. by Act 13 of 1992, s. 2 for’fifty’.

63. Subs. by Act 13 of 1992, s. 2 for’fifty”.

64. Subs. by Act 13 of 1992, s. 2 for `fifty”.

65. Subs. by Act 13 of 1992, S. 2 for `fifty’

66. Subs. by Act 13 of 1992, s. 2 for’fifty’.

67. Subs. by Act 13 of 1992, s. 2 for `fifty’.

68. Subs. by Act 38 of 1994, s. 2 for “record”.

69. Subs. by Act 13 of 1992, 2 for `fifty’.

70. Subs. by Act 38 of 1994, s. 2 for “record”

71. Subs. by Act 13 of 1992, s. 2 for “fiW”

72. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1994)

73. Subs. by Act 13 of 1992, s. 2 for “lifty”

74. Subs. by Act 13 of 1992, s. for “fifty”

INDIAN COPYRIGHT ACT, 1957

CHAPTER VI

LICENCES

30.Licences by owners of copyright.- The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing signed by him or by his duly authorised agent:

Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence.

Explanation.- Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

75 30A. Application of sections 19and 19A.-The provisions of sections 19 and 19A shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.

31. Compulsory licence in works withheld from public.-(1) If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright Board that the owner of copyright in the work-

(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or

(b) has refused to allow communication to the public by 76[broadcast], of such work or in the case of 77[sound recording] the work recorded in such [sound recording], on terms which the complainant considers reasonable; the Copyright Board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by [broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Copyright Board may determine; and thereupon the Registrar of Copyrights shall grant the licence to the complainant in accordance with the directions of the Copyright Board, on payment of such fee as may be prescribed.

Explanation.- In this sub-section, the expression “Indian work’ includes-

(i) an artistic work, the author of which is a citizen of India; and

(ii) a cinematograph film or a record 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.

31A.Compulsory licence in unpublished Indian works.-(1) Where, in the case of an Indian work referred to in sub-clause (iii) of clause (a) of section 2, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or a translation thereof in any language.

(2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language.

(3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the Copyright Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the Copyright Board.

(5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the Copyright Board in the public account of India or in any other account specified by the Copyright Board so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time.

(6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it.

(7) Where any work is not published within the period specified by the Central Government under sub-section (6), the Copyright Board may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the Copyright Board may, in the circumstances of such case, determine in the prescribed manner.]

32.Licence to produce and publish translations.- (1) Any person may apply to the Copyright Board for a licence to produce and publish a translation of a literary or dramatic work in any language 2[after a period of seven years from the first publication of the work].

(1A)80 Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright Board for a licence to produce and publish a translation, in printed 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 a period of three years from the publication of such work, if such translation is required for the purposes of teaching, scholarship or research:

Provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publications.]

(2) Every 81[application under this section] shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work.

(3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in 82[the application-

(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner; and

(ii) where such licence is granted on an application under sub-section (1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India:

Provided that nothing in clause (ii) shall apply to the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish to any country if-

(1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and

(3) in either case, the permission for such export has been given by the Government of that country]

83[Provided further that no licence under this section] shall be granted, unless-

(a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, 82[within seven years or three years or one year, as the case may be, of the first publication of the work], or if a translation has been so published, it has been out of print;

(b) the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that 84[he was, after due diligence on his part, unable to find] the owner of the copyright;

(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for 85[such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub-section (1)], not less than two months before 85[such application];

[(cc)84 a period of six months in the case of an application under sub-section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso, or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be;

(ccc) in the case of any application made under sub-section (1A),-

(i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation;

(ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with;]

(d) the Copyright Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;

(e) the author has not withdrawn from circulation copies of the work; and

(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.

[(5)84 Any broadcasting authority may apply to the Copyright Board for a licence to produce and publish the translation of-

(a) a work referred to in sub-section (1A) and published in printed or analogous forms of reproduction; or

(b) any text incorporated in audio-visual fixations prepared had published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field.

(6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under subsection

(5) and such licence shall not also be granted unless-

(a) the translation is made from a work lawfully acquired;

(b) the broadcast is made through the medium of sound and visual recordings;

(c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by any other broadcasting agency; and

(d) the translation and the broadcasting of such translation are not used for any commercial purposes.Explanation.- For the purposes of this section,-

(a) “developed country” means a country which is not a developing country;

(b) “developing country” means a country which is for the time being regarded as such in conformity with the practice of the General Assembly of the United Nations;

(c) “purposes of research” does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by Government) or other associations or body of persons for commercial purposes;

(d) “purposes of teaching, research or scholarship” includes-

(i) purposes of instructional activity at all levels in educational institutions, including Schools, Colleges, Universities and tutorial institutions; and

(ii) purposes of all other types of organised educational activity.]

[32A.Licence to reproduce and publish works for certain purposes.-86(1) Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,-

(a) the copies of such edition are not made available in India; or

(b) such copies have not been put on sale in India for a period of six months to the general public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the Copyright Board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or a lower price for the purposes of systematic instructional activities.

(2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced.

(3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,-

(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner;

(ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside India and every copy of such reproduction shall contain a notice that the copy is available for distribution only in lndia :

Provided that no such licence shall be granted unless-

(a) the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner;

(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered airmail post to the publisher whose name appears from the work not less than three months before the application for the licence;

(c) the Copyright Board is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;

(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the Copyright Board, being a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects;

(e) a period of six months in the case of application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause (a), or where a copy of the request has been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be;

(f) the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction;

(g) the author has not withdrawn from circulation copies of the work; and

(h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.

(5) No licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in India.

(6) The provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities.

Explanation.- For the purposes of this section, “relevant period”, in relation to any work, means a period of-

(a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;

(b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, natural science, physical science, mathematics or technology; and

(c) five years from the date of the first publication of that work, in any other case.

32B. Termination of licences issued under this chapter.-(1) If, at any time after the granting of a licence to produce and publish the translation of a work in any language under sub-section (1A) of section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid:

Provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted.

(2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32A, the owner of the right of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for work of the same standard on the same or similar subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid:

Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.]

75. Ins. by Act 38 of 1994, s. 30. )

76. Subs. by Act 23 of 1983, s. 2 for “radio-diffusion” (w.e.f. 9-8-1984)

77. Subs. by Act 38 of 1994, s. 2 for “record”

78. Lins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).

79. Subs. by Act 38 of 1994, s. 12 (w.e.f. 9-8-1984).

80. Ins. by S. 13, ibid. (w.e.f. 9-8-1984).

81. Subs. by Act 23 of 1983, for “such application” (w.e.f. 9-8-1984).

82. Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).

83. Subs. by s. 13, ibid., for “Provided that no such licence” (w.e.f. 9-8-1984).

84. Ins. by s.13, ibid (w.e.f. 9-8-94).

85. Subs. by Act 23 of 1983, s. 13 for certain words (w.e.f. 9-8-94).

86. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).

INDIAN COPYRIGHT ACT, 1957

CHAPTER VII

Copyright Societies

33. 1 Registration of Copyright Society.- (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists on respect or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3):

Provided that owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society:

Provided further that the performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 shall be deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year from the date of commencement of the

Copyright (Amendment) Act, 1994.

(2) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government.

(3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed:

Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of works.

3[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyrights on the working of the copyright society under section 36:

Provided that the renewal of the registration of a copyright society shall be subject to the continued
collective control of the copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty:

Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012.]

(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 1[authors and other owners of right] 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 1[authors and other owners of right] concerned 2[or for non-compliance of sections 33A, sub-section (3) of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it], 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 functions of the copyright society.

[33A. Tariff Scheme by copyright societies.- (1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed.

(2) Any person who is aggrieved by the tariff scheme may appeal to the 4[Appellate Board] and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:

Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the 4[Appellate Board] and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal:

Provided further that the 4[Appellate Board] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal.]

34. Administration of rights of owner by copyright society.- (1) Subject to such conditions as may be prescribed,-

(a) a copyright society may accept from an 1[author and other owners of right] exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and

(b) an 1[author and other owners of right] shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.

(2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation:

Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works.

(3) Subject to such conditions as may be prescribed, a copyright society may-

(i) issue licences under section 30 in respect of any rights under this Act;

(ii) collect fees in pursuance of such licences;

(iii) distribute such fees among 1[author and other owners of right] after making deductions for its own expenses;

(iv) perform any other functions consistent with the provisions of section 35.

34A. [Payment of remunerations by copyright society.] Rep. by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012).

35. Control over the copyright society by the 2[author and other owners of right].-

(1) Every copyright society shall be subject to the collective control of the [author and other owners of right] under this Act whose rights it administers (not being [author and other owners of right] under this Act administered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in
such manner as may be prescribed,-

(a) obtain the approval of such 2[author and other owners of right] for its procedures of collection and distribution of fees;

(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the 2[author and other owners of right]; and

(c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.

(2) All fees distributed among the 2[author and other owners of right] shall, as far as may be, be distributed in proportion to the actual use of their works

[(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.]

[(4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of right in the distribution of royalties.]

36. Submission of returns and reports.- (1) Every copyright society shall submit to the Registrar of Copyrights such returns as may be prescribed.

(2) Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act.

36A. Rights and liabilities of performing rights societies.- Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a 2[copyright society] which had accrued or were incurred on or before the day prior to the commencement of 3[the Copyright (Amendment) Act, 2012 (27 of 2012], or any legal proceedings in respect of any such rights or liabilities pending on that day.]

CHAPTER VIII
[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS]

[37. Broadcast reproduction right.- (1) Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,-

(a) re-broadcast the broadcast; or

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or

(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or

[(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d)].]
shall, subject to the provision of section 39, be deemed to have infringed the broadcast reproduction right.

[38. Performer’s right.- (1) Where any performer appears or engages in any performance, he shall have a special right to be known as the “performer’s right” in relation to such performance.

(2) The performer’s right shall subsist until [fifty years] from the beginning of the calendar year next following the year in which the performance is made.

[***]

[38A. Exclusive right of performers.- (1) Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:-

(a) to make a sound recording or a visual recording of the performance, including-

(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;

(ii) issuance of copies of it to the public not being copies already in circulation;

(iii) communication of it to the public;

(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy of the recording;

(b) to broadcast or communicate the performance to the public except where the performance is already broadcast.

(2) Once a performer has, by written agreement, consented to the incorporation of his performance in
a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film:

Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.]

[38B. Moral rights of the performer.- The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,-

(a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and

(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation.

Explanation.-For the purposes of this clause, it is hereby clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.]

[39. Acts not infringing broadcast reproduction right or performer’s right.- No broadcast reproduction right or performer’s right shall be deemed to be infringed by-

(a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or

(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or

(c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.]

[39A. Certain provisions to apply in case of broadcast reproduction right and performer’s rights. (1)Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall, with 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, no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer, as the case may be, or both of them:

Provided further that the broadcast reproduction right or performer’s right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work.

(2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.]

CHAPTER IX
INTERNATIONAL COPYRIGHT

40. Power to extend copyright to foreign works.- The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act shall apply-

(a) to works first published in any territory outside India to which the order relates in like manner as if they were first published within India;

(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India;

(c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India;

(d) to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time;

and thereupon, subject to the provisions of this Chapter and of the 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 the 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 the 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 [but such a term or copyright shall not exceed the term of copyright provided under this Act];

(iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order;

(v) in applying the provisions of this Act as to ownership of copyright, the order may make such exceptions and modifications as appear necessary, having regard to the law of the foreign country;

(vi) the order may provide that this Act or any part thereof shall not apply to works made before the commencement of the order or that this Act or any part thereof shall not apply to works first published before the commencement of the order.

