The Copyright Act,1957 (14 of 1957)/ Universal Law Publication

THE COPYRIGHT ACT, 1957
Introduction
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Interpretation • 3. Meaning of publication 4. When work not deemed to be published or performed in public 5. When work deemed to be first published in India 6. Certain disputes to be decided by Copyright Board 7. Nationality of author where the making of unpublished work is extended over considerable period
8. Domicile of corporations
CHAPTER 11
COPYRIGHT OFFICE AND COPYRIGHT BOARD
9. Copyright Office ' 10. Registrar and Deputy Registrars of Copyrights 11. Copyright Board 12. Powers and procedure of Copyright Board . .
CHAPTER HI
COPYRIGHT
13. Works in which copyright subsists 14. Meaning of copyright 15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911 16. No copyright except as provided in this Act
CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17. First owner of copyright 18. Assignment of copyright 19. Mode of assignment 19A. Disputes with respect to assignment of copyright 20. Trarrsmission of copyright in manuscript by testamentary disposition 21. Right of author to relinquish copyright
CHAPTER V
TERM OF COPYRIGHT 22. Term of copyright in published literary, dramatic, musical and artistic works

Sections
23. Term of copyright in anonymous and pseudonymous works 24. Term of copyright in posthumous work 25. Term of copyright in photographs
26. Term of copyright in cinematograph films 27. Term of copyright in sound recording 28. Term of copyright in Government works 28A. Term of copyright in works of public undertakings 29. Term of copyright in works of international organisations
CHAPTER VI
LICENCES
30. Licences by owners of copyright 30A. Application of sections 19 and 19A 31. Compulsory licence in works withheld from public 31A. Compulsory licence in impublished Indian works 32. Licence to produce and publish translations 32A. Licence to reproduce and publish works for certain purposes 32B. Termination of licences issued under this Chapter
CHAPTER VII
COPYRIGHT SOaETIES
33. Registration of copyright society 34. Administration of rights of owner by copyright society 34A. Payment of remunerations by copyright society 35. Control over the copyright society by the owner of rights 36. Submission of returns and reports 36A. Rights and liabilities of performing rights sodeUes CHAPTER VIII RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
37. Broadcast reproduction right 38. Performer's right * . * ' 39. Acts not infringing broadcast reproduction right or performer s ngh 39A. Other provisions applying to broadcast reproduction right and performer's right
CHAPTER IX INTERNATIONAL COPYRIGHT
40 Power to extend copyright to foreign works • - • 40A Power of Central Government to apply Chapter Vffl to broadcastmg org^Utions and performers in certain other countnes - • 41. Pr^sions as to works of certain international orgarusaUons 42. Power to restrict rights in works of foreign authors first published in India

Contents
Sections
42A. Power to restrict rights of foreign broadcasting organisations and performers
43. Orders under this Chapter to be laid before Parliament
CHAPTER X
REGISTRATION OF COPYRIGHT
44. Register of Copyrighte
45. Entries in register of Copyrights
46. Indexes
47. Form and inspection of register 48. Register of Copyrights to be prima facie evidence of particulars entered therein
49. Correction of entries in the Register of Copyrights 50. Rectification of Register by Copyright Board 50A. Entries in the Register of Copyrights, etc., to be published
CHAPTER XI
INFRINGEMENT OF COPYRIGHT
51. When copyright infringed 52. Certain acts not to be infringement of copyright 52A. Particulars to be included in sound recording and video tilms
52B. Accounts and audit 53. Importation of infringing copies. 53A. Resale share right in original copies
CHAPTER X;/
CIVIL REMEDIES
54. Definition
55. Civil remedies for infringement of copyright
56. Protection of separate rights 57. Author's special right
58. Rights of owner against persons possessing or dealing with infringing copies
59. Restriction on remedies in the case of works of architecture. 60. Remedy in the case of groundless threat of legal proceedings 61. Owners of copyright to be party to the proceeding
62. Jurisdiction of court over nutters arising under this Chapter
CHAPTER XllI
OFFENCES
63. Offence of infringement of copyright or other rights conferred by this Act
63A. Enhanced penalty on second and subsequent convictions .
63B. Knowing use of infringing copy of computer programme
to be an offence
64. Power of police to seize infringing copies
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Sections
65. Possession of plates for purpose of making infringing copies 66. Disposal of infringing copies or plates for purpose of making infringing copies 67. Penalty for making false entries in register, etc., for producing or tendering false entries 68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer
68A. Penalty for contravention of section 52A 69. Offences by companies
70. Cognizance of offences
CHAPTER XIV
APPEALS 71. Appeals against certain order of Magistrate 72. Appeals against orders of Registrar of Copyrights and Copyright Board
73. Procedure for appeals
CHAPTER XV
MISCELLANEOUS
74. Registrar of Copyrights and Copyright Board to possess certain powers of civil courts 75. Orders for payment of money passed by Registrar of Copyrights and Copyright Board to be executable as a decree
76. Protection of action taken in good faith 77. Certain persons to be public servants
78. Power to make rules 79. Repeals, savings, and transitional provisions
THE COPYRIGHT RULES, 1958
CHAPTER I
PRELIMINARY
Rules 1. Short title, extent and commencement
2. Interpretations
CHAPTER 11
the COPYRIGHT BOARD 3. Terms and conditions of office of the Chairman and members of the Copyright Board 4. Fimctions of the Secretary of the Copyright Board CHAPTER III RELINQUISHMENT OF COPYRIGHT
5. Notice of relinquishment

