CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1
2. Interpretation 1
3. Meaning of publication 8
4. When work not deemed to be published or performed in public 8
5. When work deemed to be rst published in India 8
6. Certain disputes to be decided by Commercial Court 9
7. Nationality of author where the making of unpublished work is extended over considerable period 9
8. Domicile of corporations 10
CHAPTER II COPYRIGHT OFFICE
9. Copyright Of ce 10
10. Registrar and Deputy Registrars of Copyrights 10
11. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 10
12. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 10 CHAPTER III COPYRIGHT
13. Works in which copyright subsists 11
14. Meaning of copyright 13
15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000 17
16. No copyright except as provided in this Act 17
CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17. First owner of copyright 18
18. Assignment of copyright 20
19. Mode of assignment 21
19A. Disputes with respect to assignment of copyright 22
20. Transmission of copyright in manuscript by testamentary disposition 24
21. Rights of author to relinquish copyright 24
CHAPTER V
TERM OF COPYRIGHT
22. Term of copyright in published literary, dramatic, musical and artistic works 25
23. Term of copyright in anonymous and pseudonymous works 25
24. Term of copyright in posthumous work 27
25. [Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012] 27
26. Term of copyright in cinematograph lms 27
27. Term of copyright in sound recordings
28. Term of copyright in Government works
28A. Term of copyright in works of public undertakings
29. Term of copyright in works of international organisations
CHAPTER VI
LICENCES
30. Licences by owners of copyright 28
30A. Application of section 19 28
31. Compulsory licence in works withheld from public 29
31A. Compulsory licence in unpublished or published works
31B. Compulsory licence for bene t of disabled
31C. Statutory licence for cover versions
31D. Statutory licence for broadcasting of literary and musical works and sound recording
32. Licence to produce and publish translations
32A. Licence to reproduce and publish works for certain purposes
32B. Termination of licences issued under this Chapter
CHAPTER VII
COPYRIGHT SOCIETIES
33. Registration of copyright society
33A. Tariff Scheme by copyright societies
34. Administration of rights of owner by copyright society 42
34A. [Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012] 43
35. Control over the copyright society by the author and other owners of right
36. Submission of returns and reports
36A. Rights and liabilities of copyright society
CHAPTER VIII
RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
37. Broadcast reproduction right
38. Performer’s right
38A. Exclusive right of performers
38B. Moral rights of the performer
39. Acts not infringing broadcast reproduction right or performer’s right
39A. Certain provisions to apply in case of broadcast reproduction right and performer’s rights
CHAPTER IX INTERNATIONAL COPYRIGHT
40. Power to extend copyright to foreign works
40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries
41. Provisions as to works of certain international organisations
42. Power to restrict rights in works of foreign authors rst published in India
42A. Power to restrict rights of foreign broadcasting organisations and performers
43. Orders under this Chapter to be laid before Parliament
CHAPTER X
REGISTRATION OF COPYRIGHT
44. Register of Copyrights
45. Entries in Register of Copyrights
46. Indexes
47. Form and inspection of register
48. Register of Copyrights to be prima facie evidence of particulars entered therein
49. Correction of entries in the Register of Copyrights
50. Recti cation of Register by High Court
50A. Entries in the Register of Copyrights, etc., to be published
CHAPTER XI
INFRINGEMENT OF COPYRIGHT
51. When copyright infringed
52. Certain acts not to be infringement of copyright
52A. Particulars to be included in sound recordings and video lms
52B. [Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012]
53. Importation of infringing copies
53A. Resale share right in original copies
CHAPTER XII
CIVIL REMEDIES
54. De nition
57. Author’s special rights
58. Rights of owner against persons possessing or dealing with Infringing copies
59. Restriction on remedies in the case of works of architecture
60. Remedy in the case of groundless threat of legal proceedings
61. Owner of copyright to be party to the proceeding
CONTENTS
PAGE
62. Jurisdiction of court over matters arising under this Chapter 76
CHAPTER XIII
OFFENCES
63. Offence of infringement of copyright or other rights conferred by this Act 77
63A. Enhanced penalty on second and subsequent convictions 77
63B. Knowing use of infringing copy of computer programme to be an offence 78
64. Power of police to seize infringing copies 78
65. Possession of plates for purpose of making infringing copies 80
65A. Protection of technological measures 80
65B. Protection of Rights Management Information 81
66. Disposal of infringing copies or plates for purpose of making infringing copies 81
67. Penalty for making false entries in register, etc., for producing or tendering false entries 81
68. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024] 81