[40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries.- (1) If the Central Government is satisfied that a foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which India is also a party) 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 foreign country, of the rights of broadcasting organizations and performers as is available under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply-

(a) to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitter situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India;

(b) to performances that took place outside India to which the order relates in like manner as if they took place in India;

(c) to performances that are incorporated in a sound recording published in a country to which the order relates as if it were published in India;

(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitter which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.

(2) Every order made under sub-section (1) may provide that-
(i) the provisions of Chapter VIII, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order;

(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates
[Provided that it does not exceed the period provided under this Act;]

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order;

(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order;

(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.]

41. Provisions as to works of certain international organisations.- (1) Where-
(a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and

(b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and

(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or

(ii) under section 17 any copyright in the work would belong to the organisation;
there shall, by virtue of this section, be copyright in the work throughout India.

(2) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.

(3) The organisations to which this section applies are such organisations as the Central Government may, by order2 published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.

42. Power to restrict rights in works of foreign authors first published in India.- If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian authors, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works.

[42A. Power to restrict rights of foreign broadcasting organisations and performers.- If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers:]

43. Orders under this Chapter to be laid before Parliament.- Every order made by the Central Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following

CHAPTER X
REGISTRATION OF COPYRIGHT

44. Register of Copyrights.- There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.

45. Entries in Register of Copyrights.- (1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights:

[Provided that in respect of an artistic work which is used or is capable of being used in [relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in [section 3 of the Trade Marks Act, 1999 (47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]

(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.

46. Indexes.- There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.

47. Form and inspection of register.- The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.

48. Register of Copyrights to be prima facie evidence of particulars entered therein.- The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.

49. Correction of entries in the Register of Copyrights.- The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by-

(a) correcting any error in any name, address or particulars; or

(b) correcting any other error which may have arisen therein by accidental slip or omission.

50. Rectification of Register by 1[Appellate Board].- The [Appellate Board], on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by-

(a) the making of any entry wrongly omitted to be made in the register, or

(b) the expunging of any entry wrongly made in, or remaining on, the register, or

[50A. Entries in the Register of Copyrights, etc., to be published.- Every entry made in the Register 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 every rectification ordered under section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.]

CHAPTER XI
INFRINGEMENT OF COPYRIGHT

51. When copyright infringed.- Copyright in a work shall be deemed to be infringed-

(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act-

(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or

[(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or]

(b) when any person-

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or

(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or

(iii) by way of trade exhibits in public, or

(iv) imports 2*** into India,

any infringing copies of the work:

[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.]

Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an “infringing copy”

52. Certain acts not to be infringement of copyright.- (1) The following acts shall not constitute an infringement of copyright, namely,-
4[(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.]

[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy-

(i) in order to utilise the computer programme for the purpose for which it was supplied; or

(ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;]

2[(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;

(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;

(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use;]

[(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 expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:

Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a

period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;

(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;

(e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;

(f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force;

(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work;

(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instructional use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists:

Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years.
Explanation.- In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person;

(i) the reproduction of any work-

(i) by a teacher or a pupil in the course of instruction; or

(ii) as part of the question to be answered in an examination; or

(iii) in answers to such questions;

(j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;

(k) the causing of a recording to be heard in public by utilising it,-

(i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided
exclusively or mainly for residents therein; or

(ii) as part of the activities of a club or similar organisation which is not established or conducted for profit;]

(l) the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;

(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;

1[(n) the storing of a work in any medium by electronic means by a non-commercial public library, for preservation if the library already possesses a non-digital copy of the work;]

(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a 2[non-commercial public library] for the use of the library if such book is not available for sale in India;

(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access:

Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than 3[sixty years] from the date 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 of more authors than one is known from the death of such of those authors who dies last;

(q) the reproduction or publication of-

(i) any matter which has been published in any Official Gazette except an Act of a Legislature;

(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;

(iii) the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government;

(iv) any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;

(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder-

(v) if no translation of such Act or rules or orders in that language has been previously been produced or published by the Government; or

(vi) where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public:

Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government;

1[(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;]

(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;

(u) the inclusion in a cinematograph film of-

(i) any artistic work permanently situate in a public place or any premises to which the public has access; or

(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;

(v) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work:

Provided that he does not thereby repeat or imitate the main design of the work;
2[(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device;]

(x) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed:

Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;

(y) in relation to a literary, 1[dramatic, artistic or] musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein:

Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by

an acknowledgment-

(i) identifying the work by its title or other description; and

(ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author;

2[(z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;

(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.

Explanation.- For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage;]

3[(zb) the adaptation, reproduction, issue of copies or communication to the public of any work in any accessible format, by-

(i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or

(ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons:
Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production:

Provided further that the organisation shall ensure that the copies of works in such accessible format are used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business.

Explanation.- For the purposes of this sub-clause, “any organisation” includes an organisation registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons with disability or recognised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1995 (1 of 1996) or receiving grants from the Government for facilitating access to persons with disabilities or an educational institution or library or archives recognised by the Government;

1[(zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being imported lawfully.]

(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.

[52A. Particulars to be included in 3[sound recording] and video films.- (1) No person shall publish a 3[sound recording] in respect of any work unless the following particulars are displayed on the 3[sound recording] and on any container thereof, namely:-

(a) the name and address of the person who has made the sound recording;

(b) the name and address of the owner of the copyright in such work; and

(2) No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof, namely:-

(a) if such work is a cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work;

(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright in such work for making such video film; and

52B. [Accounts and audit.] Omitted by the Copyright Act, 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012).

[53. Importation of infringing copies.- (1) The owner of any right conferred by this Act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to the Commissioner of Customs, or to any other officer authorised in this behalf by the Central
Board of Excise and Customs,-

(a) that he is the owner of the said right, with proof thereof; and

(b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice.

(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit:

Provided that the owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that the works are not infringing copies.

(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the detention of such goods within forty-eight hours of their detention.

(4) The Customs Officer shall release the goods, and they shall no longer be treated as prohibited goods, if the person who gave notice under sub-section (1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.]

[53A. Resale share right in original copies.- (1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:

Provided that such right shall cease to exist on the expiration of the term of copyright in the work.

(2) The share referred to in sub-section (1) shall be such as the [Appellate Board] may fix and the decision of the [Appellate Board] in this behalf shall be final:

Provided that the 2[Appellate Board] may fix different shares for different classes of work:

Provided further that in no case shall the share exceed ten percent of the resale price.

(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the 1[Appellate Board] whose decision shall be final.]

CHAPTER XII CIVIL

REMEDIES

54. Definition.- For the purposes of this Chapter, unless the context otherwise requires, the expression “owner of copyright” shall include-

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the [Appellate Board] by that author or his legal representatives.

55. Civil remedies for infringement of copyright.- (1) Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right:

Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, 2[or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court.

56. Protection of separate rights.- Subject to the provisions of this Act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.

57. Author’s special rights.- 1[(1) Independently of the author’s copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right-

(a) to claim authorship of the work; and

(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work 2[***] if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:

Provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.

Explanation.- Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section.]

(2) The right conferred upon an author of a work by sub-section (1), 3[***], may be exercised by the legal representatives of the author.

58. Rights of owner against persons possessing or dealing with infringing copies.-

All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof:

Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves-

(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies; or

(b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.

59. Restriction on remedies in the case of works of architecture.- (1) Notwithstanding anything contained in 1[the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition.

(2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work

60. Remedy in the case of groundless threat of legal proceedings.- Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained [in section 34 of the Specific Relief Act, 1963 (47 of 1963)], institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit-

(a) obtain an injunction against the continuance of such threats; and

(b) recover such damages, if any, as he has sustained by reason of such threats:

Provided that this section shall not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.

61. Owner of copyright to be party to the proceeding.- (1) In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee.

(2) Where any civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.

62. Jurisdiction of court over matters arising under this Chapter.- (1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a “district court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

CHAPTER XIII

OFFENCES

63. Offence of infringement of copyright or other rights conferred by this Act.- Any person who knowingly infringes or abets the infringement of-

(a) the copyright in a work, or

(b) any other right conferred by this Act 1[except the right conferred by section 53A],

[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees]:

Provided that 1[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]
Explanation.- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

[63A. Enhanced penalty on second and subsequent convictions.- Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that [where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:

Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]

[63B. Knowing use of infringing copy of computer programme to be an offence.-

Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

Provided that where the computer programme has not been used for gain or in the course of trade or business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.]

64. Power of police to seize infringing copies.- [(1) Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.]

(2) Any person having an interest in any copies of a work [, or plates] seized under sub-section (1) may, within fifteen days of such seizure, make an application to the Magistrate for such copies [, or plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit.

65. Possession of plates for purpose of making infringing copies.- Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to [two years and shall also be liable to fine.]

[65A. Protection of technological measures.- (1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) shall prevent any person from,-

(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:

Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or

(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or

(d) doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner; or

(e) operator; or

(f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or

(g) taking measures necessary in the interest of national security.

65B. Protection of Rights Management Information.- Any person, who knowingly, –
(i) removes or alters any rights management information without authority, or

(ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority,
shall be punishable with imprisonment which may extend to two years and shall also be liable to fine:

Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under Chapter XII against the persons indulging in such acts.]

66. Disposal of infringing copies or plates for purpose of making infringing copies.- The Court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright [or may make such order as it may deem fit regarding the disposal of such copies or plates].

67. Penalty for making false entries in register, etc., for producing or tendering false entries.- Any person who,-

(a) makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or

(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or

(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false,

shall be punishable with imprisonment which may extend to one year, or with fine, or with both

68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer.- Any person who,-

(a) with a view to deceiving any authority or officer in the execution of the provisions of this Act, or

(b) with a view to procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder,

makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

[68A. Penalty for contravention of section 52A.- Any person who publishes a [sound recording] or a video film in contravention of the provisions of section 52A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.]

69. Offences by companies.- (1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section-

(a) “company” means any body corporate and includes a firm or other association of persons; and

(b) “director”, in relation to a firm means a partner in the firm.

70. Cognizance of offences.- No Court inferior to that of [a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence under this Act.

CHAPTER XIV

APPEALS

71. Appeals against certain orders of Magistrate.- Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to the Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

72. Appeals against orders of Registrar of Copyrights and 1[Appellate Board].- (1) Any person
aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the 1[Appellate Board].

(2) Any person aggrieved by any final decision or order of the 1[Appellate Board], not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:

Provided that no such appeal shall lie against a decision of the 1[Appellate Board] under section 6.

(3) In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded.

73. Procedure for appeals.- The High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under section 72.

CHAPTER XV

MISCELLANEOUS

74. Registrar of Copyrights and 1[Appellate Board] to possess certain powers of civil courts.- The Registrar of Copyrights and the [Appellate Board] shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, –

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) issuing commissions for the examination of witnesses or documents;

(e) requisitioning any public record or copy thereof from any court or office;

(f) any other matter which may be prescribed

.
Explanation.- For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the [Appellate Board], as the case may be, shall be the limits of the territory of India.

75. Orders for payment of money passed by Registrar of Copyrights and [Appellate Board] to be executable as a decree.- Every order made by the Registrar of Copyrights or the [Appellate Board] under this Act for the payment of any money or by the High Court in any appeal against any such order of the [Appellate Board] shall, on a certificate issued by the Registrar of Copyrights, the [Appellate Board] or the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.

76. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

77. Certain persons to be public servants.- Every officer appointed under this Act and every member of the 1[Appellate Board] shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

78. Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make 2rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-

3[***]

(b) the form of complaints and applications to be made, and the licences to be granted, under this
Act;

[(cA) the form and manner in which an organisation may apply to the 1[Appellate Board] for compulsory licence for disabled and the fee which may accompany such application under sub-section (1) of 31B;

(cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31C;

(cC) the register and books of account and the details of existing stock which a person making sound recording may maintain under sub-section (5) of section 31C;

(cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31D;

(cE) the reports and accounts which may be maintained under clause (a), and the inspection of records and books of account which may be made under clause (b) or sub-section (7) of section 31D];

[(ca) the conditions for submission of application under sub-section (2) of section 33;

(cb) the conditions subject to which a copyright society may be registered under sub-section (3) of section 33;

(cc) the inquiry for cancellation of registration under sub-section (4) of section 33;]
[(ccA) the manner in which a copyright society may publish its Tariff Scheme under sub-section (1) of section 33A;

(ccB) the fee which is to be paid before filing an appeal to the 1[Appellate Board] under sub-section (2) of section 33A;

(ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (3A) of section 33;]

2[(cd) the conditions subject to which the copyright society may accept authorisation under clause (a) of sub-section (1) of section 34 and the conditions subject to which owners or rights have right to withdraw such authorisation under clause (d) of that sub-section;

(ce) the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34;]

(cf) the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub-section (1) of section 35;

(cg) the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36;]

(d ) the manner of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;

[(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52;]

[***]

(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered therein;

(f) the matters in respect of which the Registrar of Copyrights and the 1[Appellate Board] shall have powers of a civil court;

(g) the fees which may be payable under this Act;

(h) the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights.

[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

79. Repeals, savings and transitional provisions.- (1) The Indian Copyright Act, 1914 (3 of 1914),
and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 are hereby repealed.

(2) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by the 1[Appellate Board].

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).

(4) Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are
conferred by that section, the owner of such rights shall be-

(a) in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest;

(b) in any other case, the person who was the first owner of the copyright in the work under any Act repealed by sub-section (1) or his legal representatives.

(5) Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act had not come into force.

(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.

(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.

THE COPYRIGHT RULES, 2013

THE COPYRIGHT RULES, 2013
In exercise of power conferred by section 78 of the Copyright Act, 1957, and in
supersession of the Copyright Rules, 1958, except as respect things done or omitted to
be done before such supersession, the Central Government hereby makes the following
Rules, namely:

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.-(1) These rules may be called the
Copyright Rules, 2013.

(2) They shall come into force on the date2 of their publication in the Official Gazette.

2. Interpretations.-In these rules, unless the context otherwise requires,-
(a) “Act” means the Copyright Act, 1957 (14 of 1957);
(b) “Board” means a Copyright Board as defined in sub-section (1) of section 11;
(c) “copyright business” means the business of issuing or granting licence in respect
of a right or set of rights in specific act in respect of a work or any substantial
part thereof referred to in section 14 and includes the functions referred to in
sub-section (3) of section 34;
(d) “Form” means a form set out in the First Schedule;
(e) “Schedule” means Schedule to these rules; and
(f) “Section” means a section of the Act.
(2) Words and expression used herein but not defined and defined in the Copyright
Act, 1957, shall have the meanings respectively assigned to them in that Act.

CHAPTER II

THE COPYRIGHT BOARD

3. Terms and conditions of the office of the Chairman or members of the
Board.- The Chairman and other members of the Board shall be appointed for such period not exceeding five years as the Central Government may in each case deems fit:

Provided that the Chairman and 1[the other member shall hold office as such after he

has attained,-

(a) in the case of Chairman, the age of sixty-five years; and

(b) in the case of any other Member, the age of sixty-two years.

(2) (i) A person shall not be qualified for appointment as Chairman unless he –

(a) is or has been a Judge of a High Court; or

(b) is qualified for appointment as a Judge of a High Court;

(ii) A person shall not be qualified for appointment as member unless he-

(a) is or has been a member of the Indian Legal Service and has held a post
in Grade I of that Service for at least three years; or

(b) has, for at least ten years, held a judicial office; or

(c) is or has been a Member of a Tribunal or Civil Service not below the rank
of a Joint Secretary to Government of India with three years’ experience in
the field of Copyright; or

(d) has, for at least ten years, been an advocate of a proven specialized
experience in Copyright Law;

(iii) The Chairman and other Members shall be appointed by the Central
Government; and

(iv) No person shall be appointed as Chairman except after consultation with the
Chief Justice of India.

(3) The Chairman and other members of the Board shall, on the expiry of the period of their appointment, be eligible for re-appointment.

(4) The Chairman or any other member of the Board may resign his office by giving three months’ notice in writing to the Central Government:

Provided that the Chairman or any other member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the
expiry.

(5) The Chairman or any other member shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which the Chairman or the other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

CHAPTER III

RELINQUISHMENT OF COPYRIGHT

4. The author of a work desiring to relinquish under section 21 all or any of the rights comprised in the copyright in the work shall give notice to the Registrar of Copyrights in Form I or give public notice under sub-rule (2) of rule 5.

5. (1) The Registrar of Copyrights shall, within fourteen days from the date of the
publication of the notification in the Official Gazette, post the notice on the website of the Copyright Office so as to remain the same in public domain for a period of not less than three years.

(2) The author relinquishing the rights under rule 5 by giving public notice shall
include in the notice the details as given below:-

(a) Class of the works (given in sub-section (1) of section 13);

(b) Title of the work;

(d) Language of the work;

(e) Name, address and nationality of the publisher, if published, with year of
publication and country of first publication;

(f) If copyright in the work is registered under section 45, the Registration
number;

(g) The right or rights to be relinquished; and

(h) The date of relinquishment of the rights.

(3) The author may forward a copy of the public notice, along with proof of his
identity, to the Registrar and on receiving such notice, the Registrar shall post the same on the website of the Copyright Office.

Explanation.- For the purpose of this Chapter, the term ” public notice” means-

(i) mentioning of notice on the work or cover of the work; or

(ii) publication in one issue of a daily newspaper in the English language having
circulation in the major part of the country and also in one issue of any daily
news paper in the same language of the work; or

(iii) Posting the notice on the web site of the Copyright Office at the request of the
author by giving the details as required under sub-rule (2).

CHAPTER IV
COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC

6. Application for licence.- (1) An application for a licence under section 31 to republish the work or perform the work in public or communicate the work to the public by broadcast shall be made in Form II and shall be accompanied by the fee specified in the Second Schedule.

(2) Every such application shall be made in respect of one work only.

(3) Every application to re-publish the work or perform the work in public shall be
accompanied with adequate evidence to show that the owner of copyright has refused to re-publish or has allowed the re-publication of the work or has refused to allow the performance of the work in public, and the reasons for such refusal.

(4) Every application for communication of the work to the public by broadcast shall
be accompanied with adequate evidence along with reasons or grounds to show that the owner of copyright has refused to allow-

(a) the communication of work by broadcast to the public; or

(b) in the case of sound recording, the reasons for the applicant to consider the
terms unreasonable

7. Notice for application.- (1) A copy of application under rule 6 along with the
documents relied upon shall be served on the owner of the copyright by registered post.

(2) The Board shall give an opportunity of being heard to the owner of the copyright and the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, and shall take such evidence in respect of the application, as it deems fit.

(3) The Board may, if satisfied, direct the Registrar of Copyright to grant licence
applied for to the applicant or, if there are more than one, to such of the applicants as, in the opinion of the Board, would best serve the interest of the general public.

(4) Every such licence shall be subject to the conditions provided in section 31
including the payment of compensation or royalties and shall specify-

(a) the period for which the licence has been granted;

(b) the quantum of compensation or the rate at which royalties are to be paid to
the owner of the copyright in the work; and

(5) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and on the website of the Copyright Office and the Board and a copy of the licence shall be sent to the other parties concerned.

8. Manner of determining compensation or royalties.- The Board shall
determine the quantum of compensation or royalties payable to the owner of the
copyright under section 31. The Board may while determining quantum of compensation or royalty shall take into consideration-

(i) in case of re-publishing the work or performing the work in public-

(a) the proposed retail price of a copy of the work or rate on which the work is
performed in public;

(b) the prevailing standards of royalties with regard to publication of works or
performance of the work in public; and

(ii) in case of communication of any work to the public by broadcast-

(a) time slot in which the broadcast takes place and different rates for different
time slot including the repeat broadcast;

(b) different rates for different classes of works;

(d) such other matters as may be considered relevant by the Board.

9. Extension of the period of licence.- The Board may, on the application of the
licensee and after notice to the owner of copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to re-publish the work or perform the work in public or communication of the work to public by broadcast within the period specified in the licence, extend such period.

10. Cancellation of licence.- The Board may, after giving an opportunity of being
heard to the licensee, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to re-publish the work or perform the work in
public or communication of the work to public by broadcast within the time
specified in the licence or within the time extended on the application of the
licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any
essential fact; and

(c ) that the licensee has contravened any of the terms and conditions of the
licence.

                                                        CHAPTER V
              COMPULSORY LICENCE TO PUBLISH OR COMMUNICATE TO THE PUBLIC THE
                                             WORK OR TRANSLATION THEREOF

11. Application and grant of licence – (1) An application for a licence under
Section 31A to publish or communicate to the public the work or translation thereof, in any language, any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, shall be made by any person in Form III and shall be accompanied by the fee specified in the Second Schedule:

Provided that in case the desired author is dead such application for publication of the work can be made only if there is failure to publish the work within the time specified by the central government as provided in sub-section (6) of section 31A.

(2) Every such application shall be made in respect of one work only and in respect of translation of a work into one language only.

(3) The application other than an application under sub-section (7) of section 31A
shall be accompanied by a newspaper containing the publication issued under subsection (2) of section 31A and published in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is language having circulation in the major part of the country and where the application is for the publication of a translation in any language, in one issue of any daily newspaper in that language.

(4) If the Board is satisfied that the licence for publication or communication to the
public or translation in any language of the work, applied for may be granted to the applicant, or if there are more applicants than one, to such applicants, as, in the opinion of the Board, would best serve the interest of the general public, it shall direct the Register of Copyrights to grant the licence accordingly.

(5) Every such licence shall be subject to the conditions provided in sub-section (7)
of section 31A, and shall specify –

(a) the period within which such work shall be published, translated or
communicated to the public;

(b) the price at which the copies of such work are to be sold or charges to be
collected for communicating the work to the public;

(d) in case of translation of the work, the language in which the translation shall
be produced and published; and

(e) in case of communication to the public of the work the medium in which it is
to be communicated to the public.

(6) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and on the website of the Copyright Office and the Board and a copy of the licence shall be sent to the other parties concerned.

12. Manner of determining royalties.- The Board shall determine the amount of
royalty to be deposited by the applicant. The Board may while determining the royalty shall take into consideration the following-

(a) the prevailing standards of royalties with regard to such works; and

(b) such other matters as may be considered relevant by the Board.

13. Extension of the period of licence.- The Board may, on the application of the
licensee, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or reproduce the work or communicate the work to the public within the period specified in the licence, extend such period.

14. Cancellation of licence. -The Board may, after giving an opportunity to the
licensee of being heard, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to produce and publish such work or communicate
to the public the work within the time specified in the licence or within the time
extended on the application of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential
fact;

15. Notice for termination of licence. -Notice for termination of licence under
proviso to sub-section (1) or sub-section (2) of section 32B shall be served on the
person holding the licence by the owner of copyright in Form IV.

