THE COPYRIGHT ACT, 1957

PREAMBLE

What does the Copyright Act, 1957 deal with?

The Copyright Act, 1957 deals with amendment and consolidation of the law relating to copyright.

What is the Act number of the Copyright Act, 1957?

The Copyright Act, 1957 is Act No. 14 of 1957.

On what date was the Copyright Act, 1957 enacted?

The Copyright Act, 1957 was enacted on 4th June, 1957.

CHAPTER I

PRELIMINARY

What does Section 1 of the Copyright Act, 1957 deal with?

Section 1 deals with the short title, extent and commencement of the Copyright Act, 1957.

To what extent does the Copyright Act, 1957 apply?

The Copyright Act, 1957 extends to the whole of India.

How does the Copyright Act, 1957 come into force under Section 1?

The Copyright Act, 1957 comes into force on such date as the Central Government may appoint by notification in the Official Gazette.

On what date did the Copyright Act, 1957 come into force?

The Copyright Act, 1957 came into force on 21st January, 1958.

What does Section 2 of the Copyright Act, 1957 deal with?

Section 2 deals with interpretation and definitions under the Copyright Act, 1957.

What is meant by “adaptation” under Section 2(a)(i) of the Copyright Act, 1957?

“Adaptation” in relation to a dramatic work means the conversion of the work into a non-dramatic work.

What is meant by “adaptation” under Section 2(a)(ii) of the Copyright Act, 1957?

“Adaptation” in relation to a literary work or an artistic work means the conversion of the work into a dramatic work by way of performance in public or otherwise.

What is meant by “adaptation” under Section 2(a)(iii) of the Copyright Act, 1957?

“Adaptation” in relation to a literary or dramatic work means 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, newspaper, magazine or similar periodical.

What is meant by “adaptation” under Section 2(a)(iv) of the Copyright Act, 1957?

“Adaptation” in relation to a musical work means any arrangement or transcription of the work.

What is meant by “adaptation” under Section 2(a)(v) of the Copyright Act, 1957?

“Adaptation” in relation to any work means any use of such work involving its re-arrangement or alteration.

What is meant by “Appellate Board” under Section 2(aa) of the Copyright Act, 1957?

“Appellate Board” means the Appellate Board referred to in section 11.

What is meant by “work of architecture” under Section 2(b) of the Copyright Act, 1957?

“Work of architecture” means any building or structure having an artistic character or design, or any model for such building or structure.

What is included within the meaning of “artistic work” under Section 2(c) of the Copyright Act, 1957?

“Artistic work” includes a painting, sculpture, drawing including a diagram, map, chart or plan, engraving or photograph, whether or not such work possesses artistic quality, a work of architecture and any other work of artistic craftsmanship.

Who is the author in relation to a literary or dramatic work under Section 2(d)(i) of the Copyright Act, 1957?

In relation to a literary or dramatic work, the author is the author of the work.

Who is the author in relation to a musical work under Section 2(d)(ii) of the Copyright Act, 1957?

In relation to a musical work, the author is the composer.

Who is the author in relation to an artistic work other than a photograph under Section 2(d)(iii) of the Copyright Act, 1957?

In relation to an artistic work other than a photograph, the author is the artist.

Who is the author in relation to a photograph under Section 2(d)(iv) of the Copyright Act, 1957?

In relation to a photograph, the author is the person taking the photograph.

Who is the author in relation to a cinematograph film or sound recording under Section 2(d)(v) of the Copyright Act, 1957?

In relation to a cinematograph film or sound recording, the author is the producer.

Who is the author in relation to a computer-generated literary, dramatic, musical or artistic work under Section 2(d)(vi) of the Copyright Act, 1957?

In relation to a computer-generated literary, dramatic, musical or artistic work, the author is the person who causes the work to be created.

What is meant by “broadcast” under Section 2(dd) of the Copyright Act, 1957?

“Broadcast” means communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images, or by wire, and includes a re-broadcast.

What is meant by “calendar year” under Section 2(e) of the Copyright Act, 1957?

“Calendar year” means the year commencing on the 1st day of January.

What is meant by “cinematograph film” under Section 2(f) of the Copyright Act, 1957?

“Cinematograph film” means any work of visual recording and includes a sound recording accompanying such visual recording.

How shall the term “cinematograph” be construed under Section 2(f) of the Copyright Act, 1957?

“Cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

Whether a sound recording accompanying a visual recording is included within cinematograph film under Section 2(f) of the Copyright Act, 1957?

Yes, a sound recording accompanying a visual recording is included within cinematograph film under Section 2(f) of the Copyright Act, 1957.

Whether video films are included within the meaning of cinematograph under Section 2(f) of the Copyright Act, 1957?

Yes, video films are included within the meaning of cinematograph under Section 2(f) of the Copyright Act, 1957.

What is excluded from “commercial rental” under Section 2(fa) of the Copyright Act, 1957?

“Commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution.

What is meant by a “non-profit library or non-profit educational institution” under the Explanation to Section 2(fa) of the Copyright Act, 1957?

A “non-profit library or non-profit educational institution” means a library or educational institution which receives grants from the Government or is exempted from payment of tax under the Income-tax Act, 1961.

What is meant by “communication to the public” under Section 2(ff) of the Copyright Act, 1957?

“Communication to the public” means making any work or performance 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 physical copies of it, whether simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.

Whether communication through satellite, cable or other means of simultaneous communication to more than one household is deemed communication to the public under the Explanation to Section 2(ff) of the Copyright Act, 1957?

Yes, communication through satellite, cable or other means of simultaneous communication to more than one household or place of residence is deemed communication to the public under the Explanation to Section 2(ff) of the Copyright Act, 1957.

Whether communication to residential rooms of any hotel or hostel is deemed communication to the public under the Explanation to Section 2(ff) of the Copyright Act, 1957?

Yes, communication to residential rooms of any hotel or hostel is deemed communication to the public under the Explanation to Section 2(ff) of the Copyright Act, 1957.

What is meant by “delivery” in relation to a lecture under Section 2(g) of the Copyright Act, 1957?

“Delivery” in relation to a lecture includes delivery by means of any mechanical instrument or by broadcast.

What is included within “dramatic work” under Section 2(h) of the Copyright Act, 1957?

“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.

What is excluded from the meaning of “dramatic work” under Section 2(h) of the Copyright Act, 1957?

A cinematograph film is excluded from the meaning of “dramatic work” under Section 2(h) of the Copyright Act, 1957.

What is meant by “duplicating equipment” under Section 2(hh) of the Copyright Act, 1957?

“Duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work.

What is included within “engravings” under Section 2(i) of the Copyright Act, 1957?

“Engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs.

Whether photographs are included within engravings under Section 2(i) of the Copyright Act, 1957?

No, photographs are not included within engravings under Section 2(i) of the Copyright Act, 1957.

What is meant by “exclusive licence” under Section 2(j) of the Copyright Act, 1957?

“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.

How shall the term “exclusive licensee” be construed under Section 2(j) of the Copyright Act, 1957?

“Exclusive licensee” shall be construed accordingly to the meaning of exclusive licence under Section 2(j) of the Copyright Act, 1957.

What is meant by “Government work” under Section 2(k) of the Copyright Act, 1957?

“Government work” means a work which is made or published by or under the direction or control of the Government or any department of the Government, any Legislature in India, or any court, tribunal or other judicial authority in India.

What is meant by “Indian work” under Section 2(l) of the Copyright Act, 1957?

“Indian work” means a literary, dramatic or musical work, the author of which is a citizen of India, or which is first published in India, or the author of which, in the case of an unpublished work, is at the time of making of the work a citizen of India.

What is meant by “infringing copy” under Section 2(m) of the Copyright Act, 1957?

“Infringing copy” means a reproduction, copy, sound recording or cinematograph film made or imported in contravention of the provisions of the Copyright Act, 1957.

What is meant by “infringing copy” in relation to a literary, dramatic, musical or artistic work under Section 2(m)(i) of the Copyright Act, 1957?

In relation to a literary, dramatic, musical or artistic work, “infringing copy” means a reproduction thereof otherwise than in the form of a cinematograph film.

What is meant by “infringing copy” in relation to a cinematograph film under Section 2(m)(ii) of the Copyright Act, 1957?

In relation to a cinematograph film, “infringing copy” means a copy of the film made on any medium by any means.

What is meant by “infringing copy” in relation to a sound recording under Section 2(m)(iii) of the Copyright Act, 1957?

In relation to a sound recording, “infringing copy” means any other recording embodying the same sound recording made by any means.

What is meant by “infringing copy” in relation to a programme or performance under Section 2(m)(iv) of the Copyright Act, 1957?

In relation to a programme or performance in which a broadcast reproduction right or performer’s right subsists under the Act, “infringing copy” means the sound recording or cinematograph film of such programme or performance.

When does a reproduction, copy or sound recording become an infringing copy under Section 2(m) of the Copyright Act, 1957?

A reproduction, copy or sound recording becomes an infringing copy when it is made or imported in contravention of the provisions of the Copyright Act, 1957.

What is included within the meaning of “lecture” under Section 2(n) of the Copyright Act, 1957?

“Lecture” includes address, speech and sermon.

What is included within the meaning of “literary work” under Section 2(o) of the Copyright Act, 1957?

“Literary work” includes computer programmes, tables, compilations and computer databases.

What is meant by “musical work” under Section 2(p) of the Copyright Act, 1957?

“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.

What is meant by “performance” under Section 2(q) of the Copyright Act, 1957?

“Performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers.

What is included within the meaning of “performer” under Section 2(qq) of the Copyright Act, 1957?

“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.

What is included within the meaning of “photograph” under Section 2(s) of the Copyright Act, 1957?

“Photograph” includes photo-lithograph and any work produced by any process analogous to photography.

What is excluded from the meaning of “photograph” under Section 2(s) of the Copyright Act, 1957?

Any part of a cinematograph film is excluded from the meaning of “photograph” under Section 2(s) of the Copyright Act, 1957.

Whether any part of a cinematograph film is included within photograph under Section 2(s) of the Copyright Act, 1957?

No, any part of a cinematograph film is not included within photograph under Section 2(s) of the Copyright Act, 1957.

What is meant by “plate” under Section 2(t) of the Copyright Act, 1957?

“Plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, 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 sound recordings for the acoustic presentation of the work are or are intended to be made.

What is meant by “prescribed” under Section 2(u) of the Copyright Act, 1957?

“Prescribed” means prescribed by rules made under the Copyright Act, 1957.

What is meant by “producer” under Section 2(uu) of the Copyright Act, 1957?

“Producer”, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work.

What is meant by “reprography” under Section 2(x) of the Copyright Act, 1957?

“Reprography” means the making of copies of a work by photocopying or similar means.

What is meant by “Right Management Information” under Section 2(xa) of the Copyright Act, 1957?

“Right Management Information” means the title or other information identifying the work or performance, the name of the author or performer, the name and address of the owner of rights, terms and conditions regarding the use of the rights, and any number or code representing such information, but does not include any device or procedure intended to identify the user.

What is meant by “sound recording” under Section 2(xx) of the Copyright Act, 1957?

“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.

What is meant by “visual recording” under Section 2(xxa) of the Copyright Act, 1957?

“Visual recording” means the recording in any medium, by any method including storing by electronic means, of moving images or representations thereof, from which they can be perceived, reproduced or communicated by any method.

What is meant by “work” under Section 2(y) of the Copyright Act, 1957?

“Work” means a literary, dramatic, musical or artistic work, a cinematograph film or a sound recording.

What is meant by “work of joint authorship” under Section 2(z) of the Copyright Act, 1957?

“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.

What is included within “work of sculpture” under Section 2(za) of the Copyright Act, 1957?

“Work of sculpture” includes casts and models.

What does Section 3 of the Copyright Act, 1957 deal with?

Section 3 deals with the meaning of publication for the purposes of the Copyright Act, 1957.

What is meant by “publication” under Section 3 of the Copyright Act, 1957?

“Publication” means making a work available to the public by issue of copies or by communicating the work to the public.

For what purpose is the meaning of publication provided under Section 3 of the Copyright Act, 1957?

The meaning of publication under Section 3 is provided for the purposes of the Copyright Act, 1957.

What does Section 4 of the Copyright Act, 1957 deal with?

Section 4 deals with when a work is not deemed to be published or performed in public.

When shall a work not be deemed to be published or performed in public under Section 4 of the Copyright Act, 1957?

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.

What does Section 5 of the Copyright Act, 1957 deal with?

Section 5 deals with when a work is deemed to be first published in India.

When shall a work published in India be deemed to be first published in India under Section 5 of the Copyright Act, 1957?

For the purposes of the Copyright Act, 1957, a work published in India 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.

What is the exception to a work being deemed first published in India under Section 5 of the Copyright Act, 1957?

A work shall not be deemed to be first published in India if the other country in which it is simultaneously published provides a shorter term of copyright for such work.

When shall a work be deemed to be published simultaneously in India and another country under Section 5 of the Copyright Act, 1957?

A work shall be deemed to be published simultaneously in India and 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 determine in relation to any specified country.

What is the time limit prescribed under Section 5 of the Copyright Act, 1957 for simultaneous publication in India and another country?

The time limit prescribed under Section 5 for simultaneous publication in India and another country is thirty days.

Which authority is empowered under Section 5 of the Copyright Act, 1957 to determine another period for simultaneous publication?

The Central Government is empowered under Section 5 of the Copyright Act, 1957 to determine another period for simultaneous publication.

In relation to what may the Central Government determine another period under Section 5 of the Copyright Act, 1957?

The Central Government may determine another period in relation to any specified country under Section 5 of the Copyright Act, 1957.

What does Section 6 of the Copyright Act, 1957 deal with?

Section 6 deals with certain disputes to be decided by the Appellate Board.

What questions are required to be referred to the Appellate Board under Section 6(a) of the Copyright Act, 1957?

Questions whether a work has been published or as to the date on which a work was published for the purposes of Chapter V are required to be referred to the Appellate Board under Section 6(a) of the Copyright Act, 1957.

What question relating to copyright term is required to be referred to the Appellate Board under Section 6(b) of the Copyright Act, 1957?

The question whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under the Copyright Act, 1957 is required to be referred to the Appellate Board under Section 6(b) of the Copyright Act, 1957.

Under which provision is the Appellate Board referred to in Section 6 constituted?

The Appellate Board referred to in Section 6 is constituted under section 11.

What is the effect of the decision of the Appellate Board under Section 6 of the Copyright Act, 1957?

The decision of the Appellate Board under Section 6 of the Copyright Act, 1957 is final.

What is provided under the proviso to Section 6 of the Copyright Act, 1957?

The proviso to Section 6 provides that if in the opinion of the Appellate 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.

What shall not be deemed to be publication under the proviso to Section 6 of the Copyright Act, 1957?

The issue of copies or communication to the public referred to in section 3 shall not be deemed to be publication if in the opinion of the Appellate Board it was of an insignificant nature.

Whose opinion is relevant for determining whether the issue of copies or communication to the public was of an insignificant nature under the proviso to Section 6 of the Copyright Act, 1957?

The opinion of the Appellate Board is relevant for determining whether the issue of copies or communication to the public was of an insignificant nature under the proviso to Section 6 of the Copyright Act, 1957.

What does Section 7 of the Copyright Act, 1957 deal with?

Section 7 deals with the nationality of the author where the making of an unpublished work is extended over a considerable period.

When does Section 7 of the Copyright Act, 1957 apply?

Section 7 applies where, in the case of an unpublished work, the making of the work is extended over a considerable period.

How shall the author of an unpublished work be deemed for the purposes of the Copyright Act, 1957 where the making of the work is extended over a considerable period?

The author shall 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.

What does Section 8 of the Copyright Act, 1957 deal with?

Section 8 deals with the domicile of corporations.

How shall a body corporate be deemed to be domiciled under Section 8 of the Copyright Act, 1957?

A body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.

CHAPTER II

COPYRIGHT OFFICE AND APPELLATE BOARD

What does Section 9 of the Copyright Act, 1957 deal with?