68A. Penalty for contravention of section 52A 82
69. Offences by companies 82
70. Cognizance of offences 82
CHAPTER XIV
APPEALS
71. Appeals against certain orders of Magistrate 82
72. Appeals against orders of Registrar of Copyrights 83
73. Procedure for appeals 83
CHAPTER XV
MISCELLANEOUS
74. Registrar of Copyrights and Appellate Board to possess certain powers of civil courts 84
75. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree 84
76. Protection of action taken in good faith 84
77. Certain persons to be public servants 84
78. Power to make rules 85
79. Repeals, savings and transitional provisions 87 SUBJECT INDEX 89
COPYRIGHT RULES, 2013
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 95
2. Interpretations 95
CHAPTER II THE APPELLATE BOARD
3. Appellate Board 96
CHAPTER III RELINQUISHMENT OF COPYRIGHT
4. Notice for relinquishment of Copyright 97
5. Publication of notice 97
CHAPTER IV
COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC
6. Application for licence 97
7. Notice of application 98
8. Manner of determining compensation or royalties 98
9. Extension of the period of licence 99 10 Cancellation of licence 99
CHAPTER V
COMPULSORY LICENCE TO PUBLISH OR COMMUNICATE TO THE PUBLIC THE WORK OR TRANSLATION THEREOF
11. Application for licence 99
12. Manner of determining royalties 100
13. Extension of the period of licence
14. Cancellation of licence
15. Notice for termination of licence
16. Notice for publication of a work in case of death of original owner 101
CHAPTER VI
COMPULSORY LICENCE FOR BENEFIT OF DISABLED
17. Application for licence 101
18. Notice of application 101
19. Manner of determining royalties 102
20. Extension of the period of licence 102
21. Cancellation of licence 102
22. Notice for termination of licence 103
CHAPTER VII
STATUTORY LICENCE FOR COVER VERSIONS
23. Notice for making cover version 103
24. Conditions to be followed while making cover version 104
25. Notice for making additional copies of cover version 104
26. Maintaining of records 104
27. Manner of determining royalties 105
28. Complaint in respect of non-payment of royalties 105
CHAPTER VIII
STATUTORY LICENCE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS AND SOUND RECORDING
29. Notice to owner for communication to the public of literary and musical works and sound recordings 106
30. Maintaining of records 107
31. Manner of determining royalties 107
CHAPTER IX
LICENCES FOR TRANSLATIONS
32. Application for licence 109
33. Notice of application 109
34. Consideration of the application 109
35. Manner of determining royalties 110
36. Extension of the period of licence 110
37. Cancellation of licence 110
CONTENTS
CHAPTER X
LICENCE FOR PUBLICATION, TRANSLATION AND RE-PRODUCTION OF WORK
38. Application for licence 111
39. Notice of application 111
40. Manner of determining royalties 111
41. Extension of the period of licence 112
42. Cancellation of licence 112
43. Notice for termination of licence 112
CHAPTER XI
COPYRIGHT SOCIETIES
44. Conditions for submission of application for registration of copyright society 112
45. Membership of Copyright Society 113
46. Conditions for grant of permission to carry on copyright business 113
47. Application and conditions for re-registration or renewal of existing copyright society 113
48. Documents accompanying applications 114
49. Conditions for registration of a copyright society 114
50. Order of inquiry, suspension of registration and appointment of administrator 115
51. Procedure for holding Inquiry 116
52. Powers and Functions of the Administrator 116
53. Cancellation of registration of a copyright society
54. Conditions subject to which a copyright society may accept authorisation and an author or other owner of rights may withdraw such authorisation
55. Conditions subject to which a copyright society may issue licences, collect royalties and distribute such royalties
56. Tariff Scheme
57. Appeal to the Board on Tariff Scheme
58. Distribution Scheme
59. Management of Copyright Society
60. Approval of Schemes
61. Meetings of the Society
CONTENTS
62. Documents to be presented in the annual General Body meeting 122
63. Accounts and audit 123
64. Records to be maintained by copyright societies 123
65. Returns to be led by the copyright societies with the Registrar of Copyrights 124
65A. Annual transparency report 124
66. Code of Conduct for copyright societies 125
67. Welfare fund of copyright society 127
CHAPTER XII
PERFORMERS’ SOCIETY
68. Registration and management of Performers’ Society 127
CHAPTER XIII
REGISTRATION OF COPYRIGHT
69. Form of Register of Copyrights
70. Application for Registration of Copyright 128
71. Correction and recti cation of entries in the Register of Copyrights 130
72. Indexes
73. Inspection of the Register of Copyrights and Indexes 130
74. Copies and extracts of the Register of Copyrights and Indexes 130
CHAPTER XIV
STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS
75. Complaint by Copyright Owner 131
CHAPTER XV
MAKING OR ADAPTING THE WORK BY ORGANISATIONS WORKING FOR THE BENEFIT OF PERSONS WITH DISABILITIES
76. Maintenance of records 132
77. Notice to be included in copies made in accessible formats
78. Contracts with third parties engaged by organisations working for persons with disabilities 132
CHAPTER XVI [***]
