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IN007EN Copyright, Act (Consolidation), page 1/53

04/06/1957 (30/12/1999), No. 14 (No. 49)

(as last amended by Act No. 49 of 1999)

ARRANGEMENT OF SECTIONS

Section

Chapter I: Preliminary

Short title, extent and commencement.......................... 1

Interpretation. ............................................................... 2

Meaning of publication................................................. 3

When work not deemed to be published or performed

in public........................................................................ 4

When work deemed to be first published in India ........ 5

Certain disputes to be decided by Copyright Board...... 6

Nationality of author where the making of unpublished

work is extended over considerable period................... 7

Domicile of corporations .............................................. 8

Chapter II: Copyright Office And Copyright Board

Registrar and Deputy Registrars of Copyrights ............ 10

Powers and procedure of Copyright Board................... 12

Chapter III: Copyright

Works in which copyright subsists ............................... 13

Meaning of copyright ................................................... 14

Special provision regarding copyright in designs

registered or capable of being registered under the

Designs Act, 1911 ........................................................ 15

No copyright except as provided in this Act................. 16

Chapter IV: Ownership of Copyright and the Rights of the Owner

First owner of copyright ............................................... 17

Assignment of copyright .............................................. 18

Mode of assignment ..................................................... 19

Disputes with respect to assignment of copyright ........ 19A

Transmission of copyright in manuscript by

testamentary disposition ............................................... 20

Right of author to relinquish copyright......................... 21

Chapter V: Term of Copyright

Term of copyright in published literary, dramatic,

musical and artistic works ............................................ 22

Term of copyright in anonymous and pseudonymous

works ............................................................................ 23

Term of copyright in posthumous work........................ 24

Term of copyright in photographs ................................ 25

Term of copyright in cinematograph films ................... 26

Term of copyright in sound recordings......................... 27

Term of copyright in Government work....................... 28

Term of copyright in works of public undertakings...... 28A

Term of copyright in works of international

organisations................................................................. 29

Chapter VI: Licences

Licences by owners of copyright .................................. 30

Application of sections 19 and 19A.............................. 30A

Compulsory licence in works withheld from public..... 31

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04/06/1957 (30/12/1999), No. 14 (No. 49)

Compulsory licence in unpublished Indian works ........ 31A

Licence to produce and publish translations................. 32

Licence to reproduce and publish works for certain

purposes........................................................................ 32A

Termination of licences issued under this Chapter ....... 32B

Chapter VII: Copyright Societies

Registration of Copyright Society ............................... 33

Administration of rights of owner by copyright society 34

Payment of remunerations by copyright society........... 34A

Control over the copyright society by the owner of

rights............................................................................. 35

Submission of returns and reports ................................ 36

Rights and liabilities of performing rights societies ..... 36A

Chapter VIII: Rights of Broadcasting Organisation and of

Performers

Broadcast reproduction right ........................................ 37

Performer’s right .......................................................... 38

Acts not infringing broadcast reproduction right or

performer’s right........................................................... 39

Other provisions applying to broadcast reproduction

right and performer’s right ........................................... 39A

Chapter IX: International Copyright

Power to extend copyright to foreign works................. 40

Power of Central Government to apply Chapter VIII to

broadcasting organisations and performers in certain

other countries .............................................................. 40A

Provisions as to works of certain international

organisations................................................................. 41

Power to restrict rights in works of foreign authors

first published in India.................................................. 42

Power to restrict rights of foreign broadcasting

organisations and performers........................................ 42A

Orders under this Chapter to be laid before Parliament 43

Chapter X: Registration of Copyright

Entries in Register of Copyrights ................................. 45

Indexes ......................................................................... 46

Form and inspection of register .................................... 47

particulars entered therein ............................................ 48

Correction of entries in the Register of Copyrights ...... 49

Rectification of Register by Copyright Board .............. 50

Entries in the Register of Copyrights, etc., to be

published ...................................................................... 50A

Chapter XI: Infringement of Copyright

When copyright infringed............................................. 51

Certain acts not to be infringement of copyright .......... 52

Particulars to be included in sound recordings and

video films.................................................................... 52A

Accounts and audit ....................................................... 52B

Importation of infringing copies................................... 53

Resale share right in original copies ............................. 53A

Chapter XII: Civil Remedies

Definition ..................................................................... 54

Civil remedies for infringement of copyright ............... 55

Protection of separate rights ......................................... 56

Author’s special rights.................................................. 57

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04/06/1957 (30/12/1999), No. 14 (No. 49)

Rights of owner against persons possessing or dealing

with infringing copies................................................... 58

Restriction on remedies in the case of works of

architecture ................................................................... 59

Remedy in the case of groundless threat of legal

proceedings................................................................... 60

Owner of copyright to be party to the proceeding ........ 61

Jurisdiction of court over matters arising under this

Chapter ......................................................................... 62

Chapter XIII: Offences

Offence of infringement of copyright or other rights

conferred by this Act .................................................... 63

Enhanced penalty on second and subsequent

convictions ................................................................... 63A

Knowing use of infringing copy of computer

programme to be an offence ......................................... 63B

Power of police to seize infringing copies.................... 64

Possession of plates for purpose of making infringing

copies............................................................................ 65

Disposal of infringing copies or plates for purpose of

making infringing copies .............................................. 66

Penalty for making false entries in register, etc., for

producing or tendering false entries.............................. 67

Penalty for making false statements for the purpose of

deceiving or influencing any authority or officer ......... 68

Penalty for contravention of section 52A ..................... 68A

Offences by companies................................................. 69

Cognizance of offences ................................................ 70

Chapter XIV: Appeals

Appeals against certain orders of Magistrate................ 71

Appeals against orders of Registrar of Copyrights and

Procedure for appeals ................................................... 73

Chapter XV: Miscellaneous

Registrar of Copyrights and Copyright Board to

possess certain powers of civil courts........................... 74

Orders for payment of money passed by Registrar of

Copyrights and Copyright Board to be executable as a

decree ........................................................................... 75

Protection of action taken in good faith........................ 76

Certain persons to be public servants ........................... 77

Power to make rules ..................................................... 78

Repeals, savings, and transitional provisions ............... 79

An Act to amend and consolidate the law relating to copyright.

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.

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04/06/1957 (30/12/1999), No. 14 (No. 49)

(3) It shall come into force on such date as the Central Government may, by

notification in the Official 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;

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

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

alteration;

(b) “work of architecture” means any building or structure having an artistic character

or design, or any model for such building or structure;

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

(v) in relation to a cinematograph film or sound recording, the producer; and

(vi) in relation to any literary, dramatic, musical or artistic work which is computergenerated,

the person who causes the work to be created;

(dd) “broadcast” means communication to the public—

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04/06/1957 (30/12/1999), No. 14 (No. 49)

(i) by any means of wireless diffusion, whether in any one or more of the forms of

signs, sounds or visual images; or

(ii) by wire,

and includes a re-broadcast;

(e) “calendar year” means the year commencing on the 1st day of January;

(f) “cinematograph film” means any work of visual recording on any medium produced

through a process from which a moving image may be produced by any means and includes a

sound recording accompanying such visual recording and “cinematograph” shall be construed

as including any work produced by any process analogous to cinematography including video

films;

(ff) “communication to the public” means making any work available for being seen or

heard or otherwise enjoyed by the public directly or by any means of display or diffusion

other than by issuing copies of such work regardless of whether any member of the public

actually sees, hears or otherwise enjoys the work so made available.

Explanation.—For the purposes of this clause, communication through satellite or cable

or any other means of simultaneous communication to more than one household or place of

residence including residential rooms of any hotel or hostel shall be deemed to be

communication to the public;

(ffa) “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 informationprocessing

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;

(g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical

instrument or by 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 fixed in

writing or otherwise but does not include a cinematograph film;

(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;

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IN007EN Copyright, Act (Consolidation), page 6/53

04/06/1957 (30/12/1999), No. 14 (No. 49)

(j) “exclusive licence” means a licence which confers on the licensee or on the licensee

and persons authorised by him, to the exclusion of all other persons (including the owner of

the copyright), any right comprised in the copyright in a work, and “exclusive licensee” shall

be construed accordingly;

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

direction or control of—

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

(ii) any Legislature in India;

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

(l) “Indian work” means a literary, dramatic or musical work,—

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

(ii) which is first published in India; or

(iii) the author of which, in the case of an unpublished work, is, at the time of the

making of the work, a citizen of India;

(m) “infringing copy” means,—

(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof

otherwise than in the form of a cinematographic film;

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

any means;

(iii) in relation to a sound recording, any other recording embodying the same sound

recording, made by any means;

(iv) in relation to a programme or performance in which such a broadcast reproduction

right or a performer’s right subsists under the provisions of this Act, the sound recording or a

cinematographic film of such programme or performance,

if such reproduction, copy or sound recording is made or imported in contravention of the

provisions of this Act;

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

(o) “literary work” includes computer programmes, tables and compilations including

computer 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;

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(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;

(r) [omitted]

(s) “photograph” includes photo-lithograph and any work produced by any process

analogous to photography but does not include any part of a cinematograph film;

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

negative, 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;

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

(uu) “producer”, in relation to a cinematograph film or sound recording, means a

person who takes the initiative and responsibility for making the work;

(v) [omitted]

(w) [omitted]

(x) “reprography” means the making of copies of a work, by photocopying or similar

means;

(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;

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

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

(ii) a cinematograph film;

(iii) a 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.