Section 9 deals with the Copyright Office.

What office is required to be established under Section 9(1) of the Copyright Act, 1957?

An office to be called the Copyright Office is required to be established under Section 9(1) of the Copyright Act, 1957.

For what purpose is the Copyright Office established under Section 9(1) of the Copyright Act, 1957?

The Copyright Office is established for the purposes of the Copyright Act, 1957.

Under whose immediate control shall the Copyright Office function under Section 9(2) of the Copyright Act, 1957?

The Copyright Office shall function under the immediate control of the Registrar of Copyrights under Section 9(2) of the Copyright Act, 1957.

Under whose superintendence and direction shall the Registrar of Copyrights act under Section 9(2) of the Copyright Act, 1957?

The Registrar of Copyrights shall act under the superintendence and direction of the Central Government under Section 9(2) of the Copyright Act, 1957.

Whether there shall be a seal for the Copyright Office under Section 9(3) of the Copyright Act, 1957?

Yes, there shall be a seal for the Copyright Office under Section 9(3) of the Copyright Act, 1957.

What does Section 10 of the Copyright Act, 1957 deal with?

Section 10 deals with the Registrar and Deputy Registrars of Copyrights.

Who appoints the Registrar of Copyrights under Section 10(1) of the Copyright Act, 1957?

The Central Government appoints the Registrar of Copyrights under Section 10(1) of the Copyright Act, 1957.

Whether the Central Government may appoint Deputy Registrars of Copyrights under Section 10(1) of the Copyright Act, 1957?

Yes, the Central Government may appoint one or more Deputy Registrars of Copyrights under Section 10(1) of the Copyright Act, 1957.

Under whose superintendence and direction shall a Deputy Registrar of Copyrights discharge functions under Section 10(2) of the Copyright Act, 1957?

A Deputy Registrar of Copyrights shall discharge functions under the superintendence and direction of the Registrar of Copyrights under Section 10(2) of the Copyright Act, 1957 as the Registrar may from time to time assign to him.

Who assigns functions to a Deputy Registrar of Copyrights under Section 10(2) of the Copyright Act, 1957?

The Registrar of Copyrights assigns functions to a Deputy Registrar of Copyrights under Section 10(2) of the Copyright Act, 1957.

How frequently may functions be assigned to a Deputy Registrar of Copyrights under Section 10(2) of the Copyright Act, 1957?

Functions may be assigned to a Deputy Registrar of Copyrights from time to time under Section 10(2) of the Copyright Act, 1957.

When shall a reference to the Registrar of Copyrights include a reference to a Deputy Registrar of Copyrights under Section 10(2) of the Copyright Act, 1957?

A reference to the Registrar of Copyrights shall include a reference to a Deputy Registrar of Copyrights when the Deputy Registrar is discharging functions assigned to him under Section 10(2) of the Copyright Act, 1957.

What does Section 11 of the Copyright Act, 1957 deal with?

Section 11 deals with the Appellate Board.

Which Appellate Board shall be the Appellate Board for the purposes of the Copyright Act, 1957 under Section 11(1)?

The Appellate Board established under section 83 of the Trade Marks Act, 1999 shall be the Appellate Board for the purposes of the Copyright Act, 1957 under Section 11(1).

From which date shall the Appellate Board established under section 83 of the Trade Marks Act, 1999 function as the Appellate Board under the Copyright Act, 1957?

The Appellate Board established under section 83 of the Trade Marks Act, 1999 shall function as the Appellate Board under the Copyright Act, 1957 on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017.

What does Section 12 of the Copyright Act, 1957 deal with?

Section 12 deals with the powers and procedure of the Appellate Board.

Subject to what shall the Appellate Board have power to regulate its own procedure under Section 12(1) of the Copyright Act, 1957?

The Appellate Board shall, subject to any rules made under the Copyright Act, 1957, have power to regulate its own procedure under Section 12(1).

What powers relating to procedure are conferred upon the Appellate Board under Section 12(1) of the Copyright Act, 1957?

The Appellate Board has power to regulate its own procedure including the fixing of places and times of its sittings under Section 12(1) of the Copyright Act, 1957.

What is the ordinary place of hearing of proceedings before the Appellate Board under the proviso to Section 12(1) of the Copyright Act, 1957?

The Appellate Board shall ordinarily hear proceedings instituted before it within the zone in which, at the time of institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain.

At what point of time is residence, carrying on business or personally working for gain determined under the proviso to Section 12(1) of the Copyright Act, 1957?

Residence, carrying on business or personally working for gain is determined at the time of institution of the proceeding under the proviso to Section 12(1) of the Copyright Act, 1957.

What is meant by “zone” under the Explanation to Section 12(1) of the Copyright Act, 1957?

“Zone” means a zone specified in section 15 of the States Reorganisation Act, 1956 under the Explanation to Section 12(1) of the Copyright Act, 1957.

Through whom may the Appellate Board exercise and discharge its powers and functions under Section 12(2) of the Copyright Act, 1957?

The Appellate Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Appellate Board from amongst its members under Section 12(2) of the Copyright Act, 1957.

Who constitutes Benches of the Appellate Board under Section 12(2) of the Copyright Act, 1957?

The Chairman of the Appellate Board constitutes Benches of the Appellate Board under Section 12(2) of the Copyright Act, 1957.

From amongst whom are Benches of the Appellate Board constituted under Section 12(2) of the Copyright Act, 1957?

Benches of the Appellate Board are constituted from amongst its members under Section 12(2) of the Copyright Act, 1957.

When may the Chairman refer a matter to a special bench under the proviso to Section 12(2) of the Copyright Act, 1957?

The Chairman may refer a matter to a special bench if he is of opinion that any matter of importance is required to be heard by a larger bench under the proviso to Section 12(2) of the Copyright Act, 1957.

Of how many members shall the special bench consist under the proviso to Section 12(2) of the Copyright Act, 1957?

The special bench shall consist of five members under the proviso to Section 12(2) of the Copyright Act, 1957.

Whether a member having personal interest in a matter may take part in proceedings before the Appellate Board under Section 12(5) of the Copyright Act, 1957?

No, a member having personal interest in a matter shall not take part in proceedings before the Appellate Board under Section 12(5) of the Copyright Act, 1957.

On what ground shall no act done or proceeding taken by the Appellate Board be questioned under Section 12(6) of the Copyright Act, 1957?

No act done or proceeding taken by the Appellate Board shall be questioned merely on the ground of existence of any vacancy in, or defect in the constitution of, the Board under Section 12(6) of the Copyright Act, 1957.

For what purposes shall the Appellate Board be deemed to be a civil court under Section 12(7) of the Copyright Act, 1957?

The Appellate Board shall be deemed to be a civil court for the purposes of sections 384 and 385 of the BNSS.

What is the nature of proceedings before the Appellate Board under Section 12(7) of the Copyright Act, 1957?

All proceedings before the Appellate Board shall be deemed to be judicial proceedings within the meaning of sections 229 and 267 of the BNS under Section 12(7) of the Copyright Act, 1957.

CHAPTER III

COPYRIGHT

What does Section 13 of the Copyright Act, 1957 deal with?

Section 13 deals with works in which copyright subsists.

Subject to what shall copyright subsist throughout India under Section 13(1) of the Copyright Act, 1957?

Copyright shall subsist throughout India subject to the provisions of Section 13 and the other provisions of the Copyright Act, 1957.

In which classes of works does copyright subsist under Section 13(1) of the Copyright Act, 1957?

Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings under Section 13(1) of the Copyright Act, 1957.

Whether copyright subsists in original literary, dramatic, musical and artistic works under Section 13(1)(a) of the Copyright Act, 1957?

Yes, copyright subsists in original literary, dramatic, musical and artistic works under Section 13(1)(a) of the Copyright Act, 1957.

Whether copyright subsists in cinematograph films under Section 13(1)(b) of the Copyright Act, 1957?

Yes, copyright subsists in cinematograph films under Section 13(1)(b) of the Copyright Act, 1957.

Whether copyright subsists in sound recordings under Section 13(1)(c) of the Copyright Act, 1957?

Yes, copyright subsists in sound recordings under Section 13(1)(c) of the Copyright Act, 1957.

Subject to what exception shall copyright not subsist in works specified under Section 13(1) of the Copyright Act, 1957?

Copyright shall not subsist in works specified under Section 13(1), other than works to which section 40 or section 41 applies, unless the conditions specified in Section 13(2) are fulfilled.

What are the conditions for subsistence of copyright in a published work under Section 13(2)(i) of the Copyright Act, 1957?

In the case of a published work, copyright shall not subsist unless 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 where the author was dead at that date, was at the time of his death, a citizen of India.

What is the condition for subsistence of copyright where a work is first published outside India under Section 13(2)(i) of the Copyright Act, 1957?

Where a work is first published outside India, copyright shall not subsist unless the author at the date of such publication, or where the author was dead at that date, at the time of his death, was a citizen of India under Section 13(2)(i) of the Copyright Act, 1957.

What are the conditions for subsistence of copyright in an unpublished work other than a work of architecture under Section 13(2)(ii) of the Copyright Act, 1957?

In the case of an unpublished work other than a work of architecture, copyright shall not subsist unless the author at the date of making of the work is a citizen of India or domiciled in India under Section 13(2)(ii) of the Copyright Act, 1957.

What is the condition for subsistence of copyright in a work of architecture under Section 13(2)(iii) of the Copyright Act, 1957?

In the case of a work of architecture, copyright shall not subsist unless the work is located in India under Section 13(2)(iii) of the Copyright Act, 1957.

What is provided under the Explanation to Section 13(2) of the Copyright Act, 1957?

In the case of a work of joint authorship, the conditions conferring copyright specified in Section 13(2) shall be satisfied by all the authors of the work.

Whether all authors must satisfy the conditions conferring copyright in a work of joint authorship under the Explanation to Section 13(2) of the Copyright Act, 1957?

Yes, all authors must satisfy the conditions conferring copyright in a work of joint authorship under the Explanation to Section 13(2) of the Copyright Act, 1957.

When shall copyright not subsist in a cinematograph film under Section 13(3)(a) of the Copyright Act, 1957?

Copyright shall not subsist in a cinematograph film if a substantial part of the film is an infringement of the copyright in any other work under Section 13(3)(a) of the Copyright Act, 1957.

When shall copyright not subsist in a sound recording under Section 13(3)(b) of the Copyright Act, 1957?

Copyright shall not subsist in a sound recording made in respect of a literary, dramatic or musical work if, in making the sound recording, copyright in such work has been infringed under Section 13(3)(b) of the Copyright Act, 1957.

Whether copyright in a cinematograph film affects separate copyright in any other work under Section 13(4) of the Copyright Act, 1957?

No, the copyright in a cinematograph film shall not affect the separate copyright in any work in respect of which or a substantial part of which the film is made under Section 13(4) of the Copyright Act, 1957.

Whether copyright in a sound recording affects separate copyright in any other work under Section 13(4) of the Copyright Act, 1957?

No, the copyright in a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which the sound recording is made under Section 13(4) of the Copyright Act, 1957.

To what extent does copyright subsist in a work of architecture under Section 13(5) of the Copyright Act, 1957?

In the case of a work of architecture, copyright shall subsist only in the artistic character and design under Section 13(5) of the Copyright Act, 1957.

Whether copyright in a work of architecture extends to processes or methods of construction under Section 13(5) of the Copyright Act, 1957?

No, copyright in a work of architecture shall not extend to processes or methods of construction under Section 13(5) of the Copyright Act, 1957.

What does Section 14 of the Copyright Act, 1957 deal with?

Section 14 deals with the meaning of copyright.

What is meant by “copyright” under Section 14 of the Copyright Act, 1957?

“Copyright” means the exclusive right, subject to the provisions of the Copyright Act, 1957, to do or authorise the doing of the acts specified in Section 14 in respect of a work or any substantial part thereof.

Whether copyright under Section 14 of the Copyright Act, 1957 is subject to the provisions of the Act?

Yes, copyright under Section 14 of the Copyright Act, 1957 is subject to the provisions of the Act.

Whether copyright extends to any substantial part of a work under Section 14 of the Copyright Act, 1957?

Yes, copyright extends to any substantial part of a work under Section 14 of the Copyright Act, 1957.

What are the rights comprised in copyright in the case of a literary, dramatic or musical work not being a computer programme under Section 14(a) of the Copyright Act, 1957?

In the case of a literary, dramatic or musical work not being a computer programme, copyright includes the rights specified in sub-clauses (i) to (vii).

What is the right conferred under Section 14(a)(i) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to reproduce the work in any material form including the storing of it in any medium by electronic means is conferred.

What is the right conferred under Section 14(a)(ii) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to issue copies of the work to the public not being copies already in circulation is conferred.

What is the right conferred under Section 14(a)(iii) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to perform the work in public or communicate it to the public is conferred.

What is the right conferred under Section 14(a)(iv) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to make any cinematograph film or sound recording in respect of the work is conferred.

What is the right conferred under Section 14(a)(v) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to make any translation of the work is conferred under Section 14(a)(v).

What is the right conferred under Section 14(a)(vi) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to make any adaptation of the work is conferred under Section 14(a)(vi) of the Copyright Act, 1957.

What is the right conferred under Section 14(a)(vii) of the Copyright Act, 1957 in respect of a literary, dramatic or musical work not being a computer programme?

The right to do, in relation to a translation or adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi) is conferred under Section 14(a)(vii) of the Copyright Act, 1957.

What rights are comprised in copyright in the case of a computer programme under Section 14(b) of the Copyright Act, 1957?

In the case of a computer programme, copyright includes the rights specified in clause (a) and the rights specified in Section 14(b)(ii) of the Copyright Act, 1957.

What is the right conferred under Section 14(b)(ii) of the Copyright Act, 1957 in respect of a computer programme?

The right to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme is conferred under Section 14(b)(ii) of the Copyright Act, 1957.

What is the proviso to Section 14(b)(ii) of the Copyright Act, 1957?

The proviso to Section 14(b)(ii) provides that commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.

When does commercial rental not apply in respect of computer programmes under the proviso to Section 14(b)(ii) of the Copyright Act, 1957?

Commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental under the proviso to Section 14(b)(ii) of the Copyright Act, 1957.

What is the right conferred under Section 14(c)(i) of the Copyright Act, 1957 in respect of an artistic work?

The right to reproduce the work in any material form is conferred under Section 14(c)(i) of the Copyright Act, 1957.

What acts are included within reproduction of an artistic work under Section 14(c)(i) of the Copyright Act, 1957?

Reproduction of an artistic work includes storing it in any medium by electronic or other means, depiction in three-dimensions of a two-dimensional work and depiction in two-dimensions of a three-dimensional work under Section 14(c)(i) of the Copyright Act, 1957.

Whether depiction in three-dimensions of a two-dimensional work is included within reproduction under Section 14(c)(i)(B) of the Copyright Act, 1957?

Yes, depiction in three-dimensions of a two-dimensional work is included within reproduction under Section 14(c)(i)(B) of the Copyright Act, 1957.

Whether depiction in two-dimensions of a three-dimensional work is included within reproduction under Section 14(c)(i)(C) of the Copyright Act, 1957?

Yes, depiction in two-dimensions of a three-dimensional work is included within reproduction under Section 14(c)(i)(C) of the Copyright Act, 1957.

What rights are comprised in copyright in the case of a cinematograph film under Section 14(d) of the Copyright Act, 1957?

In the case of a cinematograph film, copyright includes the rights specified in Section 14(d)(i) to (iii) of the Copyright Act, 1957.

What is the right conferred under Section 14(d)(i) of the Copyright Act, 1957 in respect of a cinematograph film?

The right to make a copy of the film is conferred under Section 14(d)(i) of the Copyright Act, 1957.

What acts are included within making a copy of a cinematograph film under Section 14(d)(i) of the Copyright Act, 1957?

Making a copy of a cinematograph film includes a photograph of any image forming part thereof and storing it in any medium by electronic or other means under Section 14(d)(i) of the Copyright Act, 1957.

What is the right conferred under Section 14(d)(ii) of the Copyright Act, 1957 in respect of a cinematograph film?