16. Notice for publication of a work in case of death of original owner.- The
Central Government, if decides to make a request under sub-section (6) of section 31A, shall specify a minimum period of six months and a maximum of one year for publication of work by the heirs, executors or legal representatives of the author of work.

CHAPTER VI
COMPULSORY LICENCE FOR BENEFIT OF DISABLED

17. Application for licence. – (1) An application for a licence under section 31B to
publish any work in any format useful for person with disability shall be made in Form V and shall be accompanied by the fee specified in the Second Schedule.

(2) Every such application shall be made in respect of one work only.
18. Notice of application.- (1) A copy of application under rule 17 shall be served
by registered post on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served by registered known or is not traceable, a copy of the application shall be served by registered post on the publisher whose name appears on the work.

(2) The Board shall give an opportunity of being heard to the owner of the copyright and the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, and shall take such evidence in respect of the application, as it deem fit.

(3) If the Board is satisfied that the licence for publication of the work in the format applied for may be granted to the applicant, or if there are more applicants than one, to such of the applicants, as, in the opinion of the Board, would best serve the interest of the disabled persons, it shall direct the Registrar of Copyrights to grant licence accordingly.

(4) Every such licence shall specify:

(a) the period within which such work shall be published;

(b) the medium and format in which the work shall be produced and published;

(d) the rate at which royalties in respect of the copies of such work sold to the
disabled persons shall be paid to the owner of the copyright in the work; and

(e) the person to whom such royalties shall be payable.

(5) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and the website of the Copyright Office and the Board and a copy of the licence shall be sent to the other parties concerned.

19. Manner of determining royalties.- The Board shall determine the royalties
payable to the owner of the copyright under sub-section (4) of section 31B. The
Copyright Board may while determining royalty shall take into consideration the
following:-

(a) the proposed price at which a copy of such work shall be made available to
disabled persons;

(b) the prevailing standards of royalties in regard to such works taking into
consideration;

(d) such other matters as may be considered relevant by the Copyright Board.
20. Extension of the period of licence.- The Board may, on the application of the
licensee and after notice to the owner of the copyright, wherever practicable, if it is
satisfied that the licensee was for sufficient reasons unable to produce and publish the work within the period specified in the licence, extend such period.

21. Cancellation of licence. – The Board may, after giving an opportunity of being
heard to the licensee, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to produce and publish such work within the time
specified in the licence or within the time extended on the application of the
licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential
fact;

(d) the owner of the copyright has satisfied the requirement of the disabled person
by publishing in the same format with same or lower price for which
compulsory licence was granted.

22. Notice for termination of licence.- Notice for termination of licence granted
under sub-section (3) of section 31B shall be served on the person holding the licence by the owner of copyright in Form IV.

CHAPTER VII

STATUTORY LICENCE FOR COVER VERSIONS

23. Notice for making Cover Version.- (1) Any person intending to make a cover
version, being a sound recording in respect of any literary, dramatic or musical work under sub-section (1) of section 31C shall give a notice of such intention to the owner of under sub-section (1) of section 31C shall give a notice of such intention to the owner of the copyright in such works and to the Registrar of Copyrights at least fifteen days in advance of making of the cover version and shall pay to the owner of the copyright in the original literary, dramatic and musical works, along with the notice, the amount of royalties due in respect of a minimum of fifty thousand copies and if the number is more, for all the copies of cover version to be made, at the rate determined by the Board in this regard under rule 27 and provide copies of all covers and labels with which the cover version is to be sold:

Provided that in respect of works in a particular language or dialect for which the
Board by general order has fixed a lower minimum as per proviso to sub-section (4) of section 31C, the applicant shall pay the royalty for the lower minimum fixed by the Board and if the number is more, for all the copies of the cover version:

Provided further that any person intending to make a cover version shall give a notice under this Chapter only after the royalty to be paid is determined by the Board under rule 27 and published in the Official Gazette and in the website of the Copyright Office and the Board.

Explanation: For the purpose of this rule “cover version” means a sound recording
made in accordance with Section 31C and this rule.

(2) Such notice shall contain the following information, namely:-

(a) the particulars of the work in respect of which cover version is to be made;

(b) alterations, if any, which are proposed to be made for the adaptation of the
work to the cover version and the evidence of consent of the author of work,
if required, for making such alteration;

(d) particulars of the sound recording made previously of the work;

(e) the total number of copies of the cover version and the calendar year in which
it is proposed to be made;

(f) the medium in which the sound recording was last made and the cover version
is proposed to be made;

(g) the price at which the cover version is proposed to be sold; and

(h) the details of the advance payment of royalties paid as determined by the
Board in this regard under rule 27.

24. Conditions to be followed while making cover version:- (1) While making
the cover version the producer shall maintain the integrity of the original literary,
dramatic or musical works, except to the extent as may be technically necessary for the purpose of making the cover version.

(2)The cover version shall not be issued in any form of packaging or with any cover or label including any label or carton or inlay card or website having design or colour scheme or layout or getup similar to that of the original sound recording which is likely to mislead or confuse the public as to the identity of the original sound recording.

(3) The cover version shall not use the label of the original sound recording and shall

(4) The cover version shall prominently display the names of performers and shall not state in bold letters on the cover that it is a cover version made under section 31C. contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated.

25. Notice for making additional copies of Cover version.- A person who made
cover version under a licence granted under section 31C after giving notice and intends to make additional copies during the period for which he gave notice for making cover version under section 31C or desiring to continue with the making of cover version shall give fresh advance notice under rule 23 and comply with all the conditions including the payment of advance royalties determined by the Board in this regard under rule 27.

26. Maintaining of records.-(1) The person making cover version shall maintain at
its principal place of business a register containing the details of total number of copies made, sold and number of copies remaining in stock, except in the case of sale by online downloads.

(2) The person making such cover version shall maintain separate books of accounts containing particulars about the total expenditure in making cover version under different heads of expenditure along with total income derived from the sale of containing particulars about the total expenditure in making cover version under
different heads of expenditure along with total income derived from the sale of number of copies of such cover version.

(3) The records, registers and books of account kept at the principal place or business of the person making cover version shall be open for inspection to the owner of rights or his duly authorized agent or representative on his behalf during the business hours with prior permission of the person making such cover version and, if needed, they may obtain copies of relevant extracts at their own cost.

27. Manner of determining royalties.-(1) The Board shall immediately after its
constitution either suo motu or on receipt of a request from any interested person give public notice of its intention to fix royalties for making cover version under section 31C and may invite suggestions for determining the same.

(2) The notice under sub-section (1) shall be published by the Board in the Official
Gazette and the same to be re-published in two daily news papers having circulation in the major part of the country and shall post the same on the website of the Copyright Office and the Board.

(3) Any owner of copyright or any person involved in the business of making cover
version or any other interested person may within thirty days from the date of
publication of public notice under sub-rule (1) may give suggestions with adequate
evidence as to the rate of royalties to be fixed including different rates for different works, languages, media and formats.

(4) The Board shall, after giving an opportunity of being heard to the persons who
made relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.

(5) The Board shall within a period of two months from the last date of receipt of the suggestions, determine the royalties payable to the owner of the copyright under subsection (2) of section 31C. The Board while determining the royalty shall take into consideration the following factors, namely:-

(a) the retail price of the earlier sound recording;

(b) the prevailing standards of royalties in regard to literary, dramatic or musical
work for making such recordings;

(d) such other matters as may be considered relevant by the Board.

(6) The Board may revise the rates of royalties periodically, at least once in a
year, keeping in view of the provisions of this rule.

28. Complaint is respect of non-payment of royalties.-(1) The owner of
Copyright in the literary, dramatic or musical works included in original sound recording may make a complaint to the Board in case of non-payment of royalty in full, as determined by the Board in respect of the cover version purported to be made.

(2) If the Board is prima facie satisfied as to the genuineness of the complaint, it may pass an interim order directing the person making the cover version to cease from making further copies.

(3) The Board may, after holding such enquiry as it considers necessary and after
giving an opportunity of being heard to the owner of rights in any literary, dramatic or musical works included in original sound recording, make such further order, as it deem fit, including an order for payment of royalty.

CHAPTER VIII

STATUTORY LICENCE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS
AND SOUND RECORDINGS.

29. Notice for Communication to the Public of literary and musical works and
sound recordings.-(1) Any broadcasting organization desirous of communicating to the public by way of broadcast or by way of performance of a published literary or musical work and sound recording under sub-section (1) of section 31D shall give a notice of its intention to the owner of the copyright and to the Registrar of Copyrights before a period of five days in advance of such communication to the public and shall pay to the owner of the copyright, in the literary or musical work or sound recording or any combination thereof, the amount of royalties due at the rate fixed by the Board in this regard:

Provided that in case of communication to the public by way of broadcast or by way of performance of a newly published literary or musical work or sound recording or any combination thereof, which has been published within the said period of five days of such communication and which do not form part of the scheduled programmes, the notice shall, be given before such communication to the public:

Provided further that in case of communication to the public by way of broadcast or by way of performance of any published literary or musical work and sound recording or any combination thereof, in unforeseen circumstances, the notice shall, be given within twenty-four hours of such communication to the public:

Provided also that any broadcasting organization shall give a notice under this Chapter only after the royalty to be paid is determined by the Board under rule 31 and published in the Official Gazette and in the website of the Copyright Office and the Board.

(2) Every such notice shall be in respect of works belonging to one owner only.

(3) Separate notices shall be given for communication to the public by way of radio
broadcast or television broadcast or by way of performance of a literary or musical work and sound recording which has already been published.

(4) The notice under sub-rule (1) shall contain the following particulars, namely:-

(a) Name of the channel;

(b) Territorial coverage where communication to public by way of radio
broadcast, television broadcast or performance under sub-rule (3) is to be
made;

(c) Details necessary to identify the work which is proposed to be
communicated to the public by way of radio broadcast, television
broadcast or performance under sub-rule (3);

(d) Year of publication of such work, if any;

(e) Name, address and nationality of the owner of the copyright in such
works;

(f) Names of authors and principal performers of such works;

(g) alterations, if any, which are proposed to be made for the communication
to the public by way of radio broadcast, television broadcast or
performance of the works, reasons thereof, and the evidence of consent of
the owners of rights, if required, for making such alteration;

(h) Mode of the proposed communication to the public, i.e. radio, television or
performance;

(i) Name, if any, of the programme in which the works are to be included;

(j) Details of time slots, duration and period of the programme in which the
works are to be included;

(k) Details of the payment of royalties at the rates fixed by the Board; and

(l) Address of the place where the records and books of account are to be
maintained for inspection by the owner of rights.

30. Maintaining of records.-(1) Records containing the details of the owners in
respect of total number of works broadcast, the details of such works and the time slot, duration and period of the broadcast shall be maintained by the broadcasting
organisation at its principal place of business and shall be open to inspection on prior notice by the owner of rights or his duly authorized agent or representative in the works during business hours and may obtain copies of relevant extracts from such records at their cost. The broadcasting organization shall maintain separate records for radio broadcasting and television broadcasting.

(2) The broadcasting organisation shall maintain separate books of accounts for
communication to public by way of broadcast containing such details as may be
determined by the Board at the time of fixing the rate of royalty and render to the
owners of rights such reports and accounts.

31. Manner of determining royalties.-(1) The Board shall immediately after its
constitution either suo motu or on receipt of a request from any interested person, give public notice of its intention to fix royalties for communication to the public of literary or musical works and sound recordings under section 31D and may invite suggestions for determining the same. Such notice shall be given separately for radio and television broadcasting.