Meaning of publication

3. For the purposes of this Act, “publication” means making a work available to the

public by issue of copies or by communicating the work to the public.

When work not deemed to be published or performed in public

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04/06/1957 (30/12/1999), No. 14 (No. 49)

4. 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.

When work deemed to be first published in India

5. For the purposes of this Act, 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; and a

work shall be deemed to be published simultaneously in India and in another country if the

time between the publication in India and the publication in such other country does not

exceed thirty days or such other period as the Central Government may, in relation to any

specified country, determine.

Certain disputes to be decided by Copyright Board

6. If any question arises,—

(a) whether a work has been published or as to the date on which a work was published

for the purposes of Chapter V, or

(b) whether the term of copyright for any work is shorter in any other country than that

provided in respect of that work under this Act,

it shall be referred to the Copyright Board constituted under section 11 whose decision

thereon shall be final:

Provided that if in the opinion of the Copyright Board, the issue of copies or

communication to the public referred to in section 3 was of an insignificant nature it shall not

be deemed to be publication for the purposes of that section.

Nationality of author where the making of unpublished work

is extended over considerable period

7. Where, in the case of an unpublished work, the making of the work is extended over

a considerable period, the author of the work shall, for the purposes of this Act, be deemed to

be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was

domiciled during any substantial part of that period.

Domicile of corporations

8. For the purposes of this Act, a body corporate shall be deemed to be domiciled in

India if it is incorporated under any law in force in India.

Chapter II

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IN007EN Copyright, Act (Consolidation), page 9/53

04/06/1957 (30/12/1999), No. 14 (No. 49)

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

(2) The Copyright Office shall be under the immediate control of the Registrar of

Copyrights who shall act under the superintendence and direction of the Central Government.

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

Registrar and Deputy Registrars of Copyrights

10.—(1) The Central Government shall appoint a Registrar of Copyrights and may

appoint one or more Deputy Registrars of Copyrights.

(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and

direction of the Registrar of Copyrights such functions of the Registrar under this Act as the

Registrar may, from time to time, assign to him; and any reference in this Act to the Registrar

of Copyrights shall include a reference to a Deputy Registrar of Copyrights when so

discharging any such functions.

11.—(1) As soon as may be after the commencement of this Act, the Central

Government shall constitute a Board to be called the Copyright Board which shall consist of a

Chairman and not less than two nor more than fourteen other members.

(2) The Chairman and other members of the Copyright Board shall hold office for such

period and on such terms and conditions as may be prescribed.

(3) The Chairman of the Copyright Board shall be a person who is, or has been, a Judge

of a High Court or is qualified for appointment as a Judge of a High Court.

(4) The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall

perform such functions as may be prescribed.

Powers and procedure of Copyright Board

12.—(1) The Copyright Board shall, subject to any rules that may be made under this

Act, have power to regulate its own procedure, including the fixing of places and times of its

sittings:

Provided that the Copyright Board shall ordinarily hear any proceeding instituted before

it under this Act within the zone in which, at the time of the institution of the proceeding, the

person instituting the proceeding actually and voluntarily resides or carries on business or

personally works for gain.

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04/06/1957 (30/12/1999), No. 14 (No. 49)

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

States Reorganisation Act, 1956.

(2) The Copyright Board may exercise and discharge its powers and functions through

Benches constituted by the Chairman of the Copyright Board from amongst its members, each

Bench consisting of not less than three members.

Provided that, if the Chairman is of opinion that any matter of importance is required to

be heard by a larger bench, he may refer the matter to a special bench consisting of five

members.

(3) If there is a difference of opinion among the members of the Copyright Board or

any Bench thereof in respect of any matter coming before it for decision under this Act, the

opinion of the majority shall prevail:

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

(4) The Chairman may authorise any of its members to exercise any of the powers

conferred on it by section 74 and any order made or act done in exercise of those powers by

the member so authorised shall be deemed to be the order or act, as the case may be, of the

Board.

(5) No member of the Copyright Board shall take part in any proceedings before the

Board in respect of any matter in which he has a personal interest.

(6) No act done or proceeding taken by the Copyright Board under this Act shall be

questioned on the ground merely of the existence of any vacancy in, or defect in the

constitution of, the Board.

(7) The Copyright Board shall be deemed to be a civil court for the purposes of sections

345 and 346 of the Code of Criminal Procedure, 1973, and all proceedings before the Board

shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the

Indian Penal Code.

Chapter III

Works in which copyright subsists

13.—(1) Subject to the provisions of this section and the other provisions of this Act,

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

(b) cinematograph films; and

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04/06/1957 (30/12/1999), No. 14 (No. 49)

(2) Copyright shall not subsist in any work specified in sub-section (1), other than a

work to which the provisions of section 40 or section 41 apply, unless,—

(i) in the case of a published work, the work is first published in India, or where the

work is first published outside India, the author is at the date of such publication, or in a case

where the author was dead at that date, was at the time of his death, a citizen of India;

(ii) in the case of an unpublished work other than a work of architecture, the author is at

the date of the making of the work a citizen of India or domiciled in India; and

(iii) in the case of a work of architecture, the work is located in India.

Explanation.—In the case of a work of joint authorship, the conditions conferring

(3) Copyright shall not subsist—

(a) in any cinematograph film if a substantial part of the film is an infringement of the

(b) in any 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.

(4) The copyright in a cinematograph film or a sound recording shall not affect the

separate copyright in any work in respect of which or a substantial part of which, the film, or

as the case may be, the sound recording is made.

(5) In the case of a work of architecture, copyright shall subsist only in the artistic

character and design and shall not extend to processes or methods of construction.

Meaning of copyright

14. For the purposes of this Act, “copyright” means the exclusive right subject to the

provisions of this Act, to do or authorise the doing of any of the following acts in respect of a

work or any substantial part thereof, namely:—

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

programme,—

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

by electronic means;

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

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

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

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

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(vii) to do, in relation to a translation or an adaptation of the work, any of the acts

specified in relation to the work in sub-clauses (i) to (vi);

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

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

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any

copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer

programmes where the programme itself is not the essential object of the rental.

(i) to reproduce the work in any material form including depiction in three dimensions

of a two-dimensional work or in two dimensions of a three-dimensional work;

(ii) to communicate the work to the public;

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

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

(v) to make any adaptation of the work;

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

the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—

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

thereof;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of

whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) in the case of a sound recording,—

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

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording

regardless of whether such copy has been sold or given on hire on earlier occasions;

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

Explanation.—For the purposes of this section, a copy which has been sold once shall

be deemed to be a copy already in circulation.

Special provision regarding copyright in designs registered

or capable of being registered under the Designs Act, 1911

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15.—(1) Copyright shall not subsist under this Act in any design which is registered

under the Designs Act, 1911.

(2) Copyright in any design, which is capable of being registered under the Designs

Act, 1911, but which has not been so registered, shall cease as soon as any article to which the

design has been applied has been reproduced more than fifty times by an industrial process by

the owner of the copyright or, with his licence, by any other person.

No copyright except as provided in this Act

16. No person shall be entitled to copyright or any similar right in any work, whether

published or unpublished, otherwise than under and in accordance with the provisions of this

Act or of any other law for the time being in force, but nothing in this section 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

First owner of copyright

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

the copyright therein:

Provided that—

(a) in the case of a literary, dramatic or artistic work made by the author in the course

of his employment by the proprietor of a newspaper, magazine or similar periodical under a

contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine

or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary,

be the first owner of the copyright in the work in so far as the copyright relates to the

publication of the work in any newspaper, magazine or similar periodical, or to the

reproduction of the work for the purpose of its being so published, but in all other respects the

author shall be the first owner of the copyright in the work;

(b) subject to the provision of clause (a), in the case of a photograph taken, or a

painting or portrait drawn, or an engraving or a cinematograph film made, for valuable

consideration at the instance of any person, such person shall, in the absence of any agreement

to the contrary, be the first owner of the copyright therein;

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

(cc) in the case of any address or speech delivered in public, the person who has

delivered such address or speech or if such person has delivered such address or speech on

behalf of any other person, such other person shall be the first owner of the copyright therein

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notwithstanding that the person who delivers such address or speech, or, as the case may be,

the person on whose behalf such address or speech is delivered, is employed by any other

person who arranges such address or speech or on whose behalf or premises such address or

speech is delivered;

(d) in the case of a Government work, Government shall, in the absence of any

agreement to the contrary, be the first owner of the copyright therein;

(dd) in the case of a work made or first published by or under the direction or control of

any public undertaking, such public undertaking shall, in the absence of any agreement to the

contrary, be the first owner of the copyright therein.

Explanation.—For the purposes of this clause and section 28A, “public undertaking”

means—

(i) an undertaking owned or controlled by Government; or

(ii) a Government Company as defined in section 617 of the Companies Act, 1956; or

(iii) a body corporate established by or under any Central, Provincial or State Act;

(e) in the case of a work to which the provisions of section 41 apply, the international

organisation concerned shall be the first owner of the copyright therein.

Assignment of copyright

18.—(1) The owner of the copyright in an existing work or the prospective owner of

the copyright in a future work may assign to any person the copyright either wholly or

partially and either generally or subject to limitations and either for the whole term of the

Provided that in the case of the assignment of copyright in any future work, the

assignment shall take effect only when the work comes into existence.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the

rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and

the provisions of this Act shall have effect accordingly.

(3) In this section, the expression “assignee” as respects the assignment of the

dies before the work comes into existence.