The right to sell or give on commercial rental or offer for sale or for such rental any copy of the film is conferred under Section 14(d)(ii) of the Copyright Act, 1957.

What is the right conferred under Section 14(d)(iii) of the Copyright Act, 1957 in respect of a cinematograph film?

The right to communicate the film to the public is conferred under Section 14(d)(iii) of the Copyright Act, 1957.

What rights are comprised in copyright in the case of a sound recording under Section 14(e) of the Copyright Act, 1957?

In the case of a sound recording, copyright includes the rights specified in Section 14(e)(i) to (iii) of the Copyright Act, 1957.

What is the right conferred under Section 14(e)(i) of the Copyright Act, 1957 in respect of a sound recording?

The right to make any other sound recording embodying it including storing it in any medium by electronic or other means is conferred under Section 14(e)(i) of the Copyright Act, 1957.

What is the right conferred under Section 14(e)(ii) of the Copyright Act, 1957 in respect of a sound recording?

The right to sell or give on commercial rental or offer for sale or for such rental any copy of the sound recording is conferred under Section 14(e)(ii) of the Copyright Act, 1957.

What is the right conferred under Section 14(e)(iii) of the Copyright Act, 1957 in respect of a sound recording?

The right to communicate the sound recording to the public is conferred under Section 14(e)(iii) of the Copyright Act, 1957.

What is provided under the Explanation to Section 14 of the Copyright Act, 1957?

For the purposes of Section 14, a copy which has been sold once shall be deemed to be a copy already in circulation.

What does Section 15 of the Copyright Act, 1957 deal with?

Section 15 deals with special provisions regarding copyright in designs registered or capable of being registered under the Designs Act, 2000.

Whether copyright subsists under the Copyright Act, 1957 in a design registered under the Designs Act, 2000?

No, copyright shall not subsist under the Copyright Act, 1957 in any design which is registered under the Designs Act, 2000.

What is the maximum number of reproductions permitted before copyright ceases under Section 15(2) of the Copyright Act, 1957?

Copyright ceases when the article to which the design has been applied has been reproduced more than fifty times under Section 15(2).

By whom may reproduction be made for cessation of copyright under Section 15(2) of the Copyright Act, 1957?

Reproduction may be made by the owner of the copyright or with his licence by any other person for cessation of copyright.

By what process must reproduction take place under Section 15(2) of the Copyright Act, 1957 for copyright to cease?

Reproduction must take place by an industrial process under Section 15(2) of the Copyright Act, 1957 for copyright to cease.

What does Section 16 of the Copyright Act, 1957 deal with?

Section 16 deals with prohibition of copyright except as provided in the Copyright Act, 1957.

Whether any person is entitled to copyright otherwise than under and in accordance with the provisions of the Copyright Act, 1957 or any other law for the time being in force under Section 16 of the Copyright Act, 1957?

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 the Copyright Act, 1957 or of any other law for the time being in force.

What is the saving clause provided under Section 16 of the Copyright Act, 1957?

Nothing in Section 16 shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

CHAPTER IV

OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER

What does Section 17 of the Copyright Act, 1957 deal with?

Section 17 deals with the first owner of copyright.

Who is the first owner of copyright under Section 17 of the Copyright Act, 1957?

Subject to the provisions of the Copyright Act, 1957, the author of a work shall be the first owner of the copyright therein.

What is provided under proviso (a) to Section 17 of the Copyright Act, 1957?

In the case of a literary, dramatic or artistic work made by the author in the course of 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 proprietor shall, in the absence of any agreement to the contrary, be the first owner of copyright in so far as the copyright relates to publication or reproduction for such publication.

What is provided under proviso (b) to Section 17 of the Copyright Act, 1957?

Subject to clause (a), in the case of a photograph taken, painting or portrait drawn, engraving or 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.

What is provided under proviso (c) to Section 17 of the Copyright Act, 1957?

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.

What is provided under proviso (cc) to Section 17 of the Copyright Act, 1957?

In the case of any address or speech delivered in public, the person delivering such address or speech or, where such address or speech is delivered on behalf of another person, such other person shall be the first owner of the copyright therein.

Who is the first owner of copyright in a public address or speech under proviso (cc) to Section 17 of the Copyright Act, 1957?

The person delivering the address or speech in public or, where it is delivered on behalf of another person, such other person shall be the first owner of the copyright therein under proviso (cc) to Section 17 of the Copyright Act, 1957.

What is provided under proviso (d) to Section 17 of the Copyright Act, 1957?

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.

What is provided under proviso (dd) to Section 17 of the Copyright Act, 1957?

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.

What is meant by “public undertaking” under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957?

“Public undertaking” means an undertaking owned or controlled by Government, a Government company as defined in section 617 of the Companies Act, 1956, or a body corporate established by or under any Central, Provincial or State Act.

Whether an undertaking owned or controlled by Government is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957?

Yes, an undertaking owned or controlled by Government is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957.

Whether a Government company as defined in section 617 of the Companies Act, 1956 is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957?

Yes, a Government company as defined in section 617 of the Companies Act, 1956 is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957.

Whether a body corporate established by or under any Central, Provincial or State Act is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957?

Yes, a body corporate established by or under any Central, Provincial or State Act is a public undertaking under the Explanation to proviso (dd) of Section 17 of the Copyright Act, 1957.

What is provided under proviso (e) to Section 17 of the Copyright Act, 1957?

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.

Who is the first owner of copyright in works covered by section 41 under proviso (e) to Section 17 of the Copyright Act, 1957?

The international organisation concerned shall be the first owner of the copyright in works covered by section 41 under proviso (e) to Section 17 of the Copyright Act, 1957.

What is provided under the concluding proviso to Section 17 of the Copyright Act, 1957?

In the case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13.

Whether clauses (b) and (c) of Section 17 affect the author’s rights in works incorporated in a cinematograph work under the concluding proviso to Section 17 of the Copyright Act, 1957?

No, clauses (b) and (c) of Section 17 shall not affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13 where such work is incorporated in a cinematograph work.

What does Section 18 of the Copyright Act, 1957 deal with?

Section 18 deals with assignment of copyright.

Who may assign copyright under Section 18(1)?

The owner of copyright in an existing work or the prospective owner of copyright in a future work.

How may copyright be assigned under Section 18(1)?

Wholly or partially, generally or subject to limitations, and for the whole term of copyright or any part thereof.

When does assignment of copyright in a future work take effect under the first proviso to Section 18(1)?

Only when the work comes into existence.

What restriction is imposed by the second proviso to Section 18(1)?

Assignment shall not apply to any medium or mode of exploitation not existing or not in commercial use at the time of assignment unless specifically referred to.

What rights of authors of literary or musical works in cinematograph films are protected under the third proviso to Section 18(1)?

The right to receive equal share of royalties for utilisation of the work other than communication to the public along with the film in a cinema hall cannot be assigned or waived except to legal heirs or copyright society.

What rights of authors of literary or musical works in sound recordings are protected under the fourth proviso to Section 18(1)?

The right to receive equal share of royalties for utilisation of the work cannot be assigned or waived except to legal heirs or collecting society and any contrary assignment is void.

What is the effect of assignment under Section 18(2)?

The assignee shall be treated as owner of copyright in respect of assigned rights and the assignor in respect of rights not assigned.

Who is included in the expression “assignee” under Section 18(3)?

Legal representatives of the assignee where the assignee dies before the future work comes into existence.

What does Section 19 of the Copyright Act, 1957 deal with?

Section 19 deals with the mode of assignment.

What does Section 19(1) provide regarding validity of assignment of copyright?

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.

What does Section 19(2) require regarding identification of the work in assignment of copyright?

The assignment of copyright in any work shall identify such work.

What does Section 19(2) require regarding rights assigned in assignment of copyright?

The assignment of copyright in any work shall specify the rights assigned.

What does Section 19(2) require regarding duration of assignment?

The assignment of copyright in any work shall specify the duration of such assignment.

What does Section 19(2) require regarding territorial extent of assignment?

The assignment of copyright in any work shall specify the territorial extent of such assignment.

What does Section 19(3) require regarding royalty and consideration in assignment of copyright?

The assignment of copyright in any work shall specify the amount of royalty and any other consideration payable to the author or his legal heirs during the currency of the assignment.

What does Section 19(3) provide regarding revision, extension or termination of assignment?

The assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

What is the effect under Section 19(4) where the assignee does not exercise the rights assigned within one year from the date of assignment?

The assignment in respect of such right shall be deemed to have lapsed after the expiry of the said period.

What is the exception provided under Section 19(4) to lapse of assignment after one year?

The assignment shall not lapse if otherwise specified in the assignment.

What is the deemed period of assignment under Section 19(5) where the period of assignment is not stated?

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

What is the presumed territorial extent under Section 19(6) where territorial extent is not specified?

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

What does Section 19(7) provide regarding applicability of sub-sections (2) to (6)?

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.

When shall assignment of copyright be void under Section 19(8)?

The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.

What does Section 19(9) provide regarding assignment of copyright for making a cinematograph film?

No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable.

In which cases does the author retain right to royalties under Section 19(9)?

The author retains the right to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall.

What does Section 19(10) provide regarding assignment of copyright for making a sound recording?

No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.

What does Section 19A of the Copyright Act, 1957 deal with?

Section 19A deals with disputes with respect to assignment of copyright.

What is the subject matter of Section 19A of the Copyright Act?

Disputes with respect to assignment of copyright.

When may the Appellate Board revoke an assignment under Section 19A(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.

On whose complaint can the Appellate Board act under Section 19A(1)?

On receipt of a complaint from the assignor.

What procedure is to be followed by the Appellate Board under Section 19A(1) before revoking assignment?

The Appellate Board shall hold such inquiry as it may deem necessary.

What power does the Appellate Board have under Section 19A(1) after inquiry?

The Appellate Board may revoke such assignment.

When may the Appellate Board act under Section 19A(2)?

If any dispute arises with respect to the assignment of any copyright.

Who may file a complaint under Section 19A(2)?

The aggrieved party.

What inquiry power is conferred upon the Appellate Board under Section 19A(2)?

The Appellate Board may hold such inquiry as it considers necessary.

What orders may the Appellate Board pass under Section 19A(2)?

The Appellate Board may pass such order as it may deem fit including an order for the recovery of any royalty payable.

What restriction is imposed by the first proviso to Section 19A(2) regarding revocation of assignment?

The Appellate Board shall not pass any order 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.

What interim power is conferred upon the Appellate Board by the second proviso to Section 19A(2)?

Pending disposal of an application for revocation of assignment, the Appellate Board may pass such order as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned.

What limitation period for revocation is provided under the third proviso to Section 19A(2)?

No order of revocation of assignment under this sub-section shall be made within a period of five years from the date of such assignment.

How shall complaints received under Section 19A(2) be dealt with under Section 19A(3)?

Every complaint received under sub-section (2) shall be dealt with by the Appellate Board as far as possible.

Within what period should the Appellate Board endeavour to pass final order under Section 19A(3)?

Within a period of six months from the date of receipt of the complaint.

What must the Appellate Board do in case of delay under Section 19A(3)?

The Appellate Board shall record the reasons thereof.

What does Section 20 of the Copyright Act, 1957 deal with?

Section 20 deals with transmission of copyright in manuscript by testamentary disposition.

When does Section 20 of the Copyright Act, 1957 apply?

Section 20 applies where under a bequest 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.

What is the effect of a bequest under Section 20 of the Copyright Act, 1957?

The bequest shall 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 under Section 20 of the Copyright Act, 1957.

What is the condition regarding publication under Section 20 of the Copyright Act, 1957?

The work must not have been published before the death of the testator under Section 20 of the Copyright Act, 1957.

What is meant by “manuscript” under the Explanation to Section 20 of the Copyright Act, 1957?

“Manuscript” means the original document embodying the work whether written by hand or not under the Explanation to Section 20 of the Copyright Act, 1957.

Whether a manuscript must be written by hand under the Explanation to Section 20 of the Copyright Act, 1957?

No, a manuscript need not be written by hand under the Explanation to Section 20 of the Copyright Act, 1957.

What does Section 21 of the Copyright Act, 1957 deal with?

Section 21 deals with the right of author to relinquish copyright.

Whether the author of a work may relinquish copyright under Section 21(1) of the Copyright Act, 1957?

Yes, the author of a work may relinquish all or any of the rights comprised in the copyright in the work under Section 21(1) of the Copyright Act, 1957.

How may the author relinquish copyright under Section 21(1) of the Copyright Act, 1957?

The author may relinquish copyright by giving notice in the prescribed form to the Registrar of Copyrights or by way of public notice under Section 21(1) of the Copyright Act, 1957.

What is the duty of the Registrar of Copyrights on receipt of notice under Section 21(2) of the Copyright Act, 1957?

The Registrar of Copyrights shall cause the notice to be published in the Official Gazette and in such other manner as he may deem fit under Section 21(2) of the Copyright Act, 1957.

What is the duty of the Registrar of Copyrights under Section 21(2A) of the Copyright Act, 1957?

The Registrar of Copyrights shall within fourteen days from publication of the notice in the Official Gazette post the notice on the official website of the Copyright Office under Section 21(2A) of the Copyright Act, 1957.

Within what period must the Registrar of Copyrights post the notice on the official website under Section 21(2A) of the Copyright Act, 1957?

The Registrar of Copyrights must post the notice within fourteen days from publication of the notice in the Official Gazette under Section 21(2A) of the Copyright Act, 1957.

For what minimum period shall the notice remain in the public domain under Section 21(2A) of the Copyright Act, 1957?

The notice shall remain in the public domain for a period of not less than three years under Section 21(2A) of the Copyright Act, 1957.

Whether relinquishment affects rights already subsisting in favour of any person under Section 21(3) of the Copyright Act, 1957?

No, relinquishment of copyright shall not affect any rights subsisting in favour of any person on the date of notice referred to in Section 21(1) under Section 21(3) of the Copyright Act, 1957.

CHAPTER V

TERM OF COPYRIGHT

What does Section 22 of the Copyright Act, 1957 deal with?

Section 22 deals with the term of copyright in published literary, dramatic, musical and artistic works.

Subject to what exception does Section 22 of the Copyright Act, 1957 operate?

Section 22 operates except as otherwise hereinafter provided.

In which works does copyright subsist under Section 22 of the Copyright Act, 1957?

Copyright subsists in literary, dramatic, musical and artistic works published within the lifetime of the author under Section 22 of the Copyright Act, 1957.

What is the term of copyright under Section 22 of the Copyright Act, 1957?

Copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies under Section 22 of the Copyright Act, 1957.

From which point is the term of sixty years computed under Section 22 of the Copyright Act, 1957?

The term of sixty years is computed from the beginning of the calendar year next following the year in which the author dies under Section 22 of the Copyright Act, 1957.

What is provided under the Explanation to Section 22 of the Copyright Act, 1957?

In the case of a work of joint authorship, the reference to the author shall be construed as a reference to the author who dies last under the Explanation to Section 22 of the Copyright Act, 1957.

How is the term of copyright determined in a work of joint authorship under the Explanation to Section 22 of the Copyright Act, 1957?

In a work of joint authorship, the term of copyright is determined with reference to the author who dies last under the Explanation to Section 22 of the Copyright Act, 1957.

What does Section 23 of the Copyright Act, 1957 deal with?

Section 23 deals with the term of copyright in anonymous and pseudonymous works.

To which works does Section 23(1) of the Copyright Act, 1957 apply?

Section 23(1) applies to literary, dramatic, musical or artistic works other than photographs which are published anonymously or pseudonymously.

What is the term of copyright in anonymous or pseudonymous works under Section 23(1) of the Copyright Act, 1957?

Copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published under Section 23(1) of the Copyright Act, 1957.

From which point is the term of copyright computed in anonymous or pseudonymous works under Section 23(1) of the Copyright Act, 1957?

The term of copyright is computed from the beginning of the calendar year next following the year in which the work is first published under Section 23(1) of the Copyright Act, 1957.