(2) The notice under sub-rule (1) shall be published by the Board in the Official
Gazette and shall be re-published in two daily news papers having circulation in the
major part of the country and shall be posted on the website of the Copyright Office and the Board.

(3) Any owner of copyright or any broadcasting organisation or any other interested
person may within thirty days from the date of publication of public notice under subrule (1) shall give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works and different formats.

(4) The Board shall after giving an opportunity being heard to the persons who made relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.

(5) The Board shall within a period of two months from the last date of receipt of
suggestions, determine separate rates of royalty to be paid to the owners of literary or musical work and sound recordings for radio and television broadcasting respectively.

(6) The Board shall determine the royalties payable to the owner of the copyright
under sub-section (2) of section 31D for radio and television broadcast separately.

(7) The Board while determining royalty shall take into consideration the following
factors, namely:-

(a) time slot in which the broadcast takes place and different rates for different
time slot including repeat broadcast;

(b) different rates for different class of works;

(d) the prevailing standards of royalties with regard to such works;

(e) the terms and conditions included in the Grant of Permission Agreement
(GOPA) between Ministry of Information and Broadcasting and the broadcaster
for Operating Frequency Modulation (FM) Radio Broadcasting Service; and

(f) such other matters as may be considered relevant by the Board.

(8) The Board while determining the payment of royalties under sub-rule (5) shall
take into consideration, the following factors, namely:-

(a) works included in the scheduled programmes;

(b) works newly published and not included in the scheduled programme;

(d) use of works in excess of the duration, different time slot or territorial coverage than mentioned in the notice.

(9) The Board may revise the rates of royalties periodically, at least once in a year
keeping in view the provisions of these rules.

CHAPTER IX

LICENCES FOR TRANSLATIONS

32. Application for licence.-(1) An application for a licence under section 32 to
produce and publish a translation of a literary or dramatic work in any language shall be made in Form VI and shall be accompanied by the fee specified in Second Schedule.

(2) Every such application shall be in a respect of one work only and for translation of that work into one language only.

33. Notice of application.-(1) when any such application has been made, the
Board shall, as soon as possible, give notice of the application in the Official Gazette and also, if the Board thinks fit, in one or two newspapers and shall send a copy of the notice to the owner of the Copyright, wherever practicable.

(2) Every such notice shall contain the following particulars, namely:

(a) the date of the application;

(b) the name, address and nationality of the applicant;

(d) the date and country of the first publication of the work;

(e) the name, address and nationality of the owner of the copyright as stated in
the application;

(f) the language in which the work is to be translated; and

(g) the registration number of the work in the Registrar of Copyrights, if any.

34. Consideration of the application.-(1) The Board shall consider the application
after the expiry of not less than one hundred and twenty days from the date of the
publication of the notice in the Official Gazette.

(2) The Board shall give an opportunity to the applicant and also, wherever
practicable to any person claiming any interest in the Copyright of the work, to be heard and may take such evidence in respect of the application, as it thinks fit.

(3) If more than one application for translation of the work in the same language is pending before the Board at the expiry of one hundred and twenty days after the publication in the Official Gazette of the notice of the application first received, all such applications shall be considered together.

(4) If the Board is satisfied that the licence for a translation of the work in the
language applied for may be granted to the applicant, or, if there are more applicants than one to such one of the applicants as, in the opinion of the Board, would best serve the interests of the general public, it shall grant a licence accordingly.

(5) Every such licence shall be subject to the condition provided in sub-section (4) of Section 32 relating to the payment of royalties and shall specify-

(a) the period within which the translation shall be produced and published;

(b) the language in which the translation shall be produced and published;

(c) the rate at which royalties in respect of the copies of the translation of the
work sold to the public shall be paid to the owner of the copyright in the
work; and

(d) the person or persons to whom such royalties shall be payable.

(6) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and in the newspapers, if any, in which the notice under rule 33 was published and a copy of the licence shall be sent to the other parties concerned and posted on the official website of copyright office and the Board.

35. Manner of determining royalties.-The Board shall determine the royalties
payable to the owner of the copyright under sub-section (4) of section 32. The Board while determining the royalty shall take into consideration the following, namely:-

(a) The proposed retail price of a copy of the translation of the work;

(b) The prevailing standards of royalties with regard to translation of works;
and

36. Extension of the period of licence.-The Board may, on the application of the
licensee and after notice to the owner of the copyright, wherever practicable, if it is
satisfied that the licensee was for sufficient reasons unable to produce and publish the translation within the period specified in the licence, extend such period.

37. Cancellation of licence.-The Board may, after giving the licensee an
opportunity of being heard, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to produce and publish the translation within the
time specified in the licence or within the time extended on the application of
the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any
essential fact; and

CHAPTER X

LICENCE FOR PUBLICATION, TRANSLATION AND RE-PRODUCTION OF WORK

38. Application for license.-(1) An application for a licence under sub-section
(1A) of section 32 and section 32A to publish or to translate any work in any language or to reproduce any published work shall be made in Form VII and shall be accompanied by the fee specified in the Second Schedule.

(2) Every such application shall be in respect on one work only and in respect of
translation of a work into one language only.

39. Notice of application.-(1) A copy of such application shall be served by
registered post on the owner of copyright.

(2) The Board shall give an opportunity of being to the applicant and also,
wherever practicable, to any person claiming any interest in the copyright of the work, and may take such evidence in respect of the application, as it may deem fit.

(3) If the Board is satisfied that the licence for a translation of the work in the
language or for publication or for reproduction of the work, applied for may be granted to the applicant, or if there are more applicants than one, to such of the applicants, as in the opinion of the Board, would best serve the interest of the general public, it shall grant a licence within a period of two months.

(4) Every such licence shall be subject to the conditions provided in clause (i) of
sub-section (4) of section 32 and clause (i) of the sub-section (4) of section 32A of the Act relating to payment of royalties and shall specify:

(a) the period within which such work shall be published;

(b) the rate at which royalties in respect of the copies of such work sold to
the public shall be paid to the owner of the copyright in the work;

(d) the person or persons to whom such royalties shall be payable.

(5) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and shall be posted on the website of the copyright office and the Board and a copy of the licence shall be sent to the other parties concerned.

40. Manner of determining royalties.-The Board shall determine the royalties
payable to the owner of the copyright under clause (i) of sub-section (4) of section 32 and clause (i) of sub section (4) of section 32A of the Act. The Board may while
determining the royalty shall take into consideration the following, namely: –

(a) the proposed retail price of a copy of such work;

(b) the prevailing standards of royalties with regard to such works; and

41. Extension of the period of licence.-The Board may, on the application of the
licensee and after notice to the owner of the copyright, wherever practicable, if it is
satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or for publish or reproduce the work within the period specified in the licence, extend such period.

42. Cancellation of licence.-The Board may, after giving the licensee an
opportunity of being heard, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to produce and publish such work within the
time specified in the licence or within the time extended on the application
of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any
essential fact; and

43. Notice for termination of licence.-Notice for termination of licence under
proviso to sub-section (1) or sub-section (2) of section 32-B shall be served on the
person holding the licence by the owner of copyright in Form IV of the First Schedule annexed to these rules.

CHAPTER XI

COPYRIGHT SOCIETIES

44. Conditions for submission of application for registration of copyright
society.-(1) Any association of persons, having an independent legal personality,
comprising seven or more authors and other owners of rights (hereinafter referred to as “the applicant”) formed for the purpose of carrying on the business of issuing or granting licences in respect of a right or set of rights in specific categories of works may file with the Registrar of Copyrights an application in Form VIII for submission to the Central Government for grant of permission to carry on such business and for its registration as a copyright society. The Central Government may grant registration of the society for a period of five years under sub-section (3A) of section 33.

(2) An application under sub-rule (1) of rule 44 shall be signed by the Chairman, all other members of the Governing Council (by whatever name called) with such number of persons elected from among the members of the society consisting of equal number of authors and other owners of right, if any, for the purpose of the administration of the society and the Chief Executive Officer of the applicant (who need not be a member).

(3) The business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recording shall be carried out only through a copyright society duly registered under section 33 of the Act.

45. Membership of Copyright Society.-Membership of every copyright society
shall be open to all the authors and other owners of a right or set of rights in specific categories of works for which it is registered.

46. Conditions for grant of permission to carry on copyright business.- (1) An
applicant referred to in rule 44 for registration of it as a copyright society shall not be eligible to be considered for such registration unless-

(i) the instrument by which the applicant is established or incorporated creates a
commitment on it to deal with only the business of issuing or granting
licences in respect of a right or set of rights in specific categories of works
and other activities ancillary thereto; and

(ii) the applicant is willing to comply with the provisions of the Act and the rules
made thereunder.

(2) The applicant shall not carry out the business by way of sub-licensing or
transferring the rights of collection and distribution of royalties in respect of a right or set of rights in specific categories of works to any other person or copyright society:

Provided that applicant may enter into agreement with any foreign society or
organisation administering rights corresponding to the right or set of rights administered by the applicant to entrust to such foreign society or organisation the administration in any foreign country of the right or set of rights administered by the applicant, or for administering in India the rights administered in a foreign country by such foreign society or organisation under sub-section (2) of section 34 of the Act.

Explanation: For the purpose of this chapter “instrument” means the memorandum and articles of association.

47. Application and conditions for re-registration or renewal of existing
copyright societies.-(1) A Copyright society registered section 33 and desirous of
carrying on the business as a copyright society shall submit an application for reregistration in Form-IX to the Registrar of Copyrights within a period two months from the date of Coming into force of these rules.

(2) A Copyright society registered under this chapter may apply for renewal of its
registration within a period of three months before the expiry of its registration. The application for such renewal shall be made to the Registrar of Copyrights in Form-IX for submission to Central Government for grant of permission to continue with its business and the Central Government may renew the registration of the society for a further period of five years after considering the report of the Registrar of Copyrights on the working of the copyright society.

(3) In case of renewal of registration the applicant shall submit a copy of resolution passed by the General Body declaring that all the royalties collected till the previous accounting year have been distributed to all accessible members and no complaint in this regard is pending.

(4) The applicant in case of re-registration or renewal of registration shall submit
necessary documents indicating re-election to the Governing Council including its
Chairman.

48. Documents accompanying applications.-Every application made under rules
44 and 47 shall be accompanied by-

(a) a true copy of the instrument by which the applicant is established or
incorporated;

(b) the consent in writing of the individuals named in the application to act as
members of the Governing Council of the applicant;

(c) a declaration containing the objectives of the applicant, the bodies through
which it will function and arrangements for accounting and auditing;

(d) an undertaking to the effect that the instrument by which the applicant is
established or incorporated provides for conforming the same to the
provisions of the Act and these rules;

(e) a copy of the Register of authors and owners containing the list of the
authors and other owners of rights, their names and addresses;

(f) a statement as to the changes, if any, made in the instrument since the last
General Body in case of application made under rule 47; and

(g) copies of various schemes as mentioned in this chapter as approved by the
General Body in case of application made under rule 47.

49. Conditions for registration of a copyright society.-(1) When an application
for registration is submitted to the Central Government through the Registrar of
Copyrights, that Government may, within a period of sixty days from the date of its
receipt by the Registrar of Copyrights either register the applicant as a copyright society or, if-

(i) the applicant has no professional competence to carry on its business or has
no sufficient funds to manage its affairs; or

(ii) there exists another copyright society registered under the Act for
administering the same right or set of rights in the specific categories of
works and it is well functioning; or

(iii) the Central Government has reason to believe that the members of the
applicant are not bona fide copyright authors or other owners or they have
not voluntarily signed the instrument setting up the applicant or the
application for registration; or

(iv) the application is found to be incomplete in any respect, reject the
application;

(v) Provided that no such application shall be rejected without giving an
opportunity of being heard to the applicants.