Mode of assignment

19.—(1) 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.

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(2) The assignment of copyright in any work shall identify such work, and shall specify

the rights assigned and the duration and territorial extent of such assignment.

(3) The assignment of copyright in any work shall also specify the amount of royalty

payable, if any, to the author or his legal heirs during the currency of the assignment and the

assignment shall be subject to revision, extension or termination on terms mutually agreed

upon by the parties.

(4) Where the assignee does not exercise the rights assigned to him under any of the

other sub-sections of this section within a period of one year from the date of assignment, the

assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said

period unless otherwise specified in the assignment.

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

date of assignment.

(6) If the territorial extent of assignment of the rights is not specified, it shall be

presumed to extend within India.

(7) 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

Disputes with respect to assignment of copyright

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, then, the Copyright

Board may, on receipt of a complaint from the assignor and after holding such inquiry as it

may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright the Copyright

Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry

as it considers necessary, pass such order as it may deem fit including an order for the

recovery of any royalty payable:

Provided that the Copyright Board shall not pass any order under this sub-section to

revoke the assignment unless it is satisfied that the terms of assignment are harsh to the

assignor in case the assignor is also the author:

Provided further that no order of revocation of assignment under this sub-section, shall

be made within a period of five years from the date of such assignment.

Transmission of copyright in manuscript by testamentary disposition

20. 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, the bequest shall, unless the contrary intention is indicated in the testator’s will or

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any codicil thereto, be construed as including the copyright in the work in so far as the testator

was the owner of the copyright immediately before his death.

Explanation.—In this section, the expression “manuscript” means the original document

embodying the work, whether written by hand or not.

Right of author to relinquish copyright

21.—(1) The author of a work may relinquish all or any of the rights comprised in the

and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist

from the date of the notice.

(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause

it to be published in the Official Gazette and in such other manner as he may deem fit.

(3) The relinquishment of all or any of the rights comprised in the copyright in a work

shall not affect any rights subsisting in favour of any person on the date of the notice referred

to in sub-section (1).

Chapter V

Term of Copyright

Term of copyright in published literary, dramatic, musical and artistic works

22. Except as otherwise hereinafter provided, copyright shall subsist in any literary,

dramatic, musical or artistic work (other than a photograph) published within the lifetime of

the author until sixty years from the beginning of the calendar year next following the year in

which the author dies.

Explanation.—In this section the reference to the author shall, in the case of a work of

joint authorship, be construed as a reference to the author who dies last.

Term of copyright in anonymous and pseudonymous works

23.—(1) In the case of a literary, dramatic, musical or artistic work (other than a

photograph), which is published anonymously or pseudonymously, copyright shall subsist

until sixty years from the beginning of the calendar year next following the year in which the

work is first published:

Provided that where the identity of the author is disclosed before the expiry of the said

period, copyright shall subsist until sixty years from the beginning of the calendar year next

following the year in which the author dies.

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

of joint authorship, be construed,—

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

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(b) where the identity of more authors than one is disclosed, as references to the author

who dies last from amongst such authors.

(3) In sub-section (1), references to the author shall, in the case of a pseudonymous

work of joint authorship, be construed,—

(a) where the names of one or more (but not all) of the authors are pseudonymous and

his or their identity is not disclosed, as references to the author whose name is not a

pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references

to such of those authors who dies last;

(b) where the names of one or more (but not all) of the authors are pseudonyms and the

identity of one or more of them is disclosed, as references to the author who dies last from

amongst the authors whose names are not pseudonyms and the authors whose names are

pseudonyms and are disclosed; and

is disclosed, as references to the author whose identity is disclosed or if the identity of two or

more of such authors is disclosed, as references to such of those authors who dies last.

Explanation.—For the purposes of this section, the identity of an author shall be

deemed to have been disclosed, if either the identity of the author is disclosed publicly by

both the author and the publisher or is otherwise established to the satisfaction of the

Term of copyright in posthumous work

24.—(1) In the case of a literary, dramatic or musical work or an engraving, in which

joint authorship, at or immediately before the date of the death of the author who dies last, but

which, or any adaptation of which, has not been published before that date, copyright shall

subsist until sixty years from the beginning of the calendar year next following that year in

which the work is first published or, where an adaptation of the work is published in any

earlier year, from the beginning of the calendar year next following that year.

(2) For the purposes of this section a literary, dramatic or musical work or an

adaptation of any such work shall be deemed to have been published, if it has been performed

in public or if any sound recordings made in respect of the work have been sold to the public

or have been offered for sale to the public.

Term of copyright in photographs

25. In the case of a photograph, copyright shall subsist until sixty years from the

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

Term of copyright in cinematograph films

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26. In the case of a cinematograph film, copyright shall subsist until sixty years from

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

Term of copyright in sound recordings

27. In the case of a sound recording, copyright shall subsist until sixty years from the

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

published.

Term of copyright in Government work

28. In the case of Government work, where Government is the first owner of the

year next following the year in which the work is first published.

Term of copyright in works of public undertakings

28A. In the case of a work, where a public undertaking is the first owner of the

year next following the year in which the work is first published.

Term of copyright in works of international organisations

29. In the case of a work of an international organisation to which the provisions of

section 41 apply, copyright shall subsist until sixty years from the beginning of the calendar

year next following the year in which the work is first published.

Chapter VI

Licences

Licences by owners of copyright

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

by him or by his duly authorised agent:

Provided that in the case of a licence relating to copyright in any future work, the

licence shall take effect only when the work comes into existence.

Explanation.—Where a person to whom a licence relating to copyright in any future

work is granted under this section dies before the work comes into existence, his legal

representatives shall, in the absence of any provision to the contrary in the licence, be entitled

to the benefit of the licence.

Application of sections 19 and 19A

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30A. The provisions of sections 19 and 19A shall, with any necessary adaptations and

modifications, apply in relation to a licence under section 30 as they apply in relation to

assignment of copyright in a work.

Compulsory licence in works withheld from public

31.—(1) If at any time during the term of copyright in any Indian work which has been

published or performed in public, a complaint is made to the Copyright Board that the owner

of copyright in the work—

(a) has refused to republish or allow the republication of the work or has refused to

allow the performance in public of the work, and by reason of such refusal the work is

withheld from the public; or

(b) has refused to allow communication to the public by broadcast, of such work or in

the case of a sound recording the work recorded in such sound recording, on terms which the

complainant considers reasonable;

the Copyright Board, after giving to the owner of the copyright in the work a reasonable

opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it

is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of

Copyrights to grant to the complainant a licence to republish the work, perform the work in

public or communicate the work to the public by broadcast, as the case may be, subject to

payment to the owner of the copyright of such compensation and subject to such other terms

and conditions as the Copyright Board may determine; and thereupon the Registrar of

Copyrights shall grant the licence to the complainant in accordance with the directions of the

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

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

(ii) a cinematograph film or a sound recording made or manufactured in India.

(2) Where two or more persons have made a complaint under sub-section (1), the

licence shall be granted to the complainant who in the opinion of the Copyright Board would

best serve the interests of the general public.

Compulsory licence in unpublished Indian works

31A.—(1) Where, in the case of an Indian work referred to in sub-clause (iii) of clause

(l) of section 2, the author is dead or unknown or cannot be traced, or the owner of the

licence to publish such work or a translation thereof in any language.

(2) Before making an application under sub-section (1), the applicant shall publish his

proposal in one issue of a daily newspaper in the English language having circulation in the

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major part of the country and where the application is for the publication of a translation in

any language, also in one issue of any daily newspaper in that language.

(3) Every such application shall be made in such form as may be prescribed and shall

be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as

may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may,

after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to

the applicant a licence to publish the work or a translation thereof in the language mentioned

in the application subject to the payment of such royalty and subject to such other terms and

conditions as the Copyright Board may determine, and thereupon the Registrar of Copyrights

shall grant the licence to the applicant in accordance with the direction of the Copyright

Board.

(5) Where a licence is granted under this section, the Registrar of Copyrights may, by

order, direct the applicant to deposit the amount of the royalty determined by the Copyright

Board in the public account of India or in any other account specified by the Copyright Board

so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the

legal representatives to claim such royalty at any time.

(6) Without prejudice to the foregoing provisions of this section, in the case of a work

referred to in sub-section (1), if the original author is dead, the Central Government may, if it

considers that the publication of the work is desirable in the national interest, require the heirs,

executors or legal representatives of the author to publish such work within such period as

may be specified by it.

(7) Where any work is not published within the period specified by the Central

Government under sub-section (6), the Copyright Board may, on an application made by any

person for permission to publish the work and after hearing the parties concerned, permit such

publication on payment of such royalty as the Copyright Board may, in the circumstances of

such case, determine in the prescribed manner.

Licence to produce and publish translations

32.—(1) Any person may apply to the Copyright Board for a licence to produce and

publish a translation of a literary or dramatic work in any language after a period of seven

years from the first publication of the work.

(1A) Notwithstanding anything contained in sub-section (1), any person may apply to

the Copyright Board for a licence to produce and publish a translation, in printed or analogous

forms of reproduction, of a literary or dramatic work, other than an Indian work, in any

language in general use in India after a period of three years from the first publication of such

work, if such translation is required for the purposes of teaching, scholarship or research:

Provided that where such translation is in a language not in general use in any

developed country, such application may be made after a period of one year from such

publication.

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(2) Every application under this section shall be made in such form as may be

prescribed and shall state the proposed retail price of a copy of the translation of the work.