CHAPTER IV
LICENCES FOR TRANSLATIONS 6. Application for licence . . . 55
7. Notice of application . . . 55
8. Consideration of the application . . . 55
9. Manner of determining royalties . . . . . 56
10. Extension of the period of licence . . . 56
11. Cancellation of licence . . . 56
CHAPTER IVA
COMPULSORY LICENCE FOR PUBLICATION OF UNPUBLISHED WORKS, TRANSLATION AND REPRODUCTION OF WORKS
IIA. Application for licence . . . 57
IIB. . . . 57 lie. Notice of application. . . . 57 IID. Manner of determining royalties ^ . . . 58
HE. Extension of the period of licence . . . 58
IIP. Cancellation of licence . . . 58
IIG. Notice for termination of licence . . . 58
CHAPTER V
COPYRIGHT SOCIETIES 12. Conditions for submission of applications for registration of copyright societies . . ' . 58 13. Application for registration by performing right societies . . . 59 14. Conditions for grant of permission to carry on copyright business . 59
14A. Documents accompanying applications . . . 59 14B. Conditions for registration of a copyright society . . . 59 14C. Procedure for holding inquiry . , . ' 60 140. Suspension of registration and appointment of administrator . . 60
14E. Powers and functions of the administrator . . ' . 60 14F. Cancellatiofi of registration of a copyright society . . . 61 14G. Conditions subject to which a copyright society may accept authorisation and an owner of rights may withdraw such authorisation . . • . §1 14H. Conditions subject to which a copyright society may issue licences, collect fees and distribute such fees . . . 61 14-1. Procedure for obtaining approval of owners of rights for collection and distribution of fees, etc. . . . 61
14J. Tariff scheme . , . 62
14K. Distribution scheme . . 62
14L. Meeting of copyright societies . . . 62
14M. Accounts and audit . . . 63 14N. Annual general meeting of owners of rights . i . 63 14-0. Documents to be presented in the annual general meeting of » , owners of rights . . . 63
Rules
14P. Returns to be filed by the copyright societies with the Registrar of Copyrights
CHAPTER VI
REGISTRATION OF COPYRIGHT 15. Form of Register of Copyrights 16. Application for Registration of Copyright 17. Correction of entries in the Register of Copyrights
18. Indexes
19. Inspection of the Register of Copyrights and Indexes
20. Copies and extracts of the Register of Copyrights and indexes
CHAPTER VII
MAKING OF SOUND RECORDINGS
21. Making of records
CHAPTER VIII
IMPORTATION OF INFRINGING COPIES
22. Importation of infringing copies
23. Procedure for examination of infringing copies
CHAPTER IX
MISCELLANEOUS
24. Mode of making applications, etc. 25- Mode of communication by the Copyright Board, etc.
26. Fees 27. Right of audience
28. Costs
FIRST SCHEDULE FORM I.— Notice of relinquishment of copyright FORM II.— Application for a licence for translation form IIA.—Application for a licence for publication/ transia tion / reprod uc tion FORM IIB.—[Notice for termination of licence—See rule IIG] FORM lie.—Application form for permission to carry on copyright business and for registration as a copyright society FORM IID.—Certificate of registration under section 33(3) of the Copyright Act, 1957 FORM III.— Form of register of copyrights form IV.— Application for registration of copyright FORM V. Application for registration of changes in ^e particulars of copyright entered in the register of copyrights form VI.— Application under section 53 of the Act SECOND SCHEDULE.—[Fees payable—See rule 26]

INTERNATIONAL COPYRIGHT ORDER, 1999
Paragraphs
1-7. . . . 82
SCHEDULE . . . 84 Fart I.— Berne Convention Countries which have ratified/accepted/ acceded to the 1971 text of the convention . . . 84 Part n.— Berne Convention Countries which are yet to ratify/accept/ accede to the 1971 text of convention . . . 85
Fart in.— Universal Copyright Convention Countries which have ratified/accepted/acceded to the 1971 text of the convention . . . 86
Part IV—Universal Copyright Convention Countries which are yet to ratify/accept/accede to the 1971 text of the convention . . . 86
Part V.— Phonograms Convention Countries . . . 87 Part VI.—The World Trade Organisation Countries . . . 87
MODEL SPECIMENS.— Agreement between Author and Publisher (Royalty). . . 89 Agreement between Author and Publisher (Assignment) . 90