(2) Upon the registration of a copyright society by the Central Government, the
Registrar of Copyrights shall issue a certificate of registration in Form-X under his hand and seal.

(3) On and from the date of its registration as specified in the certificate of
registration, the copyright society shall be entitled to commence and carry on the
permitted copyright business in the name by which it has been so registered and the applicant shall-

(a) maintain its own website giving all information pertaining to its activities; and

(b) have proper infrastructure such as office building and necessary officials for
management such as Chief Executive Officer, licensing officers, legal officers
and accountants and other required staff appointed at the time of applying
for registration.

(4) The Copyright Society shall carry on business of issuing or granting licences only in respect of the right or the set of rights in the specific categories of works for which it is registered and shall not issue or grant licence in respect of any other right or set of rights in those or other categories of works for which it is not registered.

50. Order of inquiry, suspension of registration and appointment of
administrator.-(1) If the Central Government, on a complaint of the Registrar of
Copyrights or a member of the copyright society, has reason to believe that the
copyright society is being managed in a manner detrimental to the interests of its
members concerned or for non-compliance of requirements under sections 33A, subsection (3) of section 35 and section 36 of the Act or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government, without prior notice to it shall, provide a copy of the complaint to the society and require the society to submit a written statement within fifteen working days.

(2) If, after considering the written statement furnished by the society, the Central
Government is prima facie satisfied:-

(a) it shall order an inquiry under sub-section (4) of section 33, into the
allegations and appoint an inquiry officer not below the rank of a Deputy
Secretary to the Government of India for holding an inquiry. During inquiry, if
the Central Government is of the opinion that in the interests of the members
concerned, it is necessary so to do, it may, by order, suspend the registration
of the society for a period not exceeding one year, and shall appoint an
administrator to discharge the functions of the copyright society; or

(b) it may, in the interests of the members concerned, suspend the registration
of the society for a period not exceeding one year and appoint an
administrator to discharge the functions of the copyright society and further
order an inquiry as per clause (a).

(3) The person appointed as administrator shall be a person with sufficient experience in administration or accounting of copyright matters.

51. Procedure for holding Inquiry.-(1) The inquiry officer appointed under Rule
50 shall conduct the inquiry having regard to the principles of natural justice.

(2) The inquiry officer may, if he considers necessary, engage a chartered accountant or an audit officer in the office of the Comptroller and Auditor-General of India or any legal, financial, copyright consultant to assist him in the inquiry.

(3) The copyright society concerned shall render all assistance and shall make
available all such documents as may be called for by the inquiry officer to enable him to complete the inquiry within a period of three months or such further time as may be allowed by the Central Government.

52. Powers and Functions of the Administrator.-(1) On appointment of the
administrator under rule 50 read with sub-section (5) of section 33 of the Act, all powers of the copyright society shall vest in him and all other representative bodies or committees of the copyright society other than the general body shall stand dissolved.

(2) The administrator shall arrange for the reconstitution of the dissolved bodies
before the expiry of the period of suspension failing which, the bodies so superseded shall stand revived at the end of the period of suspension for their remaining term, excluding the period of suspension.

53. Cancellation of registration of a copyright society.-The registration of a
copyright society as such may be cancelled by the Central Government after giving the copyright society a reasonable opportunity of being heard, if –

(a) any of the particulars furnished in the application for registration is, at any time, found to be untrue or incorrect and misleading in any manner; or

(b) after holding an inquiry by an officer duly appointed by the Central Government, the Central Government is satisfied that-

(i) the copyright society failed to cooperate with the inquiry officer; or

(ii) the complaints against the copyright society are found to be true; or

(iii) the copyright society is being managed in a manner detrimental to the
interests of the members concerned; or

(iv) the copyright society persistently fails to manage its affairs properly; or

(v) the copyright society failed to distribute the royalties as per the scheme; or

(vi) the copyright society persistently fails to properly maintain its accounts and
get them audited; or

(vii)the copyright society utilises its funds for purposes other than those
mentioned in the instrument; or

(i) section 33A of the Act regarding the publication of Tariff scheme by the
copyright society; or

(ii) sub-section 3 of section 35 of the Act regarding equal representation of
authors and other owners of rights in the Governing Council of copyright
society as specified in rule 44; or

(iii) section 36 of the Act regarding submission of returns and reports to the
Registrar of Copyrights by copyright society; or

(iv) the procedure for obtaining approval of authors and other owners of right for
collection and distribution of royalty; or

(d) the society is issuing or granting licence in respect of the right or set of rights in the specific category of works for which it is not registered.

54. Conditions subject to which a copyright society may accept authorisation
and an author or other owner of rights may withdraw such authorisation.- (1) A
copyright society may accept from an author or other owner of rights or his duly
authorized agent, exclusive authorisation to administer the right or the set of rights in the specific categories of works for which the copyright society is registered, if such author or other owner or such agent enters into an agreement, in writing, with the copyright society specifying the rights to be administered, the duration for which such rights are authorised to be administered, the quantum of royalty agreed to and the frequency at which such royalty shall be paid by the copyright society in accordance with its Schemes of Tariff and Distribution:

Provided that in case of literary or musical works included, in a cinematograph film or sound recording the share of royalty other than for communication of the work
along with the cinematograph film in a cinema hall shall be on equal basis between the author of the work and the owner of film or sound recording, as the case may be.

(2) The copyright society shall not impose any condition for distribution of royalties
collected to author or other owner of rights.

(3) The author or other owner of rights shall without prejudice to the rights under the agreement and subject to the condition of a prior notice of sixty days, be free to withdraw such authorization in case the copyright society fails to fulfil its commitments as laid down in the agreement.

(4) The right to receive royalty, for any literary or musical work included in the
cinematograph film, shared on equal basis with the assignee of copyright for the
utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.

(5) The right to receive royalty, for any literary or musical work included in the sound recording which does not form part of any cinematograph film, shared on equal basis for any utilization of such works with the assignee of copyright shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.

55. Conditions subject to which a copyright society may issue licences,
collect royalties and distribute such royalties.- (1) A copyright society may issue
licences and collect royalties in accordance with Tariff Scheme in relation to the right or the set of rights in the specific categories of works for which the copyright society is registered as it has been authorised to administer in writing by the members for the period for which it has been so authorised.

(2) The royalty so collected shall be distributed in accordance with the Distribution
Scheme subject to a deduction not exceeding fifteen per cent. of the annual total
collection on account of administrative expenses incurred by the copyright society and a further deduction not exceeding five per cent. for the Welfare Scheme under rule 71:

Provided that a copyright society may during the initial period of two years of its
registration deduct up to twenty percent of the annual total collection on account of
administrative expenses incurred by the society.

56. Tariff Scheme.- (1) As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame a scheme of tariff to be called the “Tariff Scheme” under section 33A of the Act setting out the nature and quantum of royalties which it proposes to collect in respect of the right or the set of rights in the specific categories of works administered by it.

(2) Every copyright society shall display its Tariff Scheme by posting it on its website.

(3) The Tariff Scheme shall indicate the separate rates for-

(a) different categories of users;

(b) different media of exploitation, such as telephone, broadcast or internet;

(c) different types of exploitation whether by an individual or by groups or
whether single or multiple use or for advertising;

(d) different durations of use and territory; and

(e) any other differentiation factor indicated by the society, as it may deem fit.

(4) While fixing the tariff the copyright society shall follow the guidelines issued by
any Court or the Board, if any, and may consult the user groups.

(5) The copyright society shall collect the royalties from a licensee in advance where the Tariff Scheme provides for lump sum payment of royalties. In cases where the Tariff Scheme provides for payments in installments, each installment shall be collected in advance. However, in cases where the Tariff Scheme provides for the payment of royalties based on actual use, the copyright society may collect an advance at the time of issue of licence and settle the final payment based on actual use at the end of the period for which the licence is issued or granted.

Provided that the copyright society shall not receive any payment in the nature of
minimum guarantee from a licensee whose royalty payments are based on actual use which are to be settled with the society at the end of the licence period except
where, any exceptional circumstances are specifically included in the Tariff Scheme and the individual case has been approved by the Governing Council.

(6) The copyright society may revise the Tariff Scheme periodically but not earlier
than a period of twelve months by following the rules. It shall publish the date of coming into of the revised Tariff Scheme at least before two months in advance and the same shall be posted on its website.

57. Appeal to the Board on Tariff Scheme.-(1) Any person aggrieved by the
Tariff Scheme may appeal to the Board under section 33A along with the fee specified in the Second Schedule.

(2) The Board, if satisfied with the ground of the appeal, shall-

(a) serve a copy the appeal to the copyright society; and

(b) give an opportunity to the appellant and also, to the copyright society, to be
heard and may take such evidence in respect of the appeal, as it may deem
fit.

(3) The appellant shall pay to the copyright society any interim tariff fixed by the
Board that has fallen due before filing an appeal to the Board.

(4) The Board may after hearing the parties fix an interim tariff and direct the
appellant to make the payment accordingly pending disposal of the appeal.

(5) The Board shall determine the Tariff Scheme of the copyright society under
section 33A, after taking into consideration:

(a) the prevailing standards of royalties in regard to such commercial exploitation
of works; and

(b) such other matters as may be considered relevant by the Board.

(6) The Board shall dispose of the appeal within a period of three months from the
date of its filing.

58. Distribution Scheme.-(1) A copyright society shall frame a scheme to be called
the “distribution Scheme” setting out the procedure for distribution of royalties specified in the Tariff Scheme among the members whose names are entered in the Register of Authors and Owners maintained under clause (i) of rule 59 for the approval of the General Body of the society, as soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business.

(2) The distribution shall, reasonably, be in proportion to the royalty income of the
copyright society derived from the grant of licences for right or the set of rights in the specific categories of works for which it is administering each author and other
owners of right.

(3) There shall be no discrimination between authors and other owners of rights in the distribution of royalties by the copyright society.

(4) While distributing the royalties the copyright society shall inform all members
about the basis on which such amount of royalties are being distributed.

(5) The Distribution Scheme shall aim to ensure that all royalty distributions are fair, accurate, cost effective and without any unknown or hidden cross-subsidies.

(6) The society shall fix parameters in a transparent manner for determining the
share of distribution of its members and reveal the details of the same in a manner that is easily understandable to its members.

(7) The distribution of royalties shall be based on actual use or reliable statistical data that fairly represent the commercial exploitation of the licensed rights.

(8) The Distribution Scheme shall ensure that the royalties to all members are
distributed at least once in a quarter.

(9) The copyright society shall not make any payment in the nature of minimum
guarantee to its members against the share of royalties due to its members.

(10) The royalties collected based on the Tariff Scheme for the licensing of the rights in the literary or musical works included in a cinematograph film or sound recording shall be shared on an equal basis with the authors of literary or musical works and the owners of rights in cinematograph film or sound recording under sub-section (1) of section 18.

59. Management of Copyright Society.-(1) Every copyright society shall have-
(a) a General Body consisting of all the authors and other owners of a right or set
of rights in the specific categories of works for which the copyright society
has been authorized to issue or grant licences;

(b) a Governing Council with a Chairman and a minimum of six other members;
and

(2) The General Body shall be the decision making body of the society. All the powers necessary for the purpose of effective management of the society shall be with the General Body and the Governing Council may act as per the directions of the Governing Body.