(3) Every applicant for a licence under this section shall, along with his application,

deposit with the Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may,

after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an

exclusive licence, to produce and publish a translation of the work in the language mentioned

in the application—

(i) subject to the condition that the applicant shall pay to the owner of the copyright in

the work royalties in respect of copies of the translation of the work sold to the public,

calculated at such rate as the Copyright Board may, in the circumstances of each case,

determine in the prescribed manner; and

(ii) where such licence is granted on an application under sub-section (1A), subject also

to the condition that the licence shall not extend to the export of copies of the translation of

the work outside India and every copy of such translation shall contain a notice in the

language of such translation that the copy is available for distribution only in India:

Provided that nothing in clause (ii) shall apply to the export by Government or any

authority under the Government of copies of such translation in a language other than English,

French or Spanish to any country if—

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

of such citizens outside India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research

and not for any commercial purpose; and

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

that country:

Provided further that no licence under this section shall be granted, unless—

(a) a translation of the work in the language mentioned in the application has not been

published by the owner of the copyright in the work or any person authorised by him, within

seven years or three years or one year, as the case may be, of the first publication of the work,

or if a translation has been so published, it has been out of print;

(b) the applicant has proved to the satisfaction of the Copyright Board that he had

requested and had been denied authorisation by the owner of the copyright to produce and

publish such translation, or that he was, after due diligence on his part, unable to find the

owner of the copyright;

copy of his request for such authorisation by registered airmail post to the publisher whose

name appears from the work, and in the case of an application for a licence under sub-section

(1), not less than two months before such application;

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(cc) a period of six months in the case of an application under sub-section (1A) (not

being an application under the proviso thereto), or nine months in the case of an application

under the proviso to that sub-section, has elapsed from the date of making the request under

clause (b) of this proviso, or where a copy of the request has been sent under clause (c) of this

proviso, from the date of sending of such copy, and the translation of the work in the language

mentioned in the application has not been published by the owner of the copyright in the work

or any person authorised by him within the said period of six months or nine months, as the

case may be;

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

(i) the name of the author and the title of the particular edition of the work proposed to

be translated are printed on all the copies of the translation;

(ii) if the work is composed mainly of illustrations, the provisions of section 32A are

also complied with;

(d) the Copyright Board is satisfied that the applicant is competent to produce and

publish a correct translation of the work and possesses the means to pay to the owner of the

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

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

(5) Any broadcasting authority may apply to the Copyright Board for a licence to

produce and publish the translation of—

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

of reproduction; or

(b) any text incorporated in audio-visual fixations prepared and published solely for the

purpose of systematic instructional activities,

for broadcasting such translation for the purposes of teaching or for the dissemination of the

results of specialised, technical or scientific research to the experts in any particular field.

(6) The provisions of sub- sections (2) to (4) in so far as they are relatable to an

application under sub-section (1A), shall, with the necessary modifications, apply to the grant

of a licence under sub-section (5) and such licence shall not also be granted unless—

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

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

broadcasting in India by the applicant or by any other broadcasting agency; and

(d) the translation and the broadcasting of such translation are not used for any

commercial purposes.

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Explanation.—For the purposes of this section,—

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

(b) “developing country” means a country which is for the time being regarded as such

in conformity with the practice of the General Assembly of the United Nations;

of research by bodies corporate (not being bodies corporate owned or controlled by

Government) or other associations or body of persons for commercial purposes;

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

(i) purposes of instructional activity at all levels in educational institutions, including

Schools, Colleges, Universities and tutorial institutions; and

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

Licence to reproduce and publish works for certain purposes

32A.—(1) Where, after the expiration of the relevant period from the date of the first

publication of an edition of a literary, scientific or artistic work,—

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

(b) such copies have not been put on sale in India for a period of six months,

to the general public, or in connection with systematic instructional activities at a price

reasonably related to that normally charged in India for comparable works by the owner of the

right of reproduction or by any person authorised by him in this behalf, any person may apply

to the Copyright Board for a licence to reproduce and publish such work in printed or

analogous forms of reproduction at the price at which such edition is sold or at a lower price

for the purposes of systematic instructional activities.

(2) Every such application shall be made in such form as may be prescribed and shall

state the proposed retail price of a copy of the work to be reproduced.

(3) Every applicant for a licence under this section shall, along with his application,

deposit with the Registrar of Copyrights such fee as may be prescribed.

(4) Where an application is made to the Copyright Board under this section, it may,

after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an

exclusive licence, to produce and publish a reproduction of the work mentioned in the

application subject to the conditions that,—

(i) the applicant shall pay to the owner of the copyright in the work royalties in respect

of copies of the reproduction of the work sold to the public, calculated at such rate as the

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(ii) a licence granted under this section shall not extend to the export of copies of the

reproduction of the work outside India and every copy of such reproduction shall contain a

notice that the copy is available for distribution only in India:

Provided that no such licence shall be granted unless—

(a) the applicant has proved to the satisfaction of the Copyright Board that he had

requested and had been denied authorisation by the owner of the copyright in the work to

reproduce and publish such work or that he was, after due diligence on his part, unable to find

such owner;

(b) where the applicant was unable to find the owner of the copyright, he had sent a

copy of his request for such authorisation by registered air-mail post to the publisher whose

name appears from the work not less than three months before the application for the licence;

publish an accurate reproduction of the work and possesses the means to pay to the owner of

the copyright the royalties payable to him under this section;

(d) the applicant undertakes to reproduce and publish the work at such price as may be

fixed by the Copyright Board, being a price reasonably related to the price normally charged

in India for works of the same standard on the same or similar subjects;

(e) a period of six months in the case of an application for the reproduction and

publication of any work of natural science, physical science, mathematics or technology, or a

period of three months in the case of an application for the reproduction and publication of

any other work, has elapsed from the date of making the request under clause (a), or where a

copy of the request has been sent under clause (b), from the date of sending of a copy, and a

reproduction of the work has not been published by the owner of the copyright in the work or

any person authorised by him within the said period of six months or three months, as the case

may be;

(f) the name of the author and the title of the particular edition of the work proposed to

be reproduced are printed on all the copies of the reproduction:

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

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

(5) No licence to reproduce and publish the translation of a work shall be granted under

this section unless such translation has been published by the owner of the right of translation

or any person authorised by him and the translation is not in a language in general use in

India.

(6) The provisions of this section shall also apply to the reproduction and publication,

or translation into a language in general use in India, of any text incorporated in audio-visual

fixations prepared and published solely for the purpose of systematic instructional activities.

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Explanation.—For the purposes of this section, “relevant period”, in relation to any

work, means a period of—

(a) seven years from the date of the first publication of that work, where the application

is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama,

music or art;

(b) three years from the date of the first publication of that work, where the application

is for the reproduction and publication of any work of, or relating to, natural science, physical

science, mathematics or technology; and

Termination of licences issued under this Chapter

32B.—(1) If, at any time after the granting of a licence to produce and publish the

translation of a work in any language under sub-section (1A) of section 32 (hereafter in this

sub-section referred to as the licensed work), the owner of the copyright in the work or any

person authorised by him publishes a translation of such work in the same language and

which is substantially the same in content at a price reasonably related to the price normally

charged in India for the translation of works of the same standard on the same or similar

subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of

three months from the date of service of a notice in the prescribed manner on the person

holding such licence by the owner of the right of translation intimating the publication of the

translation as aforesaid:

Provided further that copies of the licensed work produced and published by the person

holding such licence before the termination of the licence takes effect may continue to be sold

or distributed until the copies already produced and published are exhausted.

(2) If, at any time after the granting of a licence to produce and publish the

reproduction or translation of any work under section 32A, the owner of the right of

reproduction or any person authorised by him sells or distributes copies of such work or a

translation thereof, as the case may be, in the same language and which is substantially the

same in content at a price reasonably related to the price normally charged in India for works

of the same standard on the same or similar subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after expiry of a period of three

months from the date of service of a notice in the prescribed manner on the person holding the

licence by the owner of the right of reproduction intimating the sale or distribution of the

copies of the editions of work as aforesaid:

Provided further that any copies already reproduced by the licensee before such

termination takes effect may continue to be sold or distributed until the copies already

produced are exhausted.

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Chapter VII

Registration of Copyright Society

33.—(1) No person or association of persons shall, after coming into force of the

licences in respect of any work in which copyright subsists or in respect of any other rights

conferred by this Act except under or in accordance with the registration granted under subsection

(3):

Provided that an owner of copyright shall, in his individual capacity, continue to have

the right to grant licences in respect of his own works consistent with his obligations as a

member of the registered copyright society:

Provided further that a performing rights society functioning in accordance with the

provisions of section 33 on the date immediately before the coming into force of the

of this Chapter and every such society shall get itself registered within a period of one year

from the date of commencement of the Copyright (Amendment) Act, 1994.

(2) Any association of persons who fulfils such conditions as may be prescribed may

apply for permission to do the business specified in sub-section (1) to the Registrar of

Copyrights who shall submit the application to the Central Government.

(3) The Central Government may, having regard to the interests of the authors and

other owners of rights under this Act, the interest and convenience of the public and in

particular of the groups of persons who are most likely to seek licences in respect of the

relevant rights and the ability and professional competence of the applicants, register such

association of persons as a copyright society subject to such conditions as may be prescribed:

Provided that the Central Government shall not ordinarily register more than one

(4) The Central Government may, if it is satisfied that a copyright society is being

managed in a manner detrimental to the interests of the owners of rights concerned, cancel the

registration of such society after such inquiry as may be prescribed.