Whether Section 23(1) of the Copyright Act, 1957 applies to photographs?

No, Section 23(1) of the Copyright Act, 1957 does not apply to photographs.

What is provided under the proviso to Section 23(1) of the Copyright Act, 1957?

Where the identity of the author is disclosed before expiry of the prescribed period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies under the proviso to Section 23(1) of the Copyright Act, 1957.

When does the term of copyright depend upon the death of the author under the proviso to Section 23(1) of the Copyright Act, 1957?

The term of copyright depends upon the death of the author where the identity of the author is disclosed before expiry of the prescribed period under the proviso to Section 23(1) of the Copyright Act, 1957.

From which point is the term of copyright computed where the identity of the author is disclosed under the proviso to Section 23(1) of the Copyright Act, 1957?

The term of copyright is computed from the beginning of the calendar year next following the year in which the author dies under the proviso to Section 23(1) of the Copyright Act, 1957.

What is provided under Section 18(2) of the Copyright Act?

Construction of references to the author in case of an anonymous work of joint authorship.

How shall references to the author be construed in an anonymous work of joint authorship where the identity of one author is disclosed?

As references to that author.

How shall references to the author be construed in an anonymous work of joint authorship where the identity of more than one author is disclosed?

As references to the author who dies last amongst such authors.

What is provided under Section 18(3) of the Copyright Act?

Construction of references to the author in case of a pseudonymous work of joint authorship.

How shall references to the author be construed where one or more but not all authors use pseudonyms and their identity is not disclosed?

As references to the author whose name is not a pseudonym.

How shall references to the author be construed where two or more authors in a pseudonymous joint work do not use pseudonyms?

As references to such of those authors who dies last.

How shall references to the author be construed where one or more but not all authors use pseudonyms and the identity of one or more of them is disclosed?

As references to the author who dies last amongst authors whose names are not pseudonyms and pseudonymous authors whose identity is disclosed.

How shall references to the author be construed where all authors use pseudonyms and the identity of one of them is disclosed?

As references to the author whose identity is disclosed.

How shall references to the author be construed where all authors use pseudonyms and the identity of two or more authors is disclosed?

As references to such of those authors who dies last.

When shall the identity of an author be deemed to have been disclosed for the purposes of Section 18?

When the identity is publicly disclosed by both the author and publisher or otherwise established to the satisfaction of the Appellate Board by that author.

Who must publicly disclose the identity of the author for deemed disclosure under the Explanation to Section 18?

Both the author and the publisher.

Before which authority may the identity of the author otherwise be established under the Explanation to Section 18?

Before the Appellate Board.

What is the subject matter of Section 24 of the Copyright Act?

Term of copyright in posthumous work.

To which works does Section 24(1) apply?

Literary, dramatic or musical works or engravings.

What is the condition regarding subsistence of copyright for application of Section 24(1)?

Copyright must subsist at the date of the death of the author.

In case of joint authorship, whose death is relevant under Section 24(1)?

The death of the author who dies last.

What is the publication condition for application of Section 24(1)?

The work or any adaptation thereof must not have been published before the relevant date of death.

For how long does copyright subsist in a posthumous work under Section 24(1)?

Until sixty years from the beginning of the calendar year next following the year in which the work is first published.

From which point is the sixty-year term calculated where the work is first published after the author's death?

From the beginning of the calendar year next following the year of first publication.

How is the term of copyright calculated where an adaptation of the posthumous work is published earlier than the original work?

From the beginning of the calendar year next following the year in which the adaptation is first published.

What is deemed publication of a literary, dramatic or musical work under Section 24(2)?

Performance in public of the work.

Whether sale of sound recordings made in respect of the work amounts to publication under Section 24(2)?

Yes, if sold to the public.

Whether offering sound recordings for sale to the public amounts to publication under Section 24(2)?

Yes.

What is deemed publication of an adaptation of a literary, dramatic or musical work under Section 24(2)?

Performance in public or sale or offer for sale of sound recordings made in respect of the adaptation.

What is the subject matter of Section 26 of the Copyright Act?

Term of copyright in cinematograph films.

To which work does Section 26 apply?

Cinematograph films.

For how long does copyright subsist in a cinematograph film under Section 26?

Until sixty years from the beginning of the calendar year next following the year in which the film is published.

From which point is the term of copyright in a cinematograph film calculated?

From the beginning of the calendar year next following the year in which the film is published.

What is the subject matter of Section 27 of the Copyright Act?

Term of copyright in sound recording.

To which work does Section 27 apply?

Sound recordings.

For how long does copyright subsist in a sound recording under Section 27?

Until sixty years from the beginning of the calendar year next following the year in which the sound recording is published.

From which point is the term of copyright in a sound recording calculated?

From the beginning of the calendar year next following the year in which the sound recording is published.

What is the subject matter of Section 28 of the Copyright Act?

Term of copyright in Government works.

What is the condition for application of Section 28?

Government must be the first owner of the copyright in the work.

For how long does copyright subsist in a Government work under Section 28?

Until sixty years from the beginning of the calendar year next following the year in which the work is first published.

From which point is the term of copyright in a Government work calculated?

From the beginning of the calendar year next following the year in which the work is first published.

What is the subject matter of Section 28A of the Copyright Act?

Term of copyright in works of public undertakings.

What is the condition for application of Section 28A?

The public undertaking must be the first owner of the copyright in the work.

For how long does copyright subsist in a work of a public undertaking under Section 28A?

Until sixty years from the beginning of the calendar year next following the year in which the work is first published.

From which point is the term of copyright in a work of a public undertaking calculated?

From the beginning of the calendar year next following the year in which the work is first published.

What is the subject matter of Section 29 of the Copyright Act?

Term of copyright in works of international organisations.

To which works does Section 29 apply?

Works of international organisations to which Section 41 applies.

For how long does copyright subsist in works of international organisations under Section 29?

Until sixty years from the beginning of the calendar year next following the year in which the work is first published.

From which point is the term of copyright in works of international organisations calculated?

From the beginning of the calendar year next following the year in which the work is first published.

CHAPTER VI

LICENCES

What is the subject matter of Section 30 of the Copyright Act?

Licences by owners of copyright.

Who may grant a licence under Section 30?

The owner of the copyright in any existing work or the prospective owner of the copyright in any future work.

In respect of what may a licence be granted under Section 30?

Any interest in the right.

In what form must a licence under Section 30 be granted?

In writing by the owner or by his duly authorised agent.

Who may grant a licence on behalf of the owner under Section 30?

His duly authorised agent.

When does a licence relating to copyright in a future work take effect?

Only when the work comes into existence.

What happens if the licensee of a future work dies before the work comes into existence?

His legal representatives shall be entitled to the benefit of the licence.

What is the condition for legal representatives to obtain the benefit of a licence relating to a future work?

There must be no provision to the contrary in the licence.

What is the subject matter of Section 30A of the Copyright Act?

Application of sections 19 and 19A to licences under section 30.

Which provisions apply to licences under Section 30 by virtue of Section 30A?

Sections 19 and 19A.

How do sections 19 and 19A apply to licences under Section 30?

With necessary adaptations and modifications.

To what are the provisions of sections 19 and 19A applied under Section 30A?

To a licence under section 30.

In relation to what do sections 19 and 19A originally apply as referred to in Section 30A?

Assignment of copyright in a work.

What is the subject matter of Section 31 of the Copyright Act?

Compulsory licence in works withheld from public.

When can a complaint be made under Section 31(1)?

At any time during the term of copyright in any work which has been published or performed in public.

Before which authority is a complaint under Section 31(1) made?

The Appellate Board.

Against whom can a complaint under Section 31(1) be made?

Against the owner of copyright in the work.

What refusal by the copyright owner constitutes a ground for complaint under Section 31(1)(a)?

Refusal to republish or allow republication of the work or refusal to allow performance in public of the work.

What is the effect required under Section 31(1)(a) for grant of compulsory licence?

The work is withheld from the public by reason of such refusal.

What refusal constitutes a ground for complaint under Section 31(1)(b)?

Refusal to allow communication to the public by broadcast of the work.

What additional refusal relating to sound recordings is covered under Section 31(1)(b)?

Refusal to allow communication to the public by broadcast of the work recorded in the sound recording.

On what basis may a complainant challenge refusal under Section 31(1)(b)?

On terms which the complainant considers reasonable.

What opportunity must be given to the copyright owner before action under Section 31(1)?

A reasonable opportunity of being heard.

What may the Appellate Board do after hearing the copyright owner under Section 31(1)?

Hold such inquiry as it may deem necessary.

When may the Appellate Board direct grant of a compulsory licence under Section 31(1)?

When it is satisfied that the grounds for refusal are not reasonable.

What direction may the Appellate Board issue under Section 31(1)?

Direct the Registrar of Copyrights to grant a licence to the complainant.

For what purposes may a compulsory licence be granted under Section 31(1)?

To republish the work, perform the work in public or communicate the work to the public by broadcast.

What payment condition may be imposed while granting a compulsory licence under Section 31(1)?

Payment of compensation to the owner of the copyright.

Who determines the compensation payable under Section 31(1)?

The Appellate Board.

Whether the Appellate Board may impose terms and conditions while granting a compulsory licence under Section 31(1)?

Yes.

Who grants the licence after direction by the Appellate Board under Section 31(1)?

The Registrar of Copyrights.

To whom shall the Registrar of Copyrights grant the licence under Section 31(1)?

To such person or persons who, in the opinion of the Appellate Board, is or are qualified to do so.

In accordance with whose directions is the compulsory licence granted under Section 31(1)?

The directions of the Appellate Board.

What fee requirement applies for grant of licence under Section 31(1)?

Payment of such fee as may be prescribed.

What is the subject matter of Section 31A?

Compulsory licence in unpublished or published works.

Who may apply for a compulsory licence under Section 31A(1)?

Any person.

When may an application for compulsory licence be made under Section 31A(1)?

Where the author is dead, unknown or cannot be traced, or the owner of copyright cannot be found and the work is withheld from the public in India.

For what purpose may a licence be granted under Section 31A(1)?

To publish or communicate to the public the work or a translation thereof in any language.

To whom is the application for compulsory licence made under Section 31A(1)?

The Appellate Board.

What publication is required before making an application under Section 31A(2)?

Publication of the proposal in one issue of a daily English newspaper having circulation in the major part of the country and, for translation, also in one issue of a daily newspaper in that language.

What are the requirements of an application under Section 31A(3)?

It shall be in prescribed form and accompanied by a copy of the advertisement and prescribed fee.

What powers does the Appellate Board have under Section 31A(4)?

After prescribed inquiry, it may direct the Registrar of Copyrights to grant a licence to publish the work or translation subject to royalty and other terms and conditions determined by it.

What is the duty of the Registrar of Copyrights under Section 31A(4)?

To grant the licence in accordance with the direction of the Appellate Board.

What power does the Registrar of Copyrights have under Section 31A(5)?

He may direct deposit of royalty determined by the Appellate Board in the public account of India or any other specified account.

For whose benefit is royalty deposited under Section 31A(5)?

For the owner of copyright or his heirs, executors or legal representatives.

What power does the Central Government have under Section 31A(6)?

In national interest, it may require heirs, executors or legal representatives of a deceased author to publish the work within the specified period.

What may the Appellate Board do under Section 31A(7) if the work is not published within the period specified by the Central Government?

It may permit publication of the work on application by any person after hearing the parties concerned and on payment of royalty determined in the prescribed manner.

What is the subject matter of Section 31B?

Compulsory licence for benefit of disabled.

Who may apply for compulsory licence under Section 31B(1)?

Any person working for the benefit of persons with disability on a profit basis or for business.

For what purpose may a compulsory licence be granted under Section 31B(1)?

To publish any work in which copyright subsists for the benefit of persons with disability.

When does Section 31B(1) apply?

In a case to which Section 52(1)(zb) does not apply.

Within what period shall the Appellate Board dispose of an application under Section 31B(1)?

Within two months from receipt of the application.

What inquiry may the Appellate Board conduct under Section 31B(2)?

Inquiry to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.

When may the Appellate Board direct grant of compulsory licence under Section 31B(3)?

When after hearing the owners of rights and necessary inquiry it is satisfied that a compulsory licence is needed to make the work available to the disabled.

What shall every compulsory licence under Section 31B(4) specify?

The means and format of publication, period of licence, number of copies that may be issued and rate of royalty.

What power does the Appellate Board have under the proviso to Section 31B(4)?

It may extend the period of compulsory licence and allow issue of more copies after giving reasonable opportunity to the owners of rights

What is the subject matter of Section 31C?

Statutory licence for cover versions.

When may a person make a cover version under Section 31C(1)?

Where sound recordings of a literary, dramatic or musical work have been made by or with the licence or consent of the owner of rights.

What is the condition regarding medium of recording under the proviso to Section 31C(1)?

The cover version shall be in the same medium as the last recording unless that medium is no longer in current commercial use.

What are the requirements under Section 31C(2) for making cover versions?

Prior notice, advance copies of covers or labels and advance payment of royalty at the rate fixed by the Appellate Board.

What restrictions are imposed under the proviso to Section 31C(2)?

Packaging or labels shall not mislead the public, contain the name or depiction of earlier performers or films, and must state that it is a cover version made under this section.

What alteration is prohibited under Section 31C(3)?

Alteration in the literary or musical work not previously made with consent of the owner or not technically necessary for making the recording.

When can cover versions be made under the proviso to Section 31C(3)?

Only after expiry of five calendar years from the end of the year in which the first sound recording was made.

What is the minimum royalty payable under Section 31C(4)?

Royalty for a minimum of fifty thousand copies of each work during each calendar year.

What power does the Appellate Board have under the proviso to Section 31C(4)?

It may fix a lower minimum royalty for works in a particular language or dialect having regard to their potential circulation.

What obligations are imposed under Section 31C(5) on a person making cover versions?

He shall maintain prescribed registers and books of account including details of existing stock and allow inspection by the owner of rights or his authorised representative.

What power does the Appellate Board have under the proviso to Section 31C(5)?

On a prima facie genuine complaint of non-payment of royalty, it may by ex parte order direct stoppage of further copies and after inquiry pass further orders including payment of royalty.

What is the meaning of “cover version” under the Explanation to Section 31C?

A sound recording made in accordance with this section.

What is the subject matter of Section 31D?

Statutory licence for broadcasting of literary and musical works and sound recording.

Who may communicate literary or musical works and sound recordings to the public under Section 31D(1)?

Any broadcasting organisation desirous of broadcasting or performing a published literary or musical work and sound recording.

What are the requirements under Section 31D(2)?

Prior notice stating duration and territorial coverage of broadcast and payment of royalty at the rate fixed by the Appellate Board.

How are royalty rates fixed under Section 31D(3)?

Separate rates shall be fixed for radio broadcasting and television broadcasting.

What power does the Appellate Board have under Section 31D(4)?

It may require advance payment of royalty to the owners of rights.

What announcement is required under Section 31D(5)?

Names of authors and principal performers shall be announced with the broadcast except where the work is communicated by way of performance.

What alteration is prohibited under Section 31D(6)?

Any fresh alteration in literary or musical work not technically necessary for broadcasting without consent of owners of rights.

What obligations are imposed on broadcasting organisations under Section 31D(7)?

Maintenance of records and books of account, rendering reports and allowing inspection by owners of rights or their authorised representatives.

What is the effect of Section 31D(8)?

It does not affect licences issued or agreements entered into before commencement of the Copyright (Amendment) Act, 2012.

What is the subject matter of Section 32?

Licence to produce and publish translations.

When may a person apply for licence to produce and publish translation under Section 32(1)?

After seven years from the first publication of a literary or dramatic work.

What special provision is made under Section 32(1A)?

Any person may apply after three years for translation of a non-Indian literary or dramatic work for purposes of teaching, scholarship or research in a language in general use in India.

When can application under the proviso to Section 32(1A) be made after one year?

Where the translation is in a language not in general use in any developed country.

What are the requirements of an application under Section 32(2) and (3)?

It shall be in prescribed form, state the proposed retail price and be accompanied by prescribed fee deposited with the Registrar of Copyrights.