(3) The Chairman shall be elected by two-third of the majority of all the members
present and voting in the General Body meeting of the Copyright Society.

(4) The Chairman of the Governing Council shall chair the General Body.

(5) The Chairman shall have the right to vote in the General Body and the Governing Council.

(6) The members other than the Chairman of the Governing Council shall represent equally from authors and other owners, elected from the General Body by the majority of members present and voting in the General Body meeting of the Copyright Society.

(7) The Chairman and other members of the Governing Council shall be elected for a period of two years and the members shall not be eligible for re-election for a period of two years from the date of completion of their term as members.

(8) The General Body may create sub-committees for preparing Tariff Scheme,
Distribution Scheme, Welfare Scheme and such other matters relating thereto, under the supervision of the Governing Council.

(9) The General Body shall approve the instrument of the society including any
subsequent changes made to it.

60. Approval of Schemes.- (1) The copyright society shall call a General Body
meeting to approve any Scheme, as soon as it has been prepared by the Governing Council in these rules.

(2) A notice of not less than twenty-one days for the meeting shall be given to every member and a copy of the proposed Scheme together with a note explaining the guiding principles followed in the making of the said Scheme shall be annexed to the notice and the same shall be posted on the website of the society.

(3) The notice under sub-rule (2) shall specify that any member who objects to the
Scheme shall be entitled to withdraw the authorisation given to the copyright society to administer any right in his work from the date of commencement of the said Scheme.

(4) The copyright society shall keep a record of the members who have given their
approval and those who have objected thereto.

(5) Approval of the Schemes shall be by a majority of members present in person and voting.

(6) The copyright society shall not amend any approved Scheme except with the prior approval of the General Body.

61. Meetings of the Society.- (1) Every copyright society shall hold a General
Body meeting of all its members as its annual General Body meeting before the 31st day of March every year.

(2) A special meeting of the General Body called extra ordinary General Body meeting of all its members may also be held, if considered necessary by twothirds majority of the Governing Council.

(3) The meetings of General Body and Governing Council shall be held in the town or city in which its registered office is situated or such other convenient place as
decided by the Chairman of the society.

(4) The notice for General Body meeting shall be issued before twenty-one days of
the meeting and it shall and specify the agenda, time, date and address of the venue of the meeting and the same shall be posted on the website of the society.

(5) Every member of the society shall have equal voting rights in General Body
meetings.

(6) There shall be no discrimination between members who are authors and other
owners of right.

(7) Quorum for meetings of the General Body shall be one third of the total members and in the case of lack of quorum the meeting may be adjourned for thirty minutes and then members present shall constitute quorum.

(8) Quorum for the meetings of Governing Council shall be one third of its total
members other than the Chairman with equal number of authors and other owners.

(9) The Registrar of Copyrights shall be invited as an observer to all General Body
meetings. The Registrar or his authorized representative may attend the said meeting.

62. Documents to be presented in the annual General Body meeting.- Every
copyright society shall place before its annual General Body meeting the following
documents, namely:-

(i) an up-to-date list of the authors and other owners of right or the set of
rights in the specific categories of works for which the copyright society
has been authorised to issue or grant licences, their names and addresses
as recorded in the Register of Authors and Owners maintained by the
copyright society, as provided in sub-rule (i) of rule 64;

(ii) audited accounts of the society for the previous year;

(iii) the Tariff Scheme and the Distribution Scheme or any other scheme
including the decision of the Copyright Board on the said Schemes, if any;

(iv) annual report as approved by the Governing Council, giving a full and
detailed account of all its activities during the previous years;

(v) Budget estimates along with programme of action as approved by the
Governing Council for the succeeding year;

(vi) the agreements, if any entered with foreign copyright societies under subsection (2) section 34 of the Act;

(vii) any changes made in the instrument of registration of the society; and

(viii) any other document relating to the society that require approval of the
General Body.

63. Accounts and audit.- (1) Every copyright society shall maintain proper
accounts of the royalties collected in a financial year, payments made out of such
collections to the members and other recurring and nonrecurring expenditure incurred for meeting administrative and related matters, including the cost of litigations.

(2) The books of account shall be kept in the registered office of the society and shall be open for inspection of the members from time to time as per the conditions laid down by the General Body.

(3) Every copyright society shall get its accounts audited by a chartered accountant
annually.

64. Records to be maintained by copyright societies.- Every copyright society
shall maintain the following registers at its registered or administrative office-
(i) A register of authors and other owners to be called the “Register of Authors
and Other Owners” in respect of the right or the set of rights in the specific
categories of works for which the copyright society has been authorised to
issue or grant licences. The register shall contain the names of the authors
and other owners, their addresses, the nature of rights authorised to be
administered by the copyright society, year of publication of the work, the
date on which the copyright society becomes entitled to issue or grant
licences and the duration of such entitlement, the territory for which the
authorisation has been given and the rights that have been so authorised;

(ii) A register to be called the “Register of Agreements” containing a copy of
every agreement entered into by the copyright society with the authors and
other owners for the purpose;

(iii) A register to be called the “Register of Royalties” containing particulars of
royalties and mentioning the names of persons or organizations and copy of
the licence agreements from whom the royalties have been realised, and the
amount so realised including the date of realization;

(iv) A register to be called the “Disbursement Register” containing details of
disbursement of royalties made to each author or other owner of the right or
set of rights in the specific categories of works, category-wise, mentioning
the name of the author or other owner, nature of his right and the date and
amount of disbursement of royalty made to him.

65. Returns to be filed by the copyright societies with the Registrar of
Copyrights.- Every copyright society shall file a return called the annual return with
the Registrar of Copyrights within one month from the date of conclusion of each annual General Body meeting setting out the following details, namely:-

(i) the date of the annual General Body meeting held immediately preceding the
filing of the annual return, the number of members who attended the
meeting, agenda and the minutes of such meeting;

(ii) the up-to-date list of the members, their names and addresses as recorded in
the Register of Authors and Owners maintained by the copyright society, as
provided in rule 64;

(iii) audited accounts of the copyright society;

(iv) the Tariff Scheme, Distribution Scheme and other Schemes, if any;

(v) annual report approved by the General Body giving full and detailed account
of all its activities during the year; and

(vi) the list of the members to whom royalties are not distributed and the
reasons for the same; and

(vii)the list of the members to whom royalties have been distributed together
with the amounts so distributed.

66. Code of Conduct for copyright societies.-Every copyright society shall
conform to the following Code of Conduct as follows:-

(1) Every Society shall make available on its website-

(a) certificate of registration as a Copyright Society;

(b) basic documents of governance such as memorandum of association, articles
of association, constitution or charter;

(d) names and address of Chairman, other members of the Governing Council
and other officers of the society;

(e) right or the set of rights in the specific categories of works for which the
copyright society has been authorised to issue or grant licences;

(f) all schemes of the society;

(g) annual report and audited accounts as approved by the General Body;

(h) licence agreement formats;

(i) details of all existing licences other than those clauses in the licence having
commercial sensitivity;

(j) foreign societies with whom there are agreements to collect royalties and the
details of the agreement other than those clauses having commercial
sensitivity;

(k) details of the complaint/Grievances Cell; and

(l) the code of conduct

.
(2) The members shall be

(a) treated fairly, honestly, impartially, courteously, and ensure that its dealings
with them are more transparent;

(b) provided with a copy of its basic documents of governance such as
memorandum of association, articles of association, constitution, charter, Tariff
Scheme and Distribution Scheme at the time of joining and or at any time on
request;

(c) provided with a copy of the document enumerating the powers and
responsibilities of each member including Chairman and members of the
Governing Council; and

(d) provided with-

(i) the basis for calculating royalties to be paid to the members;

(ii) the manner and frequency of payments to members; and

(iii) the general nature of deduction out of total income before distribution.

(3) Every society shall distribute payments to its members in accordance with its
Distribution Scheme.

(4) Every society shall treat licensees fairly, honestly, impartially and courteously and ensure that its dealings with licensees are more transparent.

(5) Every society shall observe the following while fixing the Tariff Scheme, namely:-

(a) licence fee to be fair and reasonable;

(b) take note of the value of the rights of the works;

(d) any relevant decisions of the Board;

(e) in case the Tariff Scheme is for the use by an industry the important role
played by that industry in promoting, dissemination of works and their
contribution to the national economy and as far as possible in consultation with
licensees.

(6) Every society shall provide for the facility for on-line application, payment of
royalties and for issue of licence on-line, as far as it is practicable.

(7) Every society shall ensure-

(a) that the Governing Council members are accountable to the General Body;

(b) maintenance of proper and complete financial records, including the collection
and distribution of royalties and expenses; and

(8) Every society shall comply with procedure for dealing with complaints and
grievances as follows:-

(a) constitute a complaint or grievances cell and shall post the same in its
website;

(b) information regarding how to make the complaint and reasonable assistance
in the formulation and lodging of a complaint;

(d) verify the nature of the complaint and the details of the complainant;

(e) examine the complaint and, if necessary give an opportunity of hearing to the
complainant;

(f) dispose of the complaint, with a period of two months and provide a written
response to the complainant;

(g) make available adequate resources for handling and resolving complaints; and

(h) periodical review of complaints handling and resolving procedures and
mechanism.

67. Welfare fund of copyright society.-Every Copyright society may frame a
scheme for the welfare of its members as determined by its General Body and keep not more than five per cent. of its total royalties collected for implementing the scheme effectively and the amount that could not be distributed on account of non- accessibility of the members concerned.

CHAPTER XII

PERFORMERS’ SOCIETY

68. Registration and management of Performers’ society.-(1) For the purpose
of carrying on the business of issuing or granting licences in respect of performers’ rights under sub-section (1) and proviso to sub-section (2) of section 38A and section 39A, there shall be a separate performers’ society for each class of performers such as actors, singers, musicians, dancers, acrobats, jugglers, conjurers, snake charmers, persons delivering lectures or any other group of persons who can make a performance;

Provided that the Central Government may allow registration of a society for
performers’ of different classes of performers’ in cases where the performances are inter-connected or closely related to each other.

(2) Such society shall be called as Performers’ Society of that specific category.

(3) In accordance with the provisions of section 39A, any Performers’ Society as
mentioned in sub-rule (1), having an independent legal personality comprising seven or more performers (hereinafter referred to as “the applicant”) may file with the Registrar of Copyrights an application in Form-XI, for submission to the Central Government for grant of permission to carry on such business and for its registration as a Performers’ Society.

(4) Chapter XI of these rules relating to Copyright Societies except sub-rule (1) of
rule 44 shall with necessary adaptations and modifications shall apply to a Performer’s Society also.

Explanation 1.- The royalty collected from enjoyment of the performer’s right in
clause (i) to (v) of clause (a) of sub-section (1) and proviso to sub-section (2) of section 38A, shall be shared equally between the performer and other owner of copyright.

Explanation 2.- Commercial use as mentioned in proviso to sub-section (2) of section 38A, means the exploitation of performers right by way of reproduction, issue of copies or distribution, communication to public including broadcasting and commercial rental of the cinematograph film.

Explanation 3.- For the purpose of this chapter performance includes recording of
visual or acoustic presentation of a performer in the sound and visual records in the studio or otherwise.

CHAPTER XIII

REGISTRATION OF COPYRIGHT

69. Form of Register of Copyrights.-(1) The Register of Copyrights shall be kept
in physical and electronic form in six parts, namely :-

Part I – Literary works other than computer programmes, tables and
compilations including computer data bases and dramatic works.