(5) If the Central Government is of the opinion that in the interest of the owners of

rights concerned, it is necessary so to do, it may, by order, suspend the registration of such

society pending inquiry for such period not exceeding one year as may be specified in such

order under sub-section (4) and that Government shall appoint an administrator to discharge

the functions of the copyright society.

Administration of rights of owner by copyright society

34.—(1) Subject to such conditions as may be prescribed,—

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(a) a copyright society may accept from an owner of rights exclusive authorisation to

administer any right in any work by issue of licences or collection of licence fees or both; and

(b) an owner of rights shall have the right to withdraw such authorisation without

prejudice to the rights of the copyright society under any contract.

(2) It shall be competent for a copyright society to enter into agreement with any

foreign society or organisation administering rights corresponding to rights under this Act, to

entrust to such foreign society or organisation the administration in any foreign country of

rights administered by the said copyright society in India, or for administering in India the

rights administered in a foreign country by such foreign society or organisation:

Provided that no such society or organisation shall permit any discrimination in regard

to the terms of licence or the distribution of fees collected between rights in Indian and other

works.

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

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

(ii) collect fees in pursuance of such licences;

(iii) distribute such fees among owners of rights after making deductions for its own

expenses;

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

Payment of remunerations by copyright society

34A.—(1) If the Central Government is of the opinion that a copyright society for a

class of work is generally administering the rights of the owners of rights in such work

throughout India, it shall appoint that society for the purposes of this section.

(2) The copyright society shall, subject to such rules as may be made in this behalf,

frame a scheme for determining the quantum of remuneration payable to individual copyright

owners having regard to the number of copies of the work in circulation:

Provided that such scheme shall restrict payment to the owners of rights whose works

have attained a level of circulation which the copyright society considers reasonable.

Control over the copyright society by the owner of rights

35.—(1) Every copyright society shall be subject to the collective control of the owners

of rights under this Act whose rights it administers (not being owners of rights under this Act

administered by a foreign society or organisation referred to in sub-section (2) of section 34)

and shall, in such manner as may be prescribed,—

(a) obtain the approval of such owners of rights for its procedures of collection and

distribution of fees;

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(b) obtain their approval for the utilisation of any amounts collected as fees for any

purpose other than distribution to the owner of rights; and

activities, in relation to the administration of their rights.

(2) All fees distributed among the owners of rights shall, as far as may be, be

distributed in proportion to the actual use of their works.

Submission of returns and reports

36.—(1) Every copyright society shall submit to the Registrar of Copyrights such

returns as may be prescribed.

(2) Any officer duly authorised by the Central Government in this behalf may call for

any report and also call for any records of any copyright society for the purpose of satisfying

himself that the fees collected by the society in respect of rights administered by it are being

utilised or distributed in accordance with the provisions of this Act.

Rights and liabilities of performing rights societies

36A. Nothing in this Chapter shall affect any rights or liabilities in any work in

connection with a performing rights society which had accrued or were incurred on or before

the day prior to the commencement of the Copyright (Amendment) Act, 1994, or any legal

proceedings in respect of any such rights or liabilities pending on that day.

Chapter VIII

Rights of Broadcasting Organisation and of Performers

Broadcast reproduction right

37.—(1) Every broadcasting organisation shall have a special right to be known as

“broadcast reproduction right” in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the

beginning of the calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any

broadcast, any person who, without the licence of the owner of the right does any of the

following acts of the broadcast or any substantial part thereof,—

(a) re-broadcasts the broadcast; or

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

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(d) makes any reproduction of such sound recording or visual recording where such

initial recording was done without licence or, where it was licensed, for any purpose not

envisaged by such licence; or

(e) sells or hires to the public, or offers for such sale or hire, any such sound recording

or visual recording referred to in clause (c) or clause (d),

shall, subject to the provisions of section 39, be deemed to have infringed the broadcast

reproduction right.

Performer’s right

38.—(1) Where any performer appears or engages in any performance, he shall have a

special right to be known as the “performer’s right” in relation to such performance.

(2) The performer’s right shall subsist until fifty years from the beginning of the

calendar year next following the year in which the performance is made.

(3) During the continuance of a performer’s right in relation to any performance, any

person who, without the consent of the performer, does any of the following acts in respect of

the performance or any substantial part thereof, namely:—

(a) makes a sound recording or visual recording of the performance; or

(b) reproduces a sound recording or visual recording of the performance, which sound

recording or visual recording was—

(i) made without the performer’s consent; or

(ii) made for purposes different from those for which the performer gave his consent;

(iii) made for purposes different from those referred to in section 39 from a sound

recording or visual recording which was made in accordance with section 39; or

recording or visual recording other than one made in accordance with section 39, or is a rebroadcast

by the same broadcasting organisation of an earlier broadcast which did not infringe

the performer’s right; or

(d) communicates the performance to the public otherwise than by broadcast, except

where such communication to the public is made from a sound recording or a visual recording

or a broadcast,

shall, subject to the provisions of section 39, be deemed to have infringed the performer’s

right.

(4) Once a performer has consented to the incorporation of his performance in a

cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no further

application to such performance.

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Acts not infringing broadcast reproduction right or performer’s right

39. No broadcast reproduction right or performer’s right shall be deemed to be

infringed by—

(a) the making of any sound recording or visual recording for the private use of the

person making such recording, or solely for purposes of bona fide teaching or research; or

(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast

in the reporting of current events or for bona fide review, teaching or research; or

constitute infringement of copyright under section 52.

Other provisions applying to broadcast reproduction right and performer’s right

39A. Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary

adaptations and modifications, apply in relation to the broadcast reproduction right in any

broadcast and the performer’s right in any performance as they apply in relation to copyright

in a work:

Provided that where copyright or performer’s right subsists in respect of any work or

performance that has been broadcast, no licence to reproduce such broadcast shall take effect

without the consent of the owner of rights or performer, as the case may be, or both of them.

Chapter IX

International Copyright

Power to extend copyright to foreign works

40. The Central Government may, by order published in the Official Gazette, direct that

all or any provisions of this Act shall apply—

(a) to works first published in any territory outside India to which the order relates in

like manner as if they were first published within India;

(b) to unpublished works, or any class thereof, the authors whereof were at the time of

the making of the work, subjects or citizens of a foreign country to which the order relates, in

like manner as if the authors were citizens of India;

manner as if such domicile were in India;

(d) to any work of which the author was at the date of the first publication thereof, or,

in a case where the author was dead at that date, was at the time of his death, a subject or

citizen of a foreign country to which the order relates in like manner as if the author was a

citizen of India at that date or time;

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and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply

accordingly:

Provided that—

(i) before making an order under this section in respect of any foreign country (other

than a country with which India has entered into a treaty or which is a party to a convention

relating to copyright to which India is also a party), the Central Government shall be satisfied

that that foreign country has made, or has undertaken to make, such provisions, if any, as it

appears to the Central Government expedient to require for the protection in that country of

works entitled to copyright under the provisions of this Act;

(ii) the order may provide that the provisions of this Act shall apply either generally or

in relation to such classes of works or such classes of cases as may be specified in the order;

(iii) the order may provide that the term of copyright in India shall not exceed that

conferred by the law of the country to which the order relates;

(iv) the order may provide that the enjoyment of the rights conferred by this Act shall

be subject to the accomplishment of such conditions and formalities, if any, as may be

prescribed by the order;

(v) in applying the provisions of this Act as to ownership of copyright, the order may

make such exceptions and modifications as appear necessary, having regard to the law of the

foreign country;

(vi) the order may provide that this Act or any part thereof shall not apply to works

made before the commencement of the order or that this Act or any part thereof shall not

apply to works first published before the commencement of the order.

Power of Central Government to apply Chapter VIII to broadcasting organisations

and performers in certain other countries

40A.—(1) If the Central Government is satisfied that a foreign country (other than a

country with which India has entered into a treaty or which is a party to a convention relating

to rights of broadcasting organisations and performers to which India is also a party) has made

or has undertaken to make such provisions, if any, as it appears to the Central Government

expedient to require, for the protection in that foreign country, of the rights of broadcasting

organisations and performers as is available under this Act, it may, by order published in the

Official Gazette, direct that the provisions of Chapter VIII shall apply—

(a) to broadcasting organisations whose headquarters is situated in a country to which

the order relates or, the broadcast was transmitted from a transmitter situated in a country to

which the order relates as if the headquarters of such organisation were situated in India or

such broadcast were made from India;

(b) to performances that took place outside India to which the order relates in like

manner as if they took place in India;

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which the order relates as if it was published in India;

(d) to performances not fixed on a sound recording broadcast by a broadcasting

organisation the headquarters of which is located in a country to which the order relates or

where the broadcast is transmitted from a transmitter which is situated in a country to which

the order relates as if the headquarters of such organisation were situated in India or such

broadcast were made from India.

(2) Every order made under sub-section (1) may provide that—

(i) the provisions of Chapter VIII shall apply either generally or in relation to such class

or classes of broadcasts or performances or such other class or classes of cases as may be

specified in the order;

(ii) the term of the rights of broadcasting organisations and performers in India shall

not exceed such term as is conferred by the law of the country to which the order relates;

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the

accomplishment of such conditions and formalities, if any, as may be specified in that order;

(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances

made before the commencement of the order or that Chapter VIII or any part thereof shall not

apply to broadcasts and performances broadcast or performed before the commencement of

the order;

(v) in case of ownership of rights of broadcasting organisations and performers, the

provisions of Chapter VIII shall apply with such exceptions and modifications as the Central

Government may, having regard to the law of the foreign country, consider necessary.