What power does the Appellate Board have under Section 32(4)?

After prescribed inquiry, it may grant a non-exclusive licence to produce and publish translation of the work in the language mentioned in the application.

When is export of translated copies permitted under the proviso to Section 32?

When copies in languages other than English, French or Spanish are exported by Government or its authority to Indian citizens or associations abroad or for teaching, scholarship or research with permission of that country.

When shall no licence under Section 32 be granted under clause (a) of the proviso?

Unless translation has not been published within the prescribed period or, if published, is out of print.

What must the applicant prove under clause (b) of the proviso to Section 32?

That authorisation was requested and denied by the owner of copyright or that despite due diligence the owner could not be found.

What is required where the owner of copyright cannot be found under clause (c) of the proviso to Section 32?

A copy of request for authorisation must be sent by registered air mail to the publisher not less than two months before the application.

What waiting period is prescribed under clause (cc) of the proviso to Section 32?

Six months for applications under Section 32(1A) and nine months for applications under the proviso thereto.

What conditions apply to applications under Section 32(1A) under clause (ccc)?

Name of the author and title of the edition must be printed on all copies and Section 32A must be complied with where the work mainly consists of illustrations.

What additional conditions are required for grant of licence under clauses (d) to (f) of Section 32(4)?

The Appellate Board must be satisfied about competence and means of the applicant, the author must not have withdrawn the work from circulation, and opportunity of hearing must be given to the copyright owner wherever practicable.

Who may apply for licence under Section 32(5)?

Any broadcasting authority for translation of specified works for teaching or dissemination of specialised, technical or scientific research.

What conditions are required for grant of licence under Section 32(6)?

The work must be lawfully acquired, broadcast through sound and visual recordings, recording lawfully and exclusively made for broadcasting in India, and translation and broadcast not used for commercial purposes.

What is meant by “developed country” and “developing country” under the Explanation to Section 32?

A developed country is one which is not a developing country, and developing country is one regarded as such by practice of the UN General Assembly.

What is excluded from “purposes of research” under the Explanation to Section 32?

Industrial research or research by non-government corporate bodies or associations for commercial purposes.

What is included in “purposes of teaching, research or scholarship” under the Explanation to Section 32?

Instructional activities in educational institutions and all other organised educational activities.

What is the subject matter of Section 32A?

Licence to reproduce and publish works for certain purposes.

When may an application for licence be made under Section 32A(1)?

Where after expiry of the relevant period copies are not made available in India or have not been put on sale for six months at a reasonably related price.

For what purpose may a licence under Section 32A(1) be granted?

To reproduce and publish the work in printed or analogous forms for systematic instructional activities.

What are the requirements of an application under Section 32A(2) and (3)?

It shall be in prescribed form, state the proposed retail price and be accompanied by prescribed fee deposited with the Registrar of Copyrights.

What power does the Appellate Board have under Section 32(4) of the Copyright Act?

To grant a non-exclusive licence to produce and publish a reproduction of the work mentioned in the application.

What type of licence may be granted under Section 32(4)?

A licence not being an exclusive licence.

What inquiry may the Appellate Board conduct before granting a licence under Section 32(4)?

Such inquiry as may be prescribed.

For what purpose may a licence under Section 32(4) be granted?

To produce and publish a reproduction of the work mentioned in the application.

What royalty obligation is imposed on the applicant under Section 32(4)(i)?

Payment of royalties to the owner of copyright in respect of copies sold to the public.

Who determines the rate of royalties under Section 32(4)(i)?

The Appellate Board.

How are royalties under Section 32(4)(i) calculated?

At such rate as the Appellate Board may determine in the prescribed manner.

Whether a licence granted under Section 32(4) extends to export outside India?

No.

What notice must every copy reproduced under Section 32(4) contain?

A notice that the copy is available for distribution only in India.

What must the applicant prove under Section 32(4)(a) before grant of licence?

That he requested and was denied authorisation by the copyright owner or was unable to find such owner after due diligence.

What standard of effort is required where the applicant cannot find the copyright owner under Section 32(4)(a)?

Due diligence on the part of the applicant.

What additional step is required where the applicant cannot find the copyright owner under Section 32(4)(b)?

Sending a copy of the request for authorisation by registered air-mail post to the publisher.

To whom must the request under Section 32(4)(b) be sent?

To the publisher whose name appears from the work.

How long before the application must the request under Section 32(4)(b) be sent?

Not less than three months before the application for the licence.

What satisfaction regarding competence is required under Section 32(4)(c)?

The Appellate Board must be satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work.

What financial capacity must the applicant possess under Section 32(4)(c)?

Means to pay the owner of copyright the royalties payable under the section.

What undertaking regarding price must the applicant give under Section 32(4)(d)?

To reproduce and publish the work at such price as may be fixed by the Appellate Board.

How should the price fixed under Section 32(4)(d) be determined?

It should be reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects.

What is the waiting period for applications relating to works of natural science, physical science, mathematics or technology under Section 32(4)(e)?

Six months from the date of making the request.

What is the waiting period for applications relating to other works under Section 32(4)(e)?

Three months from the date of making the request.

From which date is the waiting period under Section 32(4)(e) calculated where a copy of the request is sent under clause (b)?

From the date of sending the copy.

What condition regarding publication must exist after expiry of the waiting period under Section 32(4)(e)?

No reproduction of the work must have been published by the owner or authorised person within the prescribed period.

What particulars must be printed on all copies of reproduction under Section 32(4)(f)?

The name of the author and the title of the particular edition proposed to be reproduced.

What condition relating to circulation of copies is provided under Section 32(4)(g)?

The author must not have withdrawn copies of the work from circulation.

What hearing requirement is provided under Section 32(4)(h)?

An opportunity of being heard shall be given, wherever practicable, to the owner of copyright in the work.

What condition must be satisfied before grant of licence to reproduce and publish a translation under Section 32(5)?

The translation must have been published by the owner of the right of translation or a person authorised by him.

What additional condition is required under Section 32(5) for grant of licence relating to translation?

The translation must not be in a language in general use in India.

To what additional works do the provisions of Section 32 apply under Section 32(6)?

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 systematic instructional activities.

For what purpose must audio-visual fixations be prepared and published under Section 32(6)?

Solely for the purpose of systematic instructional activities.

What is meant by “relevant period” under the Explanation to Section 32?

The period specified according to the nature of the work from the date of its first publication.

What is the relevant period for works of or relating to fiction, poetry, drama, music or art under Section 32 Explanation clause (a)?

Seven years from the date of first publication of the work.

What is the relevant period for works of or relating to natural science, physical science, mathematics or technology under Section 32 Explanation clause (b)?

Three years from the date of first publication of the work.

What is the relevant period in cases not covered under clauses (a) and (b) of the Explanation to Section 32?

Five years from the date of first publication of the work.

What is the subject matter of Section 32B of the Copyright Act?

Termination of licences issued under this Chapter.

When shall a licence granted under Section 32(1A) be terminated under Section 32B(1)?

When the copyright owner or authorised person publishes a substantially similar translation in the same language at a reasonably related price.

To what licence does Section 32B(1) apply?

A licence to produce and publish the translation of a work in any language under Section 32(1A).

What is meant by “licensed work” under Section 32B(1)?

The work in respect of which licence to produce and publish translation has been granted under Section 32(1A).

What similarity in content is required for termination under Section 32B(1)?

The translation published must be substantially the same in content.

What pricing condition must be satisfied for termination under Section 32B(1)?

The translation must be priced reasonably in relation to translations of works of the same standard on the same or similar subject in India.

Who may publish the translation leading to termination under Section 32B(1)?

The owner of copyright in the work or any person authorised by him.

When does termination under Section 32B(1) take effect?

After expiry of three months from service of notice in the prescribed manner.

Who must serve notice for termination under Section 32B(1)?

The owner of the right of translation.

To whom must notice under Section 32B(1) be served?

The person holding the licence.

What must the notice under Section 32B(1) intimate?

Publication of the translation by the owner or authorised person.

Whether copies produced before termination under Section 32B(1) may continue to be sold?

Yes, until the copies already produced and published are exhausted.

When shall a licence granted under Section 32A be terminated under Section 32B(2)?

When the owner of the right of reproduction or authorised person sells or distributes substantially similar copies or translation at a reasonably related price.

To what licences does Section 32B(2) apply?

Licences to produce and publish reproduction or translation of any work under Section 32A.

What similarity in content is required for termination under Section 32B(2)?

The work or translation sold or distributed must be substantially the same in content.

What pricing condition applies for termination under Section 32B(2)?

The copies must be sold at a price reasonably related to works of the same standard on the same or similar subject in India.

Who may sell or distribute copies causing termination under Section 32B(2)?

The owner of the right of reproduction or any person authorised by him.

When does termination under Section 32B(2) take effect?

After expiry of three months from service of notice in the prescribed manner.

Who must serve notice under Section 32B(2)?

The owner of the right of reproduction.

What must the notice under Section 32B(2) intimate?

Sale or distribution of copies of the edition of the work.

Whether copies already reproduced before termination under Section 32B(2) may continue to be sold or distributed?

Yes, until the copies already produced are exhausted.

CHAPTER VII

COPYRIGHT SOCIETIES

What is the subject matter of Section 33 of the Copyright Act?

Registration of Copyright society.

What restriction is imposed under Section 33(1) after commencement of the Copyright (Amendment) Act, 1994?

No person or association of persons shall commence or carry on the business of issuing or granting licences except in accordance with registration under sub-section (3).

In respect of what rights does Section 33(1) regulate licensing business?

Works in which copyright subsists or any other rights conferred by the Act.

Under which provision must registration be obtained for carrying on licensing business under Section 33(1)?

Under sub-section (3).

Whether an owner of copyright can grant licences in his individual capacity under the first proviso to Section 33(1)?

Yes.

What limitation applies to an owner's right to grant licences under the first proviso to Section 33(1)?

It must be consistent with his obligations as a member of the registered copyright society.

Through whom must the business of issuing or granting licences in literary, dramatic, musical and artistic works incorporated in cinematograph films or sound recordings be carried out?

Only through a copyright society duly registered under the Act.

To which categories of works does the second proviso to Section 33(1) apply?

Literary, dramatic, musical and artistic works incorporated in cinematograph films or sound recordings.

What is the status of a performing rights society functioning before commencement of the Copyright (Amendment) Act, 1994?

It shall be deemed to be a copyright society for the purposes of this Chapter.

Under which condition is a performing rights society deemed to be a copyright society under Section 33(1)?

It must have been functioning in accordance with Section 33 immediately before commencement of the Copyright (Amendment) Act, 1994.

Within what period must an existing performing rights society get itself registered under Section 33(1)?

Within one year from the commencement of the Copyright (Amendment) Act, 1994.

Who may apply for permission to carry on licensing business under Section 33(2) of the Copyright Act?

Any association of persons fulfilling prescribed conditions.

To whom must an application under Section 33(2) be made?

To the Registrar of Copyrights.

What is the duty of the Registrar of Copyrights upon receiving an application under Section 33(2)?

To submit the application to the Central Government.

What factors must the Central Government consider before registering a copyright society under Section 33(3)?

Interests of authors and other owners of rights, interest and convenience of the public, interests of persons likely to seek licences, and the ability and professional competence of the applicants.

What power does the Central Government have under Section 33(3)?

To register an association of persons as a copyright society.

Whether the registration under Section 33(3) may be subject to conditions?

Yes, subject to prescribed conditions.

Whose interests must be considered by the Central Government under Section 33(3)?

Authors and other owners of rights under the Act.

What public interest consideration is specifically mentioned under Section 33(3)?

The interest and convenience of groups of persons most likely to seek licences.

What applicant-related factor must be considered under Section 33(3)?

Ability and professional competence of the applicants.

What limitation is imposed under the proviso to Section 33(3)?

The Central Government shall not ordinarily register more than one copyright society for the same class of works.

For what period is registration granted to a copyright society under Section 33(3A)?

Five years.

Whether registration under Section 33(3A) may be renewed?

Yes, from time to time before the end of every five years.

In what form must renewal be requested under Section 33(3A)?

In the prescribed form.

What report must the Central Government consider before renewal under Section 33(3A)?

The report of the Registrar of Copyright on the working of the copyright society under Section 36.

What condition regarding collective control applies for renewal under the first proviso to Section 33(3A)?

Continued collective control of the copyright society must be shared with authors of works.

In what capacity must authors share collective control under the first proviso to Section 33(3A)?

In their capacity as owners of copyrights or of the right to receive royalty.

What obligation is imposed on copyright societies registered before the Copyright (Amendment) Act, 2012 under the second proviso to Section 33(3A)?

They must get themselves registered under this Chapter.

Within what period must previously registered copyright societies obtain registration under the second proviso to Section 33(3A)?

Within one year from the commencement of the Copyright (Amendment) Act, 2012.

When may the Central Government cancel the registration of a copyright society under Section 33(4) of the Copyright Act?

When it is satisfied that the society is being managed in a manner detrimental to the interests of authors and other owners of rights concerned.

What inquiry requirement is prescribed before cancellation under Section 33(4)?

Such inquiry as may be prescribed.

Who has the power to cancel registration of a copyright society under Section 33(4)?

The Central Government.

Whose interests are protected under Section 33(4)?

Authors and other owners of rights concerned.

When may the Central Government suspend the registration of a copyright society under Section 33(5)?

When it considers it necessary in the interests of authors and other owners of rights concerned or for specified non-compliances.

What statutory non-compliances may lead to suspension under Section 33(5)?

Non-compliance of Section 33A, sub-section (3) of Section 35, or Section 36.

What additional ground relating to organisational changes may lead to suspension under Section 33(5)?

Carrying out changes in the instrument establishing or incorporating the copyright society without prior notice to the Central Government.

Whether suspension under Section 33(5) is pending inquiry?

Yes.

Under which provision is the inquiry contemplated in Section 33(5)?

Sub-section (4).

What is the maximum period for which registration may be suspended under Section 33(5)?

One year.

Who appoints the administrator under Section 33(5)?

The Central Government.

What is the function of the administrator appointed under Section 33(5)?

To discharge the functions of the copyright society.

What is the subject matter of Section 33A of the Copyright Act?

Tariff scheme by copyright societies.

What is the duty of every copyright society under Section 33A(1)?

To publish its tariff scheme.

In what manner must the tariff scheme be published under Section 33A(1)?

In such manner as may be prescribed.

Who may appeal against the tariff scheme under Section 33A(2)?

Any person aggrieved by the tariff scheme.

Before which authority may an appeal against the tariff scheme be filed under Section 33A(2)?

The Appellate Board.

What inquiry may the Appellate Board conduct under Section 33A(2)?

Such inquiry as it may consider necessary.

What power does the Appellate Board have regarding tariff schemes under Section 33A(2)?

To make orders to remove any unreasonable element, anomaly or inconsistency in the tariff scheme.

What must the aggrieved person pay before filing an appeal under the first proviso to Section 33A(2)?

Any prescribed fee that has fallen due to the copyright society.

Whether the aggrieved person must continue payment of fees during pendency of appeal under Section 33A(2)?

Yes.

Whether the Appellate Board can stay collection of fees pending disposal of appeal under Section 33A(2)?

No.

What interim power does the Appellate Board have under the second proviso to Section 33A(2)?

To fix an interim tariff after hearing the parties.

What direction may the Appellate Board issue after fixing interim tariff under Section 33A(2)?

To direct the aggrieved parties to make payment accordingly pending disposal of the appeal.

What is the subject matter of Section 34 of the Copyright Act?

Administration of rights of owner by copyright society.

Subject to what are the provisions of Section 34(1) applicable?

Such conditions as may be prescribed.

What authorisation may a copyright society accept under Section 34(1)(a)?

Exclusive authorisation to administer any right in any work.

From whom may a copyright society accept authorisation under Section 34(1)(a)?

From an author and other owners of right.

By what means may a copyright society administer rights under Section 34(1)(a)?

By issue of licences or collection of licence fees or both.

What right is conferred upon authors and other owners of right under Section 34(1)(b)?