79. [Omitted by the Copyright (Amendment) Rules, 2021, w.e.f. 30-3-2021] 133
CHAPTER XVII
TECHNOLOGICAL PROTECTION MEASURES
80. Maintaining of records
CHAPTER XVIII MISCELLANEOUS
81. Mode of making applications, etc.
82. Mode of communication by the Copyright Of ce, etc.
83. Fees
84. Right of audience
85. Costs
INTERNATIONAL COPYRIGHT ORDER, 1999
Copyright Act, 1957
[14 OF 1957]1
An Act to amend and consolidate the law relating to copyright.
BE it enacted by Parliament in the eighth year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Copyright Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notication in the Of cial Gazette, appoint.
Interpretation.
2. In this Act, unless the context otherwise requires,— (a) “adaptation” means,—
(i) in relation to a dramatic work, the conversion of the work into a non-dramatic work;
(ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise;
(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; 3[***]
(iv) in relation to a musical work, any arrangement or transcription of the work; 4[and]
4[(v) in relation to any work, any use of such work involving its rearrangement, or alteration;]
(aa) 5[***]
1. Dated 4-6-1957.
2. With effect from 21-1-1958.
3. Word “and” omitted by the Copyright (Amendment) Act, 1994, w.r.e.f. 10-5-1995.
4. Inserted, ibid
5. Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021. Prior to its omission, clause (aa) as inserted by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(aa) “Appellate Board” means the Appellate Board referred to in section 11;’
(
b) 6[“work of architecture”] means any building or structure having an artistic character or design, or any model for such building or structure;
(
c) “artistic work” means—
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
(ii) a 6[work of architecture]; and
(iii) any other work of artistic craftsmanship;
(
d) “author” means,—
(i) in relation to a literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
7[(v) in relation to a cinematograph lm or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]
8[(dd) “broadcast” means communication to the public—
(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast;]
(e) “calendar year” means the year commencing on the 1st day of January;
9[(f) “cinematograph lm” means any work of visual recording 10[***] and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video lms;]
6. Substituted for “architectural work of art” by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
7. Substituted, ibid. Prior to its substitution, sub-clause (v) and (vi) read as under: “(v) in relation to a cinematography lm, the owner of the lm at the time of its completion; and (vi) in relation to a record, the owner of the original plate from which the record is made, at the time of the making of the plate;”
8. Inserted by the Copyright (Amendment) Act, 1983, w.e.f. 9-8-1984.
9. Substituted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995. Prior to its substitution, sub-clause (v) as amended by the Copyright (Amendment) Act, 1984, w.e.f. 8-10-1984 read as under :
“(f) “cinematograph lm” includes the sound track, if any, and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography;”
10. Words “on any medium produced through a process from which a moving image may be produced by any means” omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012.
10a[(fa) “Commercial Court”, for the purposes of any State, means a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015 (4 of 2016);]
11[11a[(faa)] “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 lm for non-pro t purposes by a non-pro t library or non-pro t educational institution.
Explanation.—For the purposes of this clause, a “non-pro t library or non-pro t educational institution” means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961 (43 of 1961);]
12[(ff) “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.
Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;]
(ffa) “composer”, in relation to a musical work, means the person who composes the music regardless of whether he records it in any form of graphical notation;
(ffb) “computer” includes any electronic or similar device having information processing capabilities;
(ffc) “computer programme” means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result;
(ffd) “copyright society” means a society registered under sub-section (3) of section 33;]
10a. Inserted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021.
11. Inserted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012.
11a. Re-numbered for clause (fa) by the Tribunals Reforms Act, 2021, w.e.f. 4-4-21.