Provisions as to works of certain international organisations

41.—(1) Where—

(a) any work is made or first published by or under the direction or control of any

organisation to which this section applies, and

(b) there would, apart from this section, be no copyright in the work in India at the time

of the making or, as the case may be, of the first publication thereof, and

(i) the work is published as aforesaid in pursuance of an agreement in that behalf with

the author, being an agreement which does not reserve to the author the copyright, if any, in

the work, or

(ii) under section 17 any copyright in the work would belong to the organisation;

there shall, by virtue of this section, be copyright in the work throughout India.

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(2) Any organisation to which this section applies which at the material time had not

the legal capacity of a body corporate shall have and be deemed at all material times to have

had the legal capacity of a body corporate for the purpose of holding, dealing with, and

enforcing copyright and in connection with all legal proceedings relating to copyright.

(3) The organisations to which this section applies are such organisations as the Central

Government may, by order published in the Official Gazette, declare to be organisations of

which one or more sovereign powers or the Government or Governments thereof are members

to which it is expedient that this section shall apply.

Power to restrict rights in works of foreign authors first published in India

42. If it appears to the Central Government that a foreign country does not give or has

not undertaken to give adequate protection to the works of Indian authors, the Central

Government may, by order published in the Official Gazette, direct that such of the provisions

of this Act as confer copyright on works first published in India shall not apply to works,

published after the date specified in the order, the authors whereof are subjects or citizens of

such foreign country and are not domiciled in India, and thereupon those provisions shall not

apply to such works.

Power to restrict rights of foreign broadcasting organisations and performers

42A. If it appears to the Central Government that a foreign country does not give or has

not undertaken to give adequate protection to rights of broadcasting organisations or

performers, the Central Government may, by order published in the Official Gazette, direct

that such of the provisions of this Act as confer right to broadcasting organisations or

performers, as the case may be, shall not apply to broadcasting organisations or performers

whereof are based or incorporated in such foreign country or are subjects or citizens of such

foreign country and are not incorporated or domiciled in India, and thereupon those

provisions shall not apply to such broadcasting organisations or performers.

Orders under this Chapter to be laid before Parliament

43. Every order made by the Central Government under this Chapter shall, as soon as

may be after it is made, be laid before both Houses of Parliament and shall be subject to such

modifications as Parliament may make during the session in which it is so laid or the session

immediately following.

Chapter X

Registration of Copyright

44. There shall be kept at the Copyright Office a register in the prescribed form to be

called the Register of Copyrights in which may be entered the names or titles of works and the

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names and addresses of authors, publishers and owners of copyright and such other particulars

as may be prescribed.

Entries in Register of Copyrights

45.—(1) The author or publisher of, or the owner of or other person interested in the

prescribed fee to the Registrar of Copyrights for entering particulars of the work in the

Provided that in respect of an artistic work which is used or is capable of being used in

relation to any goods, the application shall include a statement to that effect and shall be

accompanied by a certificate from the Registrar of Trade Marks referred to in section 4 of the

Trade and Merchandise Marks Act, 1958, to the effect that no trade mark identical with or

deceptively similar to such artistic work has been registered under that Act in the name of, or

that no application has been made under that Act for such registration by, any person other

than the applicant.

(2) On receipt of an application in respect of any work under sub-section (1), the

Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the

particulars of the work in the Register of Copyrights.

Indexes

46. There shall be also kept at the Copyright Office such indexes of the Register of

Copyrights as may be prescribed.

Form and inspection of register

47. The Register of Copyrights and indexes thereof kept under this Act shall at all

reasonable times be open to inspection, and any person shall be entitled to take copies of, or

make extracts from, such register or indexes on payment of such fee and subject to such

conditions as may be prescribed.

48. The Register of Copyrights shall be prima facie evidence of the particulars entered

therein and documents purporting to be copies of any entries therein, or extracts therefrom

certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall

be admissible in evidence in all courts without further proof or production of the original.

Correction of entries in the Register of Copyrights

49. The Registrar of Copyrights may, in the prescribed cases and subject to the

prescribed conditions, amend or alter the Register of Copyrights by—

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

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

omission.

Rectification of Register by Copyright Board

50. The Copyright Board, on application of the Registrar of Copyrights or of any

person aggrieved, shall order the rectification of the Register of Copyrights by—

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

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

Entries in the Register of Copyrights, etc., to be published

50A. Every entry made in the Register of Copyrights or the particulars of any work

entered under section 45, the correction of every entry made in such register under section 49,

and every rectification ordered under section 50, shall be published by the Registrar of

Copyrights in the Official Gazette or in such other manner as he may deem fit.

Chapter XI

Infringement of Copyright

When copyright infringed

51. Copyright in a work shall be deemed to be infringed—

(a) when any person, without a licence granted by the owner of the copyright or the

Registrar of Copyrights under this Act or in contravention of the conditions of a licence so

granted or of any condition imposed by a competent authority under this Act—

(i) does anything, the exclusive right to do which is by the Act conferred upon the

owner of the copyright, or

(ii) permits for profit any place to be used for the communication of the work to the

public where such communication constitutes an infringement of the copyright in the work,

unless he was not aware and had no reasonable ground for believing that such communication

to the public would be an infringement of copyright; or

(b) when any person—

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

for sale or hire, or

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

prejudicially the owner of the copyright, or

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

(iv) imports into India,

any infringing copies of the work:

Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any

work for the private and domestic use of the importer.

Explanation.—For the purposes of this section, the reproduction of a literary, dramatic,

musical or artistic work in the form of a cinematograph film shall be deemed to be an

“infringing copy”.

Certain acts not to be infringement of copyright

52.—(1) The following acts shall not constitute an infringement of copyright,

namely:—

(a) a fair dealing with a literary, dramatic, musical or artistic work, not being a

computer programme, for the purposes of—

(i) private use, including research;

(ii) criticism or review, whether of that work or of any other work;

(aa) the making of copies or adaptation of a computer programme by the lawful

possessor of a copy of such computer programme, from such copy—

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

supplied; or

(ii) to make back-up copies purely as a temporary protection against loss, destruction or

damage in order only to utilise the computer programme for the purpose for which it was

supplied;

(ab) the doing of any act necessary to obtain information essential for operating interoperability

of an independently created computer programme with other programmes by a

lawful possessor of a computer programme provided that such information is not otherwise

readily available;

(ac) the observation, study or test of functioning of the computer programme in order

to determine the ideas and principles which underline any elements of the programme while

performing such acts necessary for the functions for which the computer programme was

supplied;

(ad) the making of copies or adaptation of the computer programme from a personally

legally obtained copy for non-commercial personal use;

(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of

reporting current events—

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(i) in a newspaper, magazine or similar periodical, or

(ii) by broadcast or in a cinematograph film or by means of photographs.

Explanation.—The publication of a compilation of addresses or speeches delivered in

public is not a fair dealing of such work within the meaning of this clause;

judicial proceeding or for the purpose of a report of a judicial proceeding;

(d) the reproduction or publication of a literary, dramatic, musical or artistic work in

any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two

Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the

members of that Legislature;

(e) the reproduction of any literary, dramatic or musical work in a certified copy made

or supplied in accordance with any law for the time being in force;

(f) the reading or recitation in public of any reasonable extract from a published literary

or dramatic work;

(g) the publication in a collection, mainly composed of non-copyright matter, bona fide

intended for the use of educational institutions, and so described in the title and in any

advertisement issued by or on behalf of the publisher, of short passages from published

literary or dramatic works, not themselves published for the use of educational institutions, in

which copyright subsists:

Provided that not more than two such passages from works by the same author are

published by the same publisher during any period of five years.

Explanation.—In the case of a work of joint authorship, references in this clause to

passages from works shall include references to passages from works by any one or more of

the authors of those passages or by any one or more of those authors in collaboration with any

other person;

(h) the reproduction of a literary, dramatic, musical or artistic work—

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

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

(iii) answers to such questions;

(i) the performance, in the course of the activities of an educational institution, of a

literary, dramatic or musical work by the staff and students of the institution, or of a

cinematograph film or a sound recording, if the audience is limited to such staff and students,

the parents and guardians of the students and persons directly connected with the activities of

the institution or the communication to such an audience of a cinematograph film or sound

recording;

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(j) the making of sound recordings in respect of any literary, dramatic or musical work,

if—

(i) sound recordings of that work have been made by or with the licence or consent of

the owner of the right in the work;

(ii) the person making the sound recordings has given a notice of his intention to make

the sound recordings, has provided copies of all covers or labels with which the sound

recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the

work royalties in respect of all such sound recordings to be made by him, at the rate fixed by

the Copyright Board in this behalf:

Provided that—

(i) no alterations shall be made which have not been made previously by or with the

consent of the owner of rights, or which are not reasonably necessary for the adaptation of the

work for the purpose of making the sound recordings;

(ii) the sound recordings shall not be issued in any form of packaging or with any label

which is likely to mislead or confuse the public as to their identity;

(iii) no such sound recording shall be made until the expiration of two calendar years

after the end of the year in which the first sound recording of the work was made; and

(iv) the person making such sound recordings shall allow the owner of rights or his

duly authorised agent or representative to inspect all records and books of account relating to

such sound recording:

Provided further that if on a complaint brought before the Copyright Board to the effect

that the owner of rights has not been paid in full for any sound recordings purporting to be

made in pursuance of this clause, the Copyright Board is, prima facie, satisfied that the

complaint is genuine, it may pass an order ex parte directing the person making the sound

recording to cease from making further copies and, after holding such inquiry as it considers

necessary, make such further order as it may deem fit, including an order for payment of

royalty;

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

(i) in an enclosed room or hall meant for the common use of residents in any residential

premises (not being a hotel or similar commercial establishment) as part of the amenities

provided exclusively or mainly for residents therein; or

(ii) as part of the activities of a club or similar organisation which is not established or

conducted for profit;

(l) the performance of a literary, dramatic or musical work by an amateur club or

society, if the performance is given to a non-paying audience, or for the benefit of a religious

institution;

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(m) the reproduction in a newspaper, magazine or other periodical of an article on

current economic, political, social or religious topics, unless the author of such article has

expressly reserved to himself the right of such reproduction;

(n) the publication in a newspaper, magazine or other periodical of a report of a lecture

delivered in public;

(o) the making of not more than three copies of a book (including a pamphlet, sheet of

music, map, chart or plan) by or under the direction of the person in charge of a public library

for the use of the library if such book is not available for sale in India;

(p) the reproduction, for the purpose of research or private study or with a view to

publication, of an unpublished literary, dramatic or musical work kept in a library, museum or

other institution to which the public has access:

Provided that where the identity of the author of any such work or, in the case of a work

of joint authorship, of any of the authors is known to the library, museum or other institution,

as the case may be, the provisions of this clause shall apply only if such reproduction is made

at a time more than sixty years from the date of the death of the author or, in the case of a

work of joint authorship, from the death of the author whose identity is known or, if the

identity of more authors than one is known from the death of such of those authors who dies

last;

(q) the reproduction or publication of—

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

Legislature;

(ii) any Act of a Legislature subject to the condition that such Act is reproduced or

published together with any commentary thereon or any other original matter;

(iii) the report of any committee, commission, council, board or other like body

appointed by the Government if such report has been laid on the Table of the Legislature,

unless the reproduction or publication of such report is prohibited by the Government;

(iv) any judgment or order of a court, tribunal or other judicial authority, unless the

reproduction or publication of such judgment or order is prohibited by the court, the tribunal

or other judicial authority, as the case may be;

(r) the production or publication of a translation in any Indian language of an Act of a

Legislature and of any rules or orders made thereunder—

(i) if no translation of such Act or rules or orders in that language has previously been

produced or published by the Government; or

(ii) where a translation of such Act or rules or orders in that language has been

produced or published by the Government, if the translation is not available for sale to the

public:

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Provided that such translation contains a statement at a prominent place to the effect that

the translation has not been authorised or accepted as authentic by the Government;

(s) the making or publishing of a painting, drawing, engraving or photograph of a work

of architecture or the display of a work of architecture;

(t) the making or publishing of a painting, drawing, engraving or photograph of a

sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such

work is permanently situate in a public place or any premises to which the public has access;

(u) the inclusion in a cinematograph film of—

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

public has access; or

(ii) any other artistic work, if such inclusion is only by way of background or is

otherwise incidental to the principal matters represented in the film;

(v) the use by the author of an artistic work, where the author of such work is not the

owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him

for the purpose of the work:

Provided that he does not thereby repeat or imitate the main design of the work;

(w) [omitted]

(x) the reconstruction of a building or structure in accordance with the architectural

drawings or plans by reference to which the building or structure was originally constructed:

Provided that the original construction was made with the consent or licence of the

owner of the copyright in such drawings and plans;

(y) in relation to a literary, dramatic or musical work recorded or reproduced in any

cinematograph film, the exhibition of such film after the expiration of the term of copyright

therein:

Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b)

and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is

accompanied by an acknowledgment—

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

(ii) unless the work is anonymous or the author of the work has previously agreed or

required that no acknowledgment of his name should be made, also identifying the author;

(z) the making of an ephemeral recording, by a broadcasting organisation using its own

facilities for its own broadcast by a broadcasting organisation of a work which it has the right

to broadcast; and the retention of such recording for archival purposes on the ground of its

exceptional documentary character;

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(za) the performance of a literary, dramatic or musical work or the communication to

the public of such work or of a sound recording in the course of any bona fide religious

ceremony or an official ceremony held by the Central Government or the State Government

or any local authority.

Explanation.—For the purpose of this clause, religious ceremony including a marriage

procession and other social festivities associated with a marriage.

(2) The provisions of sub- section (1) shall apply to the doing of any act in relation to

the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic,

musical or artistic work as they apply in relation to the work itself.

Particulars to be included in sound recordings and video films

52A.—(1) No person shall publish a sound recording in respect of any work unless the

following particulars are displayed on the sound recording and on any container thereof,

namely:—

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

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

(2) No person shall publish a video film in respect of any work unless the following

particulars are displayed in the video film, when exhibited, and on the video cassette or other

container thereof, namely:—

(a) if such work is a cinematograph film required to be certified for exhibition under

the provisions of the Cinematograph Act, 1952, a copy of the certificate granted by the Board

of Film Certification under section 5A of that Act in respect of such work;

(b) the name and address of the person who has made the video film and a declaration

by him that he has obtained the necessary licence or consent from the owner of the copyright

in such work for making such video film; and

Accounts and audit

52B.—(1) Every copyright society appointed under section 34A shall maintain proper

accounts and other relevant records and prepare an annual statement of accounts, in such form

and in such manner as may be prescribed by the Central Government in consultation with the

Comptroller and Auditor-General of India.

(2) The accounts of each of the copyright societies in relation to the payments received

from the Central Government shall be audited by the Comptroller and Auditor-General of

India at such intervals as may be specified by him and any expenditure incurred in connection

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with such audit shall be payable by the copyright society to the Comptroller and Auditor-

General.

(3) The Comptroller and Auditor-General of India or any other person appointed by

him in connection with the audit of the accounts of the copyright society referred to in subsection

(2) shall have the same rights and privileges and authority in connection with such

audit as the Comptroller and Auditor-General has in connection with the audit of the

Government accounts and, in particular, shall have the right to demand the production of

books, accounts and other documents and papers and to inspect any of the offices of the

(4) The accounts of each of the copyright societies as certified by the Comptroller and

Auditor-General of India or any other person appointed by him in this behalf together with the

audit report thereon shall be forwarded annually to the Central Government and that

Government shall cause the same to be laid before each House of Parliament.

Importation of infringing copies

53.—(1) The Registrar of Copyrights, on application by the owner of the copyright in

any work or by his duly authorised agent and on payment of the prescribed fee, may, after

making such inquiry as he deems fit, order that copies made out of India of the work which if

made in India would infringe copyright shall not be imported.

(2) Subject to any rules made under this Act, the Registrar of Copyrights or any person

authorised by him in this behalf may enter any ship, dock or premises where any such copies

as are referred to in sub-section (1) may be found and may examine such copies.

(3) All copies to which any order made under sub-section (1) applies shall be deemed

to be goods of which the import has been prohibited or restricted under section 11 of the

Customs Act, 1962, and all the provisions of that Act shall have effect accordingly:

Provided that all such copies confiscated under the provisions of the said Act shall not

vest in the Government but shall be delivered to the owner of the copyright in the work.

Resale share right in original copies

53A.—(1) In the case of resale for a price exceeding ten thousand rupees, of the

original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or

dramatic work or musical work, the author of such work if he was the first owner of rights

under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such

work, have a right to share in the resale price of such original copy or manuscript in

accordance with the provisions of this section:

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

the work.

(2) The share referred to in sub-section (1) shall be such as the Copyright Board may

fix and the decision of the Copyright Board in this behalf shall be final:

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Provided that the Copyright Board may fix different shares for different classes of work:

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

(3) If any dispute arises regarding the right conferred by this section, it shall be referred

to the Copyright Board whose decision shall be final.

Chapter XII

Civil Remedies

Definition

54. For the purposes of this Chapter, unless the context otherwise requires, the

expression “owner of copyright” shall include—

(a) an exclusive licensee;

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic

work, the publisher of the work, until the identity of the author or, in the case of an

anonymous work of joint authorship, or a work of joint authorship published under names all

of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the

author and the publisher or is otherwise established to the satisfaction of the Copyright Board

by that author or his legal representatives.

Civil remedies for infringement of copyright

55.—(1) Where copyright in any work has been infringed, the owner of the copyright

shall, except as otherwise provided by this Act, be entitled to all such remedies by way of

injunction, damages, accounts and otherwise as are or may be conferred by law for the

infringement of a right:

Provided that if the defendant proves that at the date of the infringement he was not

aware and had no reasonable ground for believing that copyright subsisted in the work, the

plaintiff shall not be entitled to any remedy other than an injunction in respect of the

infringement and a decree for the whole or part of the profits made by the defendant by the

sale of the infringing copies as the court may in the circumstances deem reasonable.

(2) Where, in the case of a literary, dramatic, musical or artistic work, a name

purporting to be that of the author or the publisher, as the case may be, appears on copies of

the work as published, or, in the case of an artistic work, appeared on the work when it was

made, the person whose name so appears or appeared shall, in any proceeding in respect of

infringement of copyright in such work, be presumed, unless the contrary is proved, to be the

author or the publisher of the work, as the case may be.