The right to withdraw the authorisation.

Whether withdrawal of authorisation under Section 34(1)(b) affects rights of the copyright society under any contract?

No.

What agreements may a copyright society enter into under Section 34(2)?

Agreements with foreign societies or organisations administering corresponding rights.

What rights may be entrusted to a foreign society or organisation under Section 34(2)?

Administration in a foreign country of rights administered by the copyright society in India.

What rights may a foreign society or organisation administer in India under Section 34(2)?

Rights administered in a foreign country by such foreign society or organisation.

What restriction is imposed under the proviso to Section 34(2)?

No discrimination shall be permitted between rights in Indian and other works regarding licence terms or distribution of fees.

In what matters is discrimination prohibited under the proviso to Section 34(2)?

Terms of licence and distribution of fees collected.

Subject to what are the powers under Section 34(3) exercisable?

Such conditions as may be prescribed.

What licences may a copyright society issue under Section 34(3)(i)?

Licences under Section 30 in respect of rights under the Act.

What fees may a copyright society collect under Section 34(3)(ii)?

Fees in pursuance of licences issued.

Among whom may fees be distributed under Section 34(3)(iii)?

Among authors and other owners of right.

What deduction may a copyright society make before distribution of fees under Section 34(3)(iii)?

Deduction for its own expenses.

What additional functions may a copyright society perform under Section 34(3)(iv)?

Functions consistent with the provisions of Section 35.

What was the subject matter of Section 34A of the Copyright Act before omission?

Payment of remunerations by copyright society.

By which Act was Section 34A omitted?

The Copyright (Amendment) Act, 2012.

What is the subject matter of Section 35 of the Copyright Act?

Control over the copyright society by the author and other owners of right.

To whose collective control is every copyright society subject under Section 35(1)?

The owners of rights under the Act whose rights it administers.

Which rights are excluded from collective control under Section 35(1)?

Rights administered by a foreign society or organisation referred to in Section 34(2).

What approval must a copyright society obtain under Section 35(1)(a)?

Approval of owners of rights for its procedures of collection and distribution of fees.

What approval is required under Section 35(1)(b)?

Approval for utilisation of amounts collected as fees for purposes other than distribution to owners of rights.

What information must a copyright society provide under Section 35(1)(c)?

Regular, full and detailed information concerning all its activities relating to administration of rights.

To whom must information under Section 35(1)(c) be provided?

To the owners of rights.

How must fees be distributed under Section 35(2)?

As far as may be, in proportion to the actual use of the works.

Among whom are fees distributed under Section 35(2)?

Among authors and other owners of right.

What governing requirement is imposed under Section 35(3)?

Every copyright society shall have a governing body.

From whom must the governing body under Section 35(3) be elected?

From among the members of the society.

What composition must the governing body under Section 35(3) have?

Equal number of authors and owners of work.

For what purpose is the governing body constituted under Section 35(3)?

For administration of the society.

Who specifies the number of persons in the governing body under Section 35(3)?

As may be specified.

What membership rights are guaranteed under Section 35(4)?

Equal membership rights to all members of the copyright society.

What discrimination is prohibited under Section 35(4)?

Discrimination between authors and owners of rights in distribution of royalties.

What is the subject matter of Section 36 of the Copyright Act?

Submission of returns and reports.

To whom must every copyright society submit returns under Section 36(1)?

To the Registrar of Copyrights.

What type of returns must be submitted under Section 36(1)?

Such returns as may be prescribed.

Who may call for reports under Section 36(2)?

Any officer duly authorised by the Central Government.

What may an authorised officer call for under Section 36(2)?

Any report and any records of a copyright society.

For what purpose may reports and records be called under Section 36(2)?

To satisfy himself that fees collected are being utilised or distributed in accordance with the Act.

In respect of what rights must utilisation or distribution of fees be examined under Section 36(2)?

Rights administered by the copyright society.

What is the subject matter of Section 36A of the Copyright Act?

Rights and liabilities of performing rights societies.

Whether Chapter VII affects accrued rights or incurred liabilities connected with a copyright society before commencement of the Copyright (Amendment) Act, 2012?

No.

To what period do the protected rights and liabilities under Section 36A relate?

On or before the day prior to the commencement of the Copyright (Amendment) Act, 2012.

Whether pending legal proceedings relating to such rights or liabilities are affected under Section 36A?

No.

What proceedings are protected under Section 36A?

Legal proceedings pending on the day prior to commencement of the Copyright (Amendment) Act, 2012.

CHAPTER VIII

RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS

What is the subject matter of Section 37 of the Copyright Act?

Broadcast reproduction right.

Who is entitled to broadcast reproduction right under Section 37(1)?

Every broadcasting organisation.

What is the special right conferred under Section 37(1)?

Broadcast reproduction right.

In respect of what is broadcast reproduction right granted under Section 37(1)?

In respect of broadcasts.

For how long does broadcast reproduction right subsist under Section 37(2)?

Twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

From which point is the term of broadcast reproduction right calculated under Section 37(2)?

From the beginning of the calendar year next following the year in which the broadcast is made.

What is the condition for infringement under Section 37(3)?

Doing specified acts without the licence of the owner of the right during continuance of broadcast reproduction right.

Whether re-broadcasting a broadcast without licence amounts to infringement under Section 37(3)(a)?

Yes.

Whether causing a broadcast to be heard or seen by the public on payment of charges without licence amounts to infringement under Section 37(3)(b)?

Yes.

Whether making sound or visual recording of a broadcast without licence amounts to infringement under Section 37(3)(c)?

Yes.

Whether reproduction of unauthorised sound or visual recordings amounts to infringement under Section 37(3)(d)?

Yes.

Whether reproduction of licensed recordings for purposes not envisaged by the licence amounts to infringement under Section 37(3)(d)?

Yes.

Whether sale of sound or visual recordings referred to in clauses (c) or (d) amounts to infringement under Section 37(3)(e)?

Yes, if done without licence.

Whether giving on commercial rental sound or visual recordings referred to in clauses (c) or (d) amounts to infringement under Section 37(3)(e)?

Yes, if done without licence.

Whether offering for sale or commercial rental sound or visual recordings referred to in clauses (c) or (d) amounts to infringement under Section 37(3)(e)?

Yes, if done without licence.

What is the subject matter of Section 38 of the Copyright Act?

Performer’s right.

Who is entitled to performer’s right under Section 38(1)?

Any performer who appears or engages in any performance.

What special right is conferred under Section 38(1)?

Performer’s right.

In relation to what is performer’s right granted under Section 38(1)?

In relation to the performance.

For how long does performer’s right subsist under Section 38(2)?

Fifty years from the beginning of the calendar year next following the year in which the performance is made.

From which point is the term of performer’s right calculated under Section 38(2)?

From the beginning of the calendar year next following the year in which the performance is made.

What is the subject matter of Section 38A of the Copyright Act?

Exclusive right of performers.

Whether performer’s right under Section 38A(1) is exclusive?

Yes.

Whether performer’s right under Section 38A(1) affects rights conferred on authors?

No, it is without prejudice to the rights conferred on authors.

Subject to what is the performer’s exclusive right under Section 38A(1)?

The provisions of the Act.

What rights does a performer have under Section 38A(1)?

To do or authorise doing specified acts in respect of the performance or any substantial part thereof.

What right relating to recording is conferred under Section 38A(1)(a)?

The right to make a sound recording or visual recording of the performance.

What does reproduction under Section 38A(1)(a)(i) include?

Reproduction in any material form including storing in any medium by electronic or other means.

What does issuance of copies under Section 38A(1)(a)(ii) include?

Issuance of copies in any material form including storing in any medium by electronic or other means.

What communication right is conferred under Section 38A(1)(a)(iii)?

Communication of the performance to the public.

What commercial right is conferred under Section 38A(1)(a)(iv)?

Selling, giving on commercial rental, or offering for sale or commercial rental any copy of the recording.

What broadcasting right is conferred under Section 38A(1)(b)?

The right to broadcast or communicate the performance to the public.

What is the exception to the broadcasting right under Section 38A(1)(b)?

Where the performance is already broadcast.

What is the effect of a performer consenting in writing to incorporation of performance in a cinematograph film under Section 38A(2)?

He cannot object to the producer’s enjoyment of performer’s right in the film.

What condition is necessary for application of Section 38A(2)?

Written agreement consenting to incorporation of the performance in a cinematograph film.

When can a performer object to the producer’s enjoyment of performer’s right despite Section 38A(2)?

When there is a contract to the contrary.

Whether the performer is entitled to royalties for commercial use of performances under the proviso to Section 38A(2)?

Yes.

In what situation is royalty payable to the performer under the proviso to Section 38A(2)?

In case of making of the performances for commercial use.

What is the subject matter of Section 38B of the Copyright Act?

Moral rights of the performer.

Whether moral rights of the performer exist independently of assignment of performer’s rights under Section 38B?

Yes.

Whether moral rights continue after assignment of performer’s rights under Section 38B?

Yes.

Whether performer’s rights may be assigned wholly or partially under Section 38B?

Yes.

What identification right is conferred upon the performer under Section 38B(a)?

The right to claim to be identified as the performer of his performance.

What is the exception to the performer’s right of identification under Section 38B(a)?

Where omission is dictated by the manner of use of the performance.

What protective right is conferred upon the performer under Section 38B(b)?

The right to restrain or claim damages in respect of distortion, mutilation or other modification of the performance prejudicial to his reputation.

What kind of modification gives rise to protection under Section 38B(b)?

Distortion, mutilation or other modification prejudicial to the performer’s reputation.

Whether mere removal of a portion of a performance for editing is deemed prejudicial under the Explanation to Section 38B?

No.

Whether modification to fit recording within limited duration is deemed prejudicial under the Explanation to Section 38B?

No.

Whether modifications required for purely technical reasons are deemed prejudicial under the Explanation to Section 38B?

No.

What is the subject matter of Section 39 of the Copyright Act?

Acts not infringing broadcast reproduction right or performer’s right.

Whether making sound or visual recording for private use infringes broadcast reproduction right or performer’s right under Section 39(a)?

No.

Whether making sound or visual recording for bona fide teaching infringes broadcast reproduction right or performer’s right under Section 39(a)?

No.

Whether making sound or visual recording for research infringes broadcast reproduction right or performer’s right under Section 39(a)?

No, if for bona fide research.

What use of excerpts of a performance or broadcast is permitted under Section 39(b)?

Use consistent with fair dealing.

For what purpose may excerpts of a performance or broadcast be used under Section 39(b)?

Reporting of current events.

Whether fair dealing use of excerpts for bona fide review is protected under Section 39(b)?

Yes.

Whether fair dealing use of excerpts for teaching is protected under Section 39(b)?

Yes.

Whether fair dealing use of excerpts for research is protected under Section 39(b)?

Yes, if for bona fide research.

What other acts are exempted under Section 39(c)?

Acts which do not constitute infringement of copyright under Section 52.

How are the acts under Section 39(c) applied to broadcast reproduction right and performer’s right?

With necessary adaptations and modifications.

What is the subject matter of Section 39A of the Copyright Act?

Certain provisions to apply in case of broadcast reproduction right and performer’s rights.

Which provisions are made applicable under Section 39A(1) to broadcast reproduction right and performer’s right?

Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall apply in relation to the broadcast reproduction right in any broadcast and the performer’s right in any performance.

How are the provisions mentioned in Section 39A(1) to be applied?

They shall apply with necessary adaptations and modifications.

In relation to what do the provisions mentioned in Section 39A(1) apply?

In relation to the broadcast reproduction right in any broadcast and the performer’s right in any performance.

To what extent do the provisions under Section 39A(1) apply?

They apply as they apply in relation to copyright in a work.

What restriction is imposed by the first proviso to Section 39A(1) regarding licence to reproduce a broadcast?

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 rights or performer, as the case may be, or both of them.

When is consent required before granting licence to reproduce a broadcast under the first proviso to Section 39A(1)?

When copyright or performer’s right subsists in respect of any work or performance that has been broadcast.

Whose consent is necessary under the first proviso to Section 39A(1) for licence to reproduce a broadcast?

The consent of the owner of rights or performer, as the case may be, or both of them.

What does the second proviso to Section 39A(1) provide regarding subsistence of broadcast reproduction right or performer’s right?

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.

When shall broadcast reproduction right or performer’s right not subsist under the second proviso to Section 39A(1)?

If the broadcast or performance is an infringement of the copyright in any work.

What does Section 39A(2) provide regarding separate copyright in a work?

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

What is the subject matter of Section 40 of the Copyright Act?

Power to extend copyright to foreign works.

Who has the power to extend copyright to foreign works under Section 40?

The Central Government.

In what manner must an order under Section 40 be published?

In the Official Gazette.

What may the Central Government direct under Section 40?

That all or any provisions of the Act shall apply to specified foreign works and situations.

How are works first published outside India treated under Section 40(a)?

As if they were first published within India.

To which works does Section 40(a) apply?

Works first published in any territory outside India to which the order relates.

How are unpublished works of foreign authors treated under Section 40(b)?

As if the authors were citizens of India.

To which authors does Section 40(b) apply?

Authors who were subjects or citizens of a foreign country at the time of making the work.

How is foreign domicile treated under Section 40(c)?

As if such domicile were in India.

How are works of foreign authors treated under Section 40(d)?

As if the author were a citizen of India at the relevant date or time.

What is the relevant date under Section 40(d) where the author was alive at first publication?

The date of first publication.

What is the relevant time under Section 40(d) where the author was dead at first publication?

The time of his death.

Subject to what does the Act apply after an order under Section 40 is made?

Subject to the provisions of the Chapter and the order.

What condition must be satisfied before making an order relating to a foreign country not connected by treaty or convention under proviso (i) to Section 40?

The Central Government must be satisfied that the foreign country has made or undertaken to make provisions for protection of works entitled to copyright under the Act.

To which countries does proviso (i) to Section 40 not apply?

Countries with which India has entered into a treaty or countries party to a copyright convention to which India is also a party.

What may an order specify under proviso (ii) to Section 40?

Application of the Act generally or to specified classes of works or cases.

What limitation regarding term of copyright may an order provide under proviso (iii) to Section 40?

The term in India shall not exceed that conferred by the law of the foreign country.

What additional limitation applies to term of copyright under proviso (iii) to Section 40?

It shall not exceed the term provided under the Act.

What conditions may be imposed regarding enjoyment of rights under proviso (iv) to Section 40?

Accomplishment of prescribed conditions and formalities.

What modifications may an order make regarding ownership of copyright under proviso (v) to Section 40?

Exceptions and modifications necessary having regard to the law of the foreign country.

What provision may an order make regarding works created before commencement of the order under proviso (vi) to Section 40?

That the Act or part thereof shall not apply to such works.

Whether an order may apply the Act to works first published before commencement of the order under proviso (vi) to Section 40?

Yes.

What is the subject matter of Section 40A of the Copyright Act?

Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries.

Who may apply Chapter VIII to foreign broadcasting organisations and performers under Section 40A?

The Central Government.

What satisfaction is required before making an order under Section 40A(1)?

Satisfaction that the foreign country has made or undertaken to make provisions for protection of rights of broadcasting organisations and performers.

To which countries does Section 40A(1) apply?

Foreign countries not connected with India by treaty or convention relating to rights of broadcasting organisations and performers.

In what manner must an order under Section 40A(1) be published?

In the Official Gazette.

To what organisations may Chapter VIII apply under Section 40A(1)(a)?

Broadcasting organisations whose headquarters are situated in a country to which the order relates.

How are foreign broadcasting organisations treated under Section 40A(1)(a)?

As if their headquarters were situated in India.

How are broadcasts transmitted from transmitters situated in foreign countries treated under Section 40A(1)(a)?

As if the broadcasts were made from India.

How are performances taking place outside India treated under Section 40A(1)(b)?

As if they took place in India.

How are performances incorporated in sound recordings published in foreign countries treated under Section 40A(1)(c)?

As if the sound recordings were published in India.

How are performances not fixed on sound recordings but broadcast from foreign countries treated under Section 40A(1)(d)?