Part II – Musical works

Part III – Artistic works

Part IV – Cinematograph films

Part V – Sound recordings

Part VI – Computer programmes, tables and compilations including computer
data bases.

(2) The Register of Copyrights shall contain the particulars specified in Form-XIII.

70. Application for Registration of Copyright.- (1) Every application for
registration of copyright shall be made in Form-XIV and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in Form-XV

(2) Every such application shall be in respect of one work only, and shall be
accompanied by the fee specified in the Second Schedule in this behalf.

(3) Every application should be signed only by the applicant, who may be an author or owner of right. If the application is submitted by the owner of copyright, it shall be enclosed with an original copy of no objection certificate issued by the author in his favour.

(4) Every application for registration of an unpublished work shall be accompanied by two copies of the work.

(5) Every application for registration of a computer programme shall be accompanied by the source and object code.

(6) Every application for registration in respect of an artistic work which is used or is
capable of being used 1[in relation to any goods or services], such application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.

(7) Every application for registration in respect of an artistic work which is capable of being registered as a design under the Designs Act, 2000, such application shall
be accompanied by a statement in the form of an affidavit containing the following,namely:-

(a) it has not been registered under the Designs Act, 2000; and

(b) it has not been applied to an article through industrial process and reproduced
more than fifty times.

(8) Every such application can be filed in the Copyright Office by person or by post or by online filing facility as provided on the website of the Copyright Office.

(9) The person applying for registration shall give notice of his application to every
person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.

(10) If no objection to such registration is received by the Registrar of Copyrights
within thirty days of the receipt of the application, the Registrar of Copyrights shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.

(11) If the Registrar of Copyrights receives any objections for such registration within the time specified in 1[sub-rule (10)], or, if he or she is not satisfied about the correctness of the particulars given in the application, he or she may, after holding such inquiry as he or she deems fit, enter such particulars of the work in the Register of Copyrights as he or she considers necessary.

(12) The Registrar of Copyrights shall give an opportunity of hearing before rejecting the any application filed for registration of any work.

(13) The process of registration is deemed to be completed only when a copy of the entries made in the Register of Copyrights is signed and issued by Registrar of
Copyrights or by Deputy Registrar of Copyrights, to whom such authority is delegated.

(14) The Registrar of Copyrights shall, as soon as may be, send, wherever
practicable, a copy of the entries made in the Register of Copyrights to the parties
concerned.

71. Correction and rectification of entries in the Register of Copyrights. – (1)
The Registrar of Copyrights may, either suo motu or on application of any interested person, amend, or alter the Register of Copyrights for the entries specified in section 49, after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity to show cause against such amendment or alteration, and communicate to such person the amendment or alteration so made.

(2) The Registrar of Copyrights shall rectify the entries made in the Register of
Copyrights after an order is being passed by the Board on an application made by the Registrar of Copyrights in this behalf under section 50.

72. Indexes. -(1) There shall be kept at the Copyright Office the following indexes both in physical and electronic form for each part of the Register of Copyrights, namely:-

(i) a general Author Index;

(ii) a general Title Index;

(iii)an Author Index of works in each language; and

(iv)a Title Index of works in each language.

(2) Every Index shall be arranged alphabetically in the form of cards.

73. Inspection of the Register of Copyrights and Indexes.-The Register of
Copyrights and Indexes thereof shall at all reasonable time be open to inspection by any person in such manner and subject to such conditions as the Registrar of Copyrights may specify. The online search or inspection of the Register of Copyrights and Indexes can be utilized by making online payment of fee as specified in the Second Schedule.

74. Copies and extracts of the Register of Copyrights and Indexes. – (1) Any
person shall be entitled to take copies of, or make extracts from, the Register of
Copyrights or Indexes on payment of the fee as specified in the Second Schedule subject to such supervision as the Registrar of Copyrights may arrange.
(2) The Registrar of Copyrights shall, on an application made in that behalf and on payment of the fee specified in the Second Schedule, furnish a certified copy of entries made in the Register of Copyrights and Indexes thereof.

CHAPTER XIV

STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS

75. (1) Any owner of copyright may give a complaint in writing under clause (c) of
sub-section (1) of section 52, to a person who has facilitated transient or incidental
storage of work for providing electronic links, access or integration to restrain from such storage of work.

(2) The written complaint shall contain the following particulars, namely:-

(a) the description of the work with adequate information to identify the work;

(b) details establishing that the complainant is the owner or exclusive licensee
of copyright in the work;

(c) details establishing that the copy of the work which is the subject matter
of transient or incidental storage is an infringing copy of the matter of
transient or incidental storage is an infringing copy of the work owned by
the complainant and that the allegedly infringing act is not covered under
section 52 or any other act that is permitted by the Act;

(d) details of the location where transient or incidental storage of the work is
taking place;

(e) details of the person, if known, who is responsible for uploading the work
infringing the copyright of the complainant; and

(f) Undertaking that the complainant shall file an infringement suit in the
competent court against the person responsible for uploading the
infringing copy and produce the orders of the competent court having
jurisdiction, within a period of twenty-one days from the receipt of the
notice.

(3) On receipt of the written complaint, the person responsible for the storage of the copy, if satisfied from the details provided in the complaint that the copy of the work is an infringed copy, within thirty-six hours, take measures to refrain from facilitating such access for a period of twenty-one days from the date of receipt of the complaint or till he receives an order from the competent court restraining him from facilitating access whichever is earlier.

(4) The person responsible for storage shall display a notice giving reasons for
restraining such access to persons requesting for access to the alleged infringing copy.

(5) The person responsible for storage may restore the storage of the work in case
the complainant failed to produce the orders of the competent court having jurisdiction,restraining him from facilitating access.

(6) In case the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, the person responsible for storage shall not be obliged to respond to any further notice sent by the same complainant on the same work in the same location.

CHAPTER XV

MAKING OR ADAPTING THE WORK BY ORGANIZATIONS WORKING FOR THE
BENEFIT OF PERSONS WITH DISABILITIES

76. Maintenance of records. – The organization working for the benefit of the
persons with disabilities and intending to adapt, reproduce, issue of copies or
communication to public of any work in any accessible format shall maintain at its
principal place of business a register containing the following details, namely:-

(a) the name of the work, author or owner or publisher along with year of
publication;

(b) the details of the accessible format in which the work is produced;

(d) total number of copies made, list of persons with disabilities to whom copies
have been distributed; and

(e) price, if any, charged on the copies.

77. Notice to be included in copies made in accessible formats.- The
organization working for the benefit of the persons with disabilities shall insert
appropriate notices in the copies of works in accessible formats created by the
organisations that-

(a) the accessible format is created pursuant to the exception under clause (zb)
of sub-section(1) of section 52;

(b) the accessible format is intended solely for the use of persons with disabilities
who cannot enjoy the normal format of the work; and

(c) any distribution of the accessible format to any person who can enjoy the
normal format of the work will lead to stopping the supply of further works in
accessible formats and such other legal consequences as are applicable.
Explanation.- For the purposes of this Chapter, the term “accessible format” shall
include Braille, Daisy, large print, talking books, digital formats and all other formats that can be used by persons with disabilities.

78. Contracts with third parties engaged by organizations working for
persons with disabilities. – An organisation working for persons with disabilities may engage any third party as its agent to undertake any of the activities permitted under clause (zb) of sub-section (1) of section 52, on its behalf and shall enter into appropriate contracts with such third party to ensure that such third party undertakes such activities only on behalf of the organisation and not otherwise.

CHAPTER XVI

IMPORTATION OF INFRINGING COPIES

79. Importation of infringing copies.- (1) Every notice, under sub-section (1) of
section 53, shall be made to the Commissioner of Customs, or to any other officer
authorized in this behalf, by the Central Board of Excise and Customs in accordance in Form-XVI and shall be accompanied by fee as specified in the Second Schedule.

(2) The person who gives notice under in sub-rule (1) shall deposit, within the time
specified by the Commissioner, such amount as the Commissioner may deem fit as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that the works are not infringing copies.

(3) The Commissioner or the officer duly authorized in this behalf, on arrival of such works, if satisfied, shall suspend the clearance of such works for a period of fourteen days and shall inform the arrival and detention of work to the person who has given the notice.

(4) At the request of the importer or his duly authorized agent, Commissioner or the officer duly authorized in this behalf, shall inform the name and address of the person who gave the notice.

(5) The Commissioner or the officer duly authorized in this behalf shall release the
consignment on expiry of a period of fourteen days, in case the person who gave notice failed to produce an order from the competent court having jurisdiction restraining him from releasing the suspended consignment of works.

CHAPTER XVII

TECHNOLOGICAL PROTECTION MEASURES

80. Maintaining of records.-
(1) Any person who is permitted to circumvent technological protection measures
under clause (a) of subsection (2) of section 65A of the Act may approach any person, who can assist him to circumvent the technological protection measures.

(2) Any such person facilitating circumvention of technological protection measures
for another person shall maintain a record containing details of the person who
requested for assistance, containing the following details, namely:-

(a) the name, complete postal address, photograph, e-mail address and
telephone number or other contact details of the person;

(b) the professional details of the person, if any, including the address of the
place where he is working at present;

(d) an undertaking in writing from the person requesting assistance that he is
entitled for circumvention of the technological protection measures and will
be solely responsible for copyright infringement, if any, of the protected
work.

(3) The record may be maintained on-line or in any other format for a minimum
period of three years, in the place from where he is facilitating circumvention.

(4) Any such person maintaining records under sub-rule (2) shall disclose the details in the record only upon an Order of the court or to a police officer, not below the rank of a Sub-Inspector of Police, investigating a complaint under section 65A.

CHAPTER XVIII

MISCELLANEOUS

81. Mode of making applications, etc. – Every application, notice, statement or
any other document to be made, given, filed or sent under the Act or under these Rules may, unless otherwise directed by the authority concerned, be sent by hand or registered post or by online filing procedure made available on the website of the Copyright Office or Copyright Board.

82. Mode of Communication by the Copyright Board, etc.-Even written
intimation from the Copyright Board, the Copyright Office or the Registrar of Copyrights shall be deemed to have been duly communicated to any person if such intimation is sent to the known address of such person by registered post.

83. Fees. – (1) The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule.

(2) The fees may be paid to the Registrar of Copyrights, New Delhi, by a postal order or a bank draft issued by a Scheduled Bank as defined in the Reserve bank of India Act, 1934, or by deposit into a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India under the head of account: Major Head-0070; 60 Other Services; Minor Head-113; Copyright Registration Fees or by payment gateway provided in online-filing facility of the Copyright Office website copyright.gov.in.

(3) Postal orders and bank drafts shall be crossed and drawn in New Delhi.

(4) Payment by bank drafts shall not be valid unless the amount of bank commission is included therein.

(5) Where payment is made by deposit in a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India, the challan evidencing the payment shall be sent to the authority concerned by pre-paid registered post.

(6) No fee is required to be paid for taking extracts from Register of Copyrights or
indexes for official purposes by the Central Government or the State Government.

84. Right of audience. – In any proceedings before the Board or the Registrar of
Copyrights any party may appear and be heard either in person or by a pleader or other person duly authorised by such party.

85. Costs. -The cost incidental to the proceedings before the Board or the Registrar of Copyrights shall be in the discretion of the Board or the Registrar of Copyrights, as the case may be.

86. Repeal.- The Copyright Rules, 1958, are hereby repealed without prejudice to
anything done under such rules before the coming into force of these rules.

THE COPYRIGHT ACT, 1957

THE COPYRIGHT ACT, 1957

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