12. Substituted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012. Prior to its substitution, clause (ff) as amended by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995 and Copyright (Amendment) Act, 1983, w.e.f. 9-8-1984 read as under : ‘(ff) “communication to the public” means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available.
Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public;’
(g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by 13[broadcast];
(h) “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is xed in writing or otherwise but does not include a cinematograph lm;
14[(hh) “duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work;]
(i) “engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs;
(j) “exclusive licence” means a licence which confers on the licensee or on the licences and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and “exclusive licensee” shall be construed accordingly;
(k) “Government work” means a work which is made or published by or under the direction or control of—
(i) the Government or any department of the Government;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;
15[(l) “Indian work” means a literary, dramatic or musical work,—
(i) the author of which is a citizen of India; or
(ii) which is rst published in India; or
(iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India;]
16[(m) “infringing copy” means,—
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic lm;
(ii) in relation to a cinematographic lm, a copy of the lm made on any medium by any means;
(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of this Act, the sound recording or a cinematographic lm of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;]
(n) “lecture” includes address, speech and sermon;
13. Substituted for “radio-diffusion” by the Copyright (Amendment) Act, 1983, w.e.f. 9-8-1984.
14. Inserted by the Copyright (Amendment) Act, 1984, w.e.f. 8-10-1984.
15. Substituted by the Copyright (Amendment) Act, 1983, w.e.f. 9-8-1984.
16. Substituted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
16a[(o) “literary work” includes computer programmes, tables and compilations including computer 17[databases];
(p) “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;
(q) “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers;]
18[(qq) “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:]
19[Provided that in a cinematograph lm a person whose performance is casual or incidental in nature and, in the normal course of the practice of the industry, is not acknowledged anywhere including in the credits of the lm shall not be treated as a performer except for the purpose of clause (b) of section 38B;]
(r) [Omitted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.]
(s) “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph lm;
(t) “plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative 20[,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 21[sound recording] for the acoustic presentation of the work are or are intended to be made;
22[(u) “prescribed” means,—
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;]
23[(uu) “producer”, in relation to a cinematograph lm or sound recording, means a person who takes the initiative and responsibility for making the work;]
(v) [Omitted by the Copyright (Amendment) Act, 1983, w.e.f. 9-8-1984.]
(w) [Omitted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.]
24[(x) “reprography” means the making of copies of a work, by photo copying or similar means;
16a. Substituted for clauses (o), (p) and (q), respectively, by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995. Earlier, clause (o) was amended by the Copyright (Amendment) Act, 1984, w.e.f. 8-10-1984.
17. Substituted for “data basis” by the Copyright (Amendment) Act, 1999, w.e.f. 15-1-2000.
18. Inserted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
19. Inserted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012.
20. Inserted by the Copyright (Amendment) Act, 1984, w.e.f. 8-10-1984.
21. Substituted for “record” by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
22. Substituted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its substitution, clause (u) read as under:
‘(u) “prescribed” means prescribed by rules made under this Act;’
23. Inserted by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
24. Clauses (x) and (xx) substituted for clause (x), ibid
25[(xa) “Rights Management Information” means,—
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d), but does not include any device or procedure intended to identify the user;]
(xx) “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;]
25[(xxa) “visual recording” means the recording in any medium, by any method including the storing of it by any electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method;]
(y) “work” means any of the following works, namely:—
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph lm;
(iii) a 26[sound recording];
(z) “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;
(za) “work of sculpture” includes casts and models.
COMMENTS
SECTION NOTES
The term ‘copyright’ is not de ned in this section. Section 14 de nes the term ‘Copyright’.
This section gives interpretations of the following words/terms/expressions
Adaptation: Changing a work into another form, such as turning a book into a movie, or altering a song for different instruments.
Work of architecture: Any building or structure with artistic design or a model for such construction.
Artistic work: means paintings, sculptures, drawings, engravings, photographs, works of architecture and any other work of artistic craftsmanship.
Author: The creator of a work, such as a writer of books, a composer of music, a photographer of photos, a producer of cinematograph films or the creator of any literary, dramatic, musical or artistic work which is computer-generated.
Broadcast: Communication to the public by radio, TV, or the internet, including rebroadcasts.
25. Inserted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012.
26. Substituted for “record” by the Copyright (Amendment) Act, 1994, w.e.f. 10-5-1995.