As if the headquarters of the broadcasting organisation were situated in India or the broadcast were made from India.

What may an order specify under Section 40A(2)(i)?

Application of Chapter VIII generally or to specified classes of broadcasts, performances or cases.

What limitation regarding term of rights may an order impose under Section 40A(2)(ii)?

The term in India shall not exceed the term conferred by the law of the foreign country.

What conditions may be imposed regarding enjoyment of rights under Section 40A(2)(iii)?

Accomplishment of specified conditions and formalities.

What provision may an order make regarding broadcasts and performances made before commencement under Section 40A(2)(iv)?

That Chapter VIII or part thereof shall not apply to such broadcasts or performances.

What modifications may be made regarding ownership of rights under Section 40A(2)(v)?

Exceptions and modifications having regard to the law of the foreign country.

Who determines the exceptions and modifications under Section 40A(2)(v)?

The Central Government.

What is the subject matter of Section 41 of the Copyright Act?

Provisions as to works of certain international organisations.

What is the first condition for applicability of Section 41(1)?

The work must be made or first published by or under the direction or control of an organisation to which the section applies.

What is the second condition for applicability of Section 41(1)?

Apart from this section, there would be no copyright in the work in India at the time of making or first publication.

What is the first alternative condition under Section 41(1)(c)(i)?

The work is published pursuant to an agreement with the author not reserving copyright to the author.

What is the second alternative condition under Section 41(1)(c)(ii)?

Under Section 17, copyright in the work would belong to the organisation.

What is the effect of fulfilment of conditions under Section 41(1)?

Copyright shall subsist in the work throughout India.

What legal status is conferred under Section 41(2) upon organisations lacking corporate personality?

They shall be deemed to have the legal capacity of a body corporate.

For what purposes is corporate capacity deemed under Section 41(2)?

Holding, dealing with and enforcing copyright and legal proceedings relating to copyright.

At what times is the deemed corporate capacity recognised under Section 41(2)?

At all material times.

Who declares organisations to which Section 41 applies under Section 41(3)?

The Central Government.

In what manner must a declaration under Section 41(3) be made?

By order published in the Official Gazette.

What type of organisations may be declared under Section 41(3)?

Organisations of which one or more sovereign powers or Governments thereof are members.

What consideration governs declaration under Section 41(3)?

That it is expedient that the section should apply to such organisations.

What is the subject matter of Section 42 of the Copyright Act?

Power to restrict rights in works of foreign authors first published in India.

When may the Central Government exercise power under Section 42?

When it appears that a foreign country does not give or has not undertaken to give adequate protection to works of Indian authors.

What power is conferred upon the Central Government under Section 42?

To direct that provisions conferring copyright on works first published in India shall not apply to specified foreign works.

In what manner must an order under Section 42 be published?

In the Official Gazette.

To which works may restrictions under Section 42 apply?

Works published after the date specified in the order.

Which authors are affected by an order under Section 42?

Authors who are subjects or citizens of the foreign country and are not domiciled in India.

What is the effect of an order under Section 42?

The specified provisions of the Act shall not apply to such works.

Which provisions may be excluded under Section 42?

Provisions conferring copyright on works first published in India.

What is the subject matter of Section 42A of the Copyright Act?

Power to restrict rights of foreign broadcasting organisations and performers.

When may the Central Government exercise power under Section 42A?

When a foreign country does not give or undertake to give adequate protection to rights of broadcasting organisations or performers.

What power is conferred upon the Central Government under Section 42A?

To direct that provisions conferring rights on broadcasting organisations or performers shall not apply to specified foreign entities or persons.

In what manner must an order under Section 42A be published?

In the Official Gazette.

To which broadcasting organisations may restrictions under Section 42A apply?

Broadcasting organisations based or incorporated in the foreign country.

To which performers may restrictions under Section 42A apply?

Performers who are subjects or citizens of the foreign country and are not incorporated or domiciled in India.

What is the effect of an order under Section 42A?

The specified provisions of the Act shall not apply to such broadcasting organisations or performers.

What limitation is imposed by the proviso to Section 42A?

The period shall not exceed the period provided under the Act.

What is the subject matter of Section 43 of the Copyright Act?

Orders under this Chapter to be laid before Parliament.

What must be done with every order made under this Chapter under Section 43?

It shall be laid before both Houses of Parliament as soon as may be after it is made.

To what are orders laid before Parliament under Section 43 subject?

Such modifications as Parliament may make.

During which sessions may Parliament modify orders under Section 43?

During the session in which the order is laid or the session immediately following.

CHAPTER X

REGISTRATION OF COPYRIGHT

What is the subject matter of Section 44 of the Copyright Act?

Register of Copyrights.

Where is the Register of Copyrights kept under Section 44?

At the Copyright Office.

In what form is the Register of Copyrights maintained under Section 44?

In the prescribed form.

What particulars may be entered in the Register of Copyrights under Section 44?

Names or titles of works, names and addresses of authors, publishers and owners of copyright and other prescribed particulars.

What is the subject matter of Section 45 of the Copyright Act?

Entries in Register of Copyrights.

Who may apply for entering particulars of a work in the Register of Copyrights under Section 45(1)?

The author, publisher, owner of copyright or any other person interested in the copyright.

To whom must an application under Section 45(1) be made?

To the Registrar of Copyrights.

In what form must an application under Section 45(1) be made?

In the prescribed form.

What must accompany an application under Section 45(1)?

The prescribed fee.

What additional requirement applies to artistic works used or capable of being used in relation to goods or services under the proviso to Section 45(1)?

The application must include a statement to that effect.

What certificate must accompany applications relating to artistic works used in relation to goods or services under the proviso to Section 45(1)?

A certificate from the Registrar of Trade Marks.

What must the certificate from the Registrar of Trade Marks certify under the proviso to Section 45(1)?

That no identical or deceptively similar trade mark has been registered or applied for by any person other than the applicant.

Under which statute is the Registrar of Trade Marks referred to in the proviso to Section 45(1)?

Section 3 of the Trade Marks Act, 1999.

What power does the Registrar of Copyrights have upon receiving an application under Section 45(2)?

To enter particulars of the work in the Register of Copyrights.

What inquiry may the Registrar of Copyrights conduct under Section 45(2)?

Such inquiry as he may deem fit.

What is the subject matter of Section 46 of the Copyright Act?

Indexes.

What additional records must be kept at the Copyright Office under Section 46?

Such indexes of the Register of Copyrights as may be prescribed.

What is the subject matter of Section 47 of the Copyright Act?

Form and inspection of register.

Whether the Register of Copyrights and indexes are open to inspection under Section 47?

Yes, at all reasonable times.

Who may inspect the Register of Copyrights and indexes under Section 47?

Any person.

What rights does a person have regarding the Register of Copyrights under Section 47?

To take copies of or make extracts from the register or indexes.

What conditions apply to taking copies or extracts under Section 47?

Payment of prescribed fee and compliance with prescribed conditions.

What is the subject matter of Section 48 of the Copyright Act?

Register of Copyrights to be prima facie evidence of particulars entered therein.

What evidentiary value does the Register of Copyrights have under Section 48?

It is prima facie evidence of the particulars entered therein.

What documents are admissible in evidence under Section 48?

Copies of entries or extracts from the Register of Copyrights certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office.

Who must certify copies or extracts under Section 48?

The Registrar of Copyrights.

What seal must certified copies or extracts bear under Section 48?

The seal of the Copyright Office.

In which courts are certified copies or extracts admissible under Section 48?

In all courts.

Whether further proof or production of the original is necessary for admissibility under Section 48?

No.

What is the subject matter of Section 49 of the Copyright Act?

Correction of entries in the Register of Copyrights.

Who has the power to amend or alter the Register of Copyrights under Section 49?

The Registrar of Copyrights.

Subject to what conditions may the Register of Copyrights be amended under Section 49?

Prescribed cases and prescribed conditions.

What correction may be made under Section 49(a)?

Correction of any error in any name, address or particulars.

What type of errors may be corrected under Section 49(b)?

Errors arising by accidental slip or omission.

What is the subject matter of Section 50 of the Copyright Act?

Rectification of Register by Appellate Board.

Who may apply for rectification of the Register of Copyrights under Section 50?

The Registrar of Copyrights or any person aggrieved.

Which authority has the power to order rectification under Section 50?

The Appellate Board.

What rectification may be ordered under Section 50(a)?

Making any entry wrongly omitted from the register.

What rectification may be ordered under Section 50(b)?

Expunging any entry wrongly made in or remaining on the register.

What rectification may be ordered under Section 50(c)?

Correction of any error or defect in the register.

What is the subject matter of Section 50A of the Copyright Act?

Publication of entries in the Register of Copyrights.

What entries must be published under Section 50A?

Every entry made in the Register of Copyrights or particulars of any work entered under Section 45.

What corrections must be published under Section 50A?

Every correction made in the Register under Section 49.

What rectifications must be published under Section 50A?

Every rectification ordered under Section 50.

Who must publish the entries, corrections and rectifications under Section 50A?

The Registrar of Copyrights.

In what manner may publication be made under Section 50A?

In the Official Gazette or in such other manner as the Registrar may deem fit.

CHAPTER XI

INFRINGEMENT OF COPYRIGHT

What is the subject matter of Section 51 of the Copyright Act?

When copyright is infringed.

When is copyright deemed to be infringed under Section 51(a)?

When a person without licence or in contravention of licence conditions does acts exclusively reserved to the copyright owner.

From whom may a valid licence under Section 51(a) be granted?

The owner of copyright or the Registrar of Copyrights under the Act.

Whether contravention of conditions of a licence amounts to infringement under Section 51(a)?

Yes.

Whether contravention of conditions imposed by a competent authority amounts to infringement under Section 51(a)?

Yes.

What act constitutes infringement under Section 51(a)(i)?

Doing anything the exclusive right to do which is conferred upon the copyright owner by the Act.

When does permitting a place for communication to the public amount to infringement under Section 51(a)(ii)?

When it is permitted for profit and such communication constitutes infringement of copyright.

What defence is available under Section 51(a)(ii)?

That the person was unaware and had no reasonable ground for believing that the communication would infringe copyright.

Whether making infringing copies for sale or hire amounts to infringement under Section 51(b)(i)?

Yes.

Whether selling infringing copies amounts to infringement under Section 51(b)(i)?

Yes.

Whether letting infringing copies for hire amounts to infringement under Section 51(b)(i)?

Yes.

Whether displaying or offering infringing copies for sale or hire by way of trade amounts to infringement under Section 51(b)(i)?

Yes.

Whether distributing infringing copies for purposes of trade amounts to infringement under Section 51(b)(ii)?

Yes.

Whether distributing infringing copies to an extent prejudicially affecting the copyright owner amounts to infringement under Section 51(b)(ii)?

Yes.

Whether exhibiting infringing copies in public by way of trade amounts to infringement under Section 51(b)(iii)?

Yes.

Whether importing infringing copies into India amounts to infringement under Section 51(b)(iv)?

Yes.

What exception is provided to importation under the proviso to Section 51?

Import of one copy of any work for private and domestic use of the importer is not infringement.

What is deemed to be an infringing copy under the Explanation to Section 51?

Reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film.

What is the subject matter of Section 52 of the Copyright Act?

Certain acts not to be infringement of copyright.

Whether fair dealing with a work constitutes infringement under Section 52(1)(a)?

No.

To which works does the exception under Section 52(1)(a) not apply?

Computer programmes.

For what purpose is fair dealing permitted under Section 52(1)(a)(i)?

Private or personal use, including research.

Whether fair dealing for research is protected under Section 52(1)(a)(i)?

Yes.

For what purpose is fair dealing permitted under Section 52(1)(a)(ii)?

Criticism or review.

Whether criticism or review of another work is protected under Section 52(1)(a)(ii)?

Yes.

For what purpose is fair dealing permitted under Section 52(1)(a)(iii)?

Reporting of current events and current affairs.

Whether reporting of a lecture delivered in public is protected under Section 52(1)(a)(iii)?

Yes.

Whether storing a work in electronic medium for purposes specified in Section 52(1)(a) constitutes infringement?

No.

Whether incidental storage of a computer programme constitutes infringement under the Explanation to Section 52(1)(a)?

No, if the programme is not itself an infringing copy.

What condition applies to incidental storage of a computer programme under the Explanation to Section 52(1)(a)?

The computer programme must not itself be an infringing copy.

Whether making copies or adaptation of a computer programme by a lawful possessor constitutes infringement under Section 52(1)(aa)?

No.

Who may make copies or adaptation of a computer programme under Section 52(1)(aa)?

The lawful possessor of a copy of the computer programme.

For what purpose may copies or adaptations be made under Section 52(1)(aa)(i)?

To utilise the computer programme for the purpose for which it was supplied.

Whether back-up copies of a computer programme may be made under Section 52(1)(aa)(ii)?

Yes.

For what purpose may back-up copies be made under Section 52(1)(aa)(ii)?

As temporary protection against loss, destruction or damage.

What limitation applies to back-up copies under Section 52(1)(aa)(ii)?

They must be made only to utilise the computer programme for the purpose for which it was supplied.

Whether acts necessary to obtain information for interoperability constitute infringement under Section 52(1)(ab)?

No.

What information may be obtained under Section 52(1)(ab)?

Information essential for operating interoperability of an independently created computer programme with other programmes.

Who may perform acts under Section 52(1)(ab)?

A lawful possessor of a computer programme.

What condition applies to the information obtained under Section 52(1)(ab)?

Such information must not otherwise be readily available.

Whether observation, study or testing of a computer programme constitutes infringement under Section 52(1)(ac)?

No.

For what purpose may observation, study or testing be done under Section 52(1)(ac)?

To determine the ideas and principles underlying elements of the programme.

When may acts under Section 52(1)(ac) be performed?

While performing acts necessary for the functions for which the computer programme was supplied.

Whether making copies or adaptation from a personally legally obtained copy constitutes infringement under Section 52(1)(ad)?

No.

What is the permitted purpose under Section 52(1)(ad)?

Non-commercial personal use.

Whether transient or incidental storage of a work or performance constitutes infringement under Section 52(1)(b)?

No.

In what process must storage occur under Section 52(1)(b)?

Purely in the technical process of electronic transmission or communication to the public.

Whether transient or incidental storage for providing electronic links, access or integration constitutes infringement under Section 52(1)(c)?

No.

For what purpose is transient or incidental storage permitted under Section 52(1)(c)?

Providing electronic links, access or integration.

What condition regarding prohibition by the right holder applies under Section 52(1)(c)?

Such links, access or integration must not have been expressly prohibited by the right holder.

When does the exception under Section 52(1)(c) not apply?

When the person responsible is aware or has reasonable grounds for believing that the storage is of an infringing copy.

What must the person responsible for storage do upon receiving a written complaint under the proviso to Section 52(1)(c)?

Refrain from facilitating access.

Who may make a written complaint under the proviso to Section 52(1)(c)?

The owner of copyright in the work.

For how long must access be refrained from under the proviso to Section 52(1)(c)?

Twenty-one days or until receipt of an order from the competent court.

What type of order may be received from the competent court under the proviso to Section 52(1)(c)?

An order refraining from facilitation of access.

What happens if no court order is received within twenty-one days under the proviso to Section 52(1)(c)?

The person may continue to provide access.

Whether reproduction of a work for judicial proceedings constitutes infringement under Section 52(1)(d)?

No.

Whether reproduction of a work for a report of judicial proceedings constitutes infringement under Section 52(1)(d)?

No.

Whether reproduction or publication of works prepared by the Secretariat of a Legislature constitutes infringement under Section 52(1)(e)?

No.

For whose use must works reproduced under Section 52(1)(e) be prepared?

Exclusively for the use of members of the Legislature.

Whether reproduction of a work in a certified copy made or supplied according to law constitutes infringement under Section 52(1)(f)?

No.

Under what condition is reproduction in a certified copy protected under Section 52(1)(f)?

The certified copy must be made or supplied in accordance with law in force.

Whether reading or recitation in public of reasonable extracts from a published literary or dramatic work constitutes infringement under Section 52(1)(g)?

No.

What type of extracts may be read or recited in public under Section 52(1)(g)?

Reasonable extracts from a published literary or dramatic work.

Whether publication of short passages for instructional use constitutes infringement under Section 52(1)(h)?

No.

What must be the composition of the collection under Section 52(1)(h)?

Mainly composed of non-copyright matter.

For what purpose must the collection under Section 52(1)(h) be intended?

Bona fide instructional use.

How must the instructional purpose be indicated under Section 52(1)(h)?

In the title and advertisements issued by or on behalf of the publisher.

What type of passages may be published under Section 52(1)(h)?

Short passages from published literary or dramatic works not themselves published for instructional use.

What limitation applies to publication of passages from the same author under the proviso to Section 52(1)(h)?

Not more than two passages may be published by the same publisher during any period of five years.

What is included in references to passages from works in joint authorship under the Explanation to Section 52(1)(h)?

Passages from works by one or more of the authors alone or in collaboration with others.

Whether reproduction of any work by a teacher or pupil in the course of instruction constitutes infringement under Section 52(1)(i)(i)?

No.

Whether reproduction of a work as part of examination questions constitutes infringement under Section 52(1)(i)(ii)?

No.

Whether reproduction of a work in answers to examination questions constitutes infringement under Section 52(1)(i)(iii)?

No.

Whether performance of literary, dramatic or musical works in educational institutions constitutes infringement under Section 52(1)(j)?

No.

Who may perform works under Section 52(1)(j)?

Staff and students of the educational institution.

Whether performance of cinematograph films or sound recordings is permitted under Section 52(1)(j)?

Yes.

What limitation applies to the audience under Section 52(1)(j)?

The audience must be limited to staff, students, parents and guardians of students and persons connected with the institution.

Whether communication of cinematograph films or sound recordings to such audience is permitted under Section 52(1)(j)?

Yes.

Whether causing a recording to be heard in public in residential premises constitutes infringement under Section 52(1)(k)(i)?

No.

What type of premises are covered under Section 52(1)(k)(i)?

Residential premises not being a hotel or similar commercial establishment.

For whose benefit must the amenities under Section 52(1)(k)(i) be provided?

Exclusively or mainly for residents.

Whether causing a recording to be heard as part of club activities constitutes infringement under Section 52(1)(k)(ii)?

No.

What condition applies to clubs or organisations under Section 52(1)(k)(ii)?

They must not be established or conducted for profit.

Whether performance by an amateur club or society constitutes infringement under Section 52(1)(l)?

No.

What condition applies to performances under Section 52(1)(l)?

The performance must be given to a non-paying audience or for the benefit of a religious institution.

Whether reproduction of articles on current topics in newspapers or periodicals constitutes infringement under Section 52(1)(m)?

No.

What topics are covered under Section 52(1)(m)?

Current economic, political, social or religious topics.

When does the exception under Section 52(1)(m) not apply?

When the author has expressly reserved the right of reproduction.

Whether storing a work electronically by a non-commercial public library constitutes infringement under Section 52(1)(n)?

No.

For what purpose may a non-commercial public library store a work electronically under Section 52(1)(n)?

Preservation.

What condition applies to electronic storage under Section 52(1)(n)?

The library must already possess a non-digital copy of the work.

Whether making copies of books by a non-commercial public library constitutes infringement under Section 52(1)(o)?

No.

How many copies may be made under Section 52(1)(o)?

Not more than three copies.

Who may make copies under Section 52(1)(o)?

The person in charge of a non-commercial public library or under his direction.

What works are included within the term “book” under Section 52(1)(o)?

Pamphlet, sheet of music, map, chart or plan.

For whose use may copies be made under Section 52(1)(o)?

For the use of the library.

What condition regarding availability applies under Section 52(1)(o)?

The book must not be available for sale in India.

Whether reproduction of unpublished literary, dramatic or musical works for research or private study constitutes infringement under Section 52(1)(p)?

No.

For what purposes may unpublished works be reproduced under Section 52(1)(p)?

Research, private study or publication.

What type of works are covered under Section 52(1)(p)?

Unpublished literary, dramatic or musical works.

Where must the unpublished work be kept for applicability of Section 52(1)(p)?

In a library, museum or other institution to which the public has access.

What condition applies where the identity of the author is known under the proviso to Section 52(1)(p)?

Reproduction is permitted only after sixty years from the death of the author.

What condition applies in case of joint authorship where identity of one author is known under the proviso to Section 52(1)(p)?

Reproduction is permitted after sixty years from the death of the known author.

What condition applies in case of joint authorship where identity of more than one author is known under the proviso to Section 52(1)(p)?

Reproduction is permitted after sixty years from the death of the author who dies last among those known.

To whom must the identity of the author be known under the proviso to Section 52(1)(p)?

The library, museum or other institution.

Whether reproduction or publication of matter published in an Official Gazette constitutes infringement under Section 52(1)(q)(i)?

No.

What is excluded from the exception under Section 52(1)(q)(i)?

An Act of a Legislature.

Whether reproduction or publication of an Act of a Legislature constitutes infringement under Section 52(1)(q)(ii)?

No, subject to prescribed condition.

What condition applies to reproduction or publication of an Act of a Legislature under Section 52(1)(q)(ii)?

It must be reproduced or published together with commentary or other original matter.

Whether reproduction or publication of Government committee reports constitutes infringement under Section 52(1)(q)(iii)?

No.

What bodies are covered under Section 52(1)(q)(iii)?

Committees, commissions, councils, boards or similar bodies appointed by the Government.

What condition applies to reports under Section 52(1)(q)(iii)?

The report must have been laid on the Table of the Legislature.

When does the exception under Section 52(1)(q)(iii) not apply?

When reproduction or publication is prohibited by the Government.

Whether reproduction or publication of judgments or orders constitutes infringement under Section 52(1)(q)(iv)?

No.

What authorities are covered under Section 52(1)(q)(iv)?

Courts, tribunals or other judicial authorities.

When does the exception under Section 52(1)(q)(iv) not apply?

When reproduction or publication is prohibited by the concerned authority.

Whether production or publication of translation of Acts and rules in Indian languages constitutes infringement under Section 52(1)(r)?

No, subject to prescribed conditions.

When is translation permitted under Section 52(1)(r)(i)?

When no Government translation in that language has previously been produced or published.

When is translation permitted under Section 52(1)(r)(ii)?

When the Government translation is not available for sale to the public.

What must the translation contain under the proviso to Section 52(1)(r)?

A prominent statement that the translation has not been authorised or accepted as authentic by the Government.

Whether making or publishing paintings, drawings, engravings or photographs of a work of architecture constitutes infringement under Section 52(1)(s)?

No.

Whether display of a work of architecture constitutes infringement under Section 52(1)(s)?

No.

Whether making or publishing paintings, drawings, engravings or photographs of sculptures permanently situated in public places constitutes infringement under Section 52(1)(t)?

No.

What condition applies to artistic works under Section 52(1)(t)?

They must be permanently situated in a public place or premises to which the public has access.

Whether inclusion of artistic works permanently situated in public places in cinematograph films constitutes infringement under Section 52(1)(u)(i)?

No.

Whether incidental inclusion of artistic works in cinematograph films constitutes infringement under Section 52(1)(u)(ii)?

No.

What condition applies to inclusion under Section 52(1)(u)(ii)?

The inclusion must only be by way of background or otherwise incidental to the principal matters represented in the film.

Whether an author may use moulds, casts, sketches, plans, models or studies made by him where he is not the copyright owner under Section 52(1)(v)?

Yes.

What limitation applies to use under Section 52(1)(v)?

The author must not repeat or imitate the main design of the work.

Whether making a three-dimensional object from a two-dimensional artistic work constitutes infringement under Section 52(1)(w)?

No.

For what purpose may a three-dimensional object be made under Section 52(1)(w)?

Industrial application of a purely functional part of a useful device.

Whether reconstruction of a building according to original architectural drawings constitutes infringement under Section 52(1)(x)?

No.

What condition applies to reconstruction under Section 52(1)(x)?

The original construction must have been made with consent or licence of the copyright owner.

Whether exhibition of a cinematograph film after expiry of copyright in literary, dramatic, artistic or musical works recorded therein constitutes infringement under Section 52(1)(y)?

No.

To which clauses does the acknowledgment requirement apply under the proviso to Section 52(1)?

Sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p).

What must an acknowledgment identify under the proviso to Section 52(1)?

The work by its title or other description.

What additional identification is required under the proviso to Section 52(1)?

Identification of the author.

When is identification of the author not necessary under the proviso to Section 52(1)?

When the work is anonymous or the author has agreed or required that his name should not be acknowledged.

Whether making an ephemeral recording by a broadcasting organisation constitutes infringement under Section 52(1)(z)?

No.

Who may make ephemeral recordings under Section 52(1)(z)?

A broadcasting organisation using its own facilities for its own broadcast.

What condition applies to the work recorded under Section 52(1)(z)?

The broadcasting organisation must have the right to broadcast the work.

Whether retention of ephemeral recordings for archival purposes is permitted under Section 52(1)(z)?

Yes.

On what ground may ephemeral recordings be retained under Section 52(1)(z)?

Exceptional documentary character.

Whether performance of literary, dramatic or musical works during bona fide religious ceremonies constitutes infringement under Section 52(1)(za)?

No.

Whether communication to the public of sound recordings during bona fide religious ceremonies constitutes infringement under Section 52(1)(za)?

No.

Whether performances during official ceremonies held by Government or local authorities are protected under Section 52(1)(za)?

Yes.

What is included within “religious ceremony” under the Explanation to Section 52(1)(za)?

Marriage procession and social festivities associated with marriage.

Whether adaptation, reproduction, issue of copies or communication to the public in accessible formats for persons with disabilities constitutes infringement under Section 52(1)(zb)?

No.

Who may facilitate accessible formats under Section 52(1)(zb)(i)?

Any person.

For what purposes may accessible formats be provided under Section 52(1)(zb)(i)?

Private or personal use, educational purpose or research.

Who may provide accessible formats under Section 52(1)(zb)(ii)?

Organisations working for the benefit of persons with disabilities.

What condition must exist for organisations to act under Section 52(1)(zb)(ii)?

The normal format must prevent enjoyment of the works by persons with disabilities.

On what basis must accessible copies be made available under the first proviso to Section 52(1)(zb)?

On a non-profit basis recovering only the cost of production.

What obligation is imposed on organisations under the second proviso to Section 52(1)(zb)?

To ensure accessible copies are used only by persons with disabilities.

What preventive duty is imposed on organisations under the second proviso to Section 52(1)(zb)?

To take reasonable steps to prevent accessible copies from entering ordinary channels of business.

What organisations are included within “any organisation” under the Explanation to Section 52(1)(zb)?

Organisations registered under Section 12A of the Income-tax Act, recognised under Chapter X of the Persons with Disabilities Act, receiving Government grants, or Government-recognised educational institutions, libraries or archives.

Whether importation of incidental literary or artistic works such as labels or logos constitutes infringement under Section 52(1)(zc)?

No.

What type of literary or artistic works are covered under Section 52(1)(zc)?

Labels, company logos or promotional or explanatory material purely incidental to other goods or products.

To what acts does Section 52(2) apply?

Acts relating to translation of literary, dramatic or musical works or adaptation of literary, dramatic, musical or artistic works.

How are acts relating to translations or adaptations treated under Section 52(2)?

In the same manner as acts relating to the work itself.

What is the subject matter of Section 52A of the Copyright Act?

Particulars to be included in records and video films.

Whether a person may publish a sound recording without displaying prescribed particulars under Section 52A(1)?

No.

What particulars must be displayed on a sound recording under Section 52A(1)(a)?

The name and address of the person who made the record.

What particulars regarding copyright ownership must be displayed on a sound recording under Section 52A(1)(b)?

The name and address of the owner of copyright in the work.

What publication detail must be displayed on a sound recording under Section 52A(1)(c)?

The year of first publication.

Where must particulars under Section 52A(1) be displayed?

On the sound recording and on any container thereof.

Whether a person may publish a video film without displaying prescribed particulars under Section 52A(2)?

No.

Where must particulars relating to video films be displayed under Section 52A(2)?

In the video film when exhibited and on the video cassette or other container thereof.

What certificate must be displayed for cinematograph films under Section 52A(2)(a)?

A copy of the certificate granted by the Board of Film Certification under Section 5A of the Cinematograph Act, 1952.

When is the requirement under Section 52A(2)(a) applicable?

When the work is a cinematograph film required to be certified for exhibition.

What particulars regarding the maker of the video film must be displayed under Section 52A(2)(b)?

The name and address of the person who made the video film.

What declaration must accompany particulars under Section 52A(2)(b)?

A declaration that necessary licence or consent from the copyright owner has been obtained.

What particulars regarding ownership must be displayed under Section 52A(2)(c)?

The name and address of the owner of copyright in the work.

What was the subject matter of Section 52B of the Copyright Act before omission?

Accounts and audit.

By which Act was Section 52B omitted?

The Copyright Act, 2012.

What is the subject matter of Section 53 of the Copyright Act?

Importation of infringing copies.

Who may give notice under Section 53(1)?

The owner of any right conferred by the Act or his duly authorised agent.

To whom may notice under Section 53(1) be given?

The Commissioner of Customs or any officer authorised by the Central Board of Excise and Customs.

In what form must notice under Section 53(1) be given?

In writing.

What must the notice under Section 53(1)(a) contain?

A statement that the person is the owner of the right along with proof thereof.

What request may be made under Section 53(1)(b)?

To treat infringing copies of the work as prohibited goods.

For what maximum period may a request under Section 53(1)(b) be made?

One year.

What additional particulars must be specified in the notice under Section 53(1)(b)?

The expected time and place of arrival of infringing copies in India.

What power does the Commissioner have under Section 53(2)?

To treat infringing copies imported into India as prohibited goods.

What scrutiny must the Commissioner undertake under Section 53(2)?

Scrutiny of the evidence furnished by the owner of the right.

What goods are excluded from treatment as prohibited goods under Section 53(2)?

Goods in transit.

What condition regarding security deposit is imposed under the proviso to Section 53(2)?

The owner must deposit security required by the Commissioner.

For what purposes may security be required under the proviso to Section 53(2)?

Likely expenses on demurrage, storage costs and compensation to the importer.

When may compensation to the importer arise under the proviso to Section 53(2)?

When the works are found not to be infringing copies.

Who must be informed upon detention of goods under Section 53(3)?

The importer and the person who gave notice under Section 53(1).

Within what time must information of detention be given under Section 53(3)?

Within forty-eight hours of detention.

Who must inform the parties under Section 53(3)?

The Customs Officer detaining the goods.

When must detained goods be released under Section 53(4)?

When no court order regarding temporary or permanent disposal is produced within fourteen days from detention.

What type of court order is required under Section 53(4)?

An order regarding temporary or permanent disposal of the goods.

What is the effect of release under Section 53(4)?

The goods shall no longer be treated as prohibited goods.

What is the subject matter of Section 53A of the Copyright Act?

Resale share right in original copies.

In what cases does resale share right arise under Section 53A(1)?

Resale of original copies or manuscripts for a price exceeding ten thousand rupees.

Which works are covered under Section 53A(1)?

Original copies of paintings, sculptures or drawings and original manuscripts of literary, dramatic or musical works.

Who is entitled to resale share right under Section 53A(1)?

The author who was the first owner of rights under Section 17 or his legal heirs.

Whether resale share right exists despite assignment of copyright under Section 53A(1)?

Yes.

In what share is the author or legal heirs entitled under Section 53A(1)?

A share in the resale price of the original copy or manuscript.

When does the resale share right cease under the proviso to Section 53A(1)?

On expiration of the term of copyright in the work.

Who determines the share under Section 53A(2)?

The Appellate Board.

Whether the decision of the Appellate Board under Section 53A(2) is final?

Yes.

Whether different shares may be fixed for different classes of works under the first proviso to Section 53A(2)?

Yes.

What is the maximum limit of share under the second proviso to Section 53A(2)?

Ten percent of the resale price.