(3) The costs of all parties in any proceedings in respect of the infringement of

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Protection of separate rights

56. Subject to the provisions of this Act, where the several rights comprising the

the extent of that right, be entitled to the remedies provided by this Act and may individually

enforce such right by means of any suit, action or other proceeding without making the owner

of any other right a party to such suit, action or other proceeding.

Author’s special rights

57.—(1) Independently of the author’s copyright and even after the assignment either

wholly or partially of the said copyright, the author of a work shall have the right—

(a) to claim authorship of the work; and

(b) to restrain or claim damages in respect of any distortion, mutilation, modification or

other act in relation to the said work which is done before the expiration of the term of

honour or reputation:

Provided that the author shall not have any right to restrain or claim damages in respect

of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section

52 applies.

Explanation.—Failure to display a work or to display it to the satisfaction of the author

shall not be deemed to be an infringement of the rights conferred by this section.

(2) The right conferred upon an author of a work by sub-section (1), other than the right

to claim authorship of the work, may be exercised by the legal representatives of the author.

Rights of owner against persons possessing

or dealing with infringing copies

58. All infringing copies of any work in which copyright subsists, and all plates used or

intended to be used for the production of such infringing copies, shall be deemed to be the

property of the owner of the copyright, who accordingly may take proceedings for the

recovery of possession thereof or in respect of the conversion thereof:

Provided that the owner of the copyright shall not be entitled to any remedy in respect

of the conversion of any infringing copies, if the opponent proves—

(a) that he was not aware and had no reasonable ground to believe that copyright

subsisted in the work of which such copies are alleged to be infringing copies; or

(b) that he had reasonable grounds for believing that such copies or plates do not

involve infringement of the copyright in any work.

Restriction on remedies in the case of works of architecture

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59.—(1) Notwithstanding anything contained in the Specific Relief Act, 1963, where

the construction of a building or other structure which infringes or which, if completed, would

infringe the copyright in some other work has been commenced, the owner of the copyright

shall not be entitled to obtain an injunction to restrain the construction of such building or

structure or to order its demolition.

(2) Nothing in section 58 shall apply in respect of the construction of a building or

other structure which infringes or which, if completed, would infringe the copyright in some

other work.

Remedy in the case of groundless threat

of legal proceedings

60. Where any person claiming to be the owner of copyright in any work, by circulars,

advertisements or otherwise, threatens any other person with any legal proceedings or liability

in respect of an alleged infringement of the copyright, any person aggrieved thereby may,

notwithstanding anything contained in section 34 of the Specific Relief Act, 1963, institute a

declaratory suit that the alleged infringement to which the threats related was not in fact an

infringement of any legal rights of the person making such threats and may in any such suit—

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

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

Provided that this section shall not apply if the person making such threats, with due

diligence, commences and prosecutes an action for infringement of the copyright claimed by

him.

Owner of copyright to be party to the proceeding

61.—(1) In every civil suit or other proceeding regarding infringement of copyright

instituted by an exclusive licensee, the owner of the copyright shall, unless the court

otherwise directs, be made a defendant and where such owner is made a defendant, he shall

have the right to dispute the claim of the exclusive licensee.

(2) Where any civil suit or other proceeding regarding infringement of copyright

instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect

of the same cause of action shall lie at the instance of the owner of the copyright.

Jurisdiction of court over matters arising

under this Chapter

62.—(1) Every suit or other civil proceeding arising under this Chapter in respect of the

infringement of copyright in any work or the infringement of any other right conferred by this

Act shall be instituted in the district court having jurisdiction.

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(2) For the purpose of sub-section (1), a “district court having jurisdiction” shall,

notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for

the time being in force, include a district court within the local limits of whose jurisdiction, at

the time of the institution of the suit or other proceeding, the person instituting the suit or

other proceeding or, where there are more that one such persons, any of them actually and

voluntarily resides or carries on business or personally works for gain.

Chapter XIII

Offences

Offence of infringement of copyright

or other rights conferred by this Act

63. Any person who knowingly infringes or abets the infringement of—

(a) the copyright in a work, or

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

shall be punishable with imprisonment for a term which shall not be less than six months but

which may extend to three years and with fine which shall not be less than fifty thousand

rupees but which may extend to two lakh rupees:

Provided that where the infringement has not been made for gain in the course of trade

or business the court may, for adequate and special reasons to be mentioned in the judgment,

impose a sentence of imprisonment for a term of less than six months or a fine of less than

fifty thousand rupees.

Explanation.—Construction of a building or other structure which infringes or which, if

completed, would infringe the copyright in some other work shall not be an offence under this

section.

Enhanced penalty on second and subsequent convictions

63A. Whoever having already been convicted of an offence under section 63 is again

convicted of any such offence shall be punishable for the second and for every subsequent

offence, with imprisonment for a term which shall not be less than one year but which may

extend to three years and with fine which shall not be less than one lakh rupees but which

may extend to two lakh rupees:

Provided that where the infringement has not been made for gain in the course of trade

or business the court may, for adequate and special reasons to be mentioned in the judgment,

impose a sentence of imprisonment for a term of less than one year or a fine of less than one

lakh rupees:

Provided further that for the purposes of this section, no cognizance shall be taken of

any conviction made before the commencement of the Copyright (Amendment) Act, 1984.

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Knowing use of infringing copy of computer programme

to be an offence

63B. Any person who knowingly makes use on a computer of an infringing copy of a

computer programme shall be punishable with imprisonment for a term which shall not be

less than seven days but which may extend to three years and with fine which shall not be less

than fifty thousand rupees but which may extend to two lakh rupees:

Provided that where the computer programme has not been used for gain or in the

course of trade or business, the court may, for adequate and special reasons to be mentioned

in the judgment, not impose any sentence of imprisonment and may impose a fine which may

extend to fifty thousand rupees.

Power of police to seize infringing copies

64.—(1) Any police officer, not below the rank of a sub-inspector, may, if he is

satisfied that an offence under section 63 in respect of the infringement of copyright in any

work has been, is being, or is likely to be, committed, seize without warrant, all copies of the

work, and all plates used for the purpose of making infringing copies of the work, wherever

found, and all copies and plates so seized shall, as soon as practicable, be produced before a

Magistrate.

(2) Any person having an interest in any copies of a work, or plates seized under subsection

(1) may, within fifteen days of such seizure, make an application to the magistrate for

such copies or plates being restored to him and the magistrate, after hearing the applicant and

the complainant and making such further inquiry as may be necessary, shall make such order

on the application as he may deem fit.

Possession of plates for purpose of making infringing copies

65. Any person who knowingly makes, or has in his possession, any plate for the

purpose of making infringing copies of any work in which copyright subsists shall be

punishable with imprisonment which may extend to two years and shall also be liable to fine.

Disposal of infringing copies or plates for purpose of making infringing copies

66. The court trying any offence under this Act may, whether the alleged offender is

convicted or not, order that all copies of the work or all plates in the possession of the alleged

offender, which appear to it to be infringing copies, or plates for the purpose of making

infringing copies, be delivered up to the owner of the copyright.

Penalty for making false entries in register, etc.,

for producing or tendering false entries

67. Any person who,—

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

this Act, or

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

such register, or

or writing, knowing the same to be false,

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

both.

Penalty for making false statements for the purpose of deceiving

or influencing any authority or officer

68. Any person who,—

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

of this Act, or

(b) with a view to procuring or influencing the doing or omission of anything in

relation to this Act or any matter thereunder,

makes a false statement or representation knowing the same to be false, shall be punishable

with imprisonment which may extend to one year, or with fine, or with both.

Penalty for contravention of section 52A

68A. Any person who publishes a sound recording or a video film in contravention of

the provisions of section 52A shall be punishable with imprisonment which may extend to

three years and shall also be liable to fine.

Offences by companies

69.—(1) Where any offence under this Act has been committed by a company, every

person who at the time the offence was committed was in charge of, and was responsible to

the company for, the conduct of the business of the company, as well as the company shall be

deemed to be guilty of such offence and shall be liable to be proceeded against and punished

accordingly:

Provided that nothing contained in this sub-section shall render any person liable to any

punishment, if he proves that the offence was committed without his knowledge or that he

exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this

Act has been committed by a company, and it is proved that the offence was committed with

the consent or connivance of, or is attributable to any negligence on the part of, any director,

manager, secretary or other officer of the company, such director, manager, secretary or other

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04/06/1957 (30/12/1999), No. 14 (No. 49)

officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded

against and punished accordingly.

Explanation.—For the purposes of this section—

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

persons; and

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

Cognizance of offences

70. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the

first class shall try any offence under this Act.

Chapter XIV

Appeals

Appeals against certain orders of Magistrate

71. Any person aggrieved by an order made under sub-section (2) of section 64 or

section 66 may, within thirty days of the date of such order, appeal to the court to which

appeals from the court making the order ordinarily lie, and such appellate court may direct

that execution of the order be stayed pending disposal of the appeal.

Appeals against orders of Registrar of Copyrights

and Copyright Board

72.—(1) Any person aggrieved by any final decision or order of the Registrar of

Copyrights may, within three months from the date of the order or decision, appeal to the

(2) Any person aggrieved by any final decision or order of the Copyright Board, not

being a decision or order made in an appeal under sub-section (1), may, within three months

from the date of such decision or order, appeal to the High Court within whose jurisdiction

the appellant actually and voluntarily resides or carries on business or personally works for

gain:

Provided that no such appeal shall lie against a decision of the Copyright Board under

section 6.

(3) In calculating the period of three months provided for an appeal under this section,

the time taken in granting a certified copy of the order or record of the decision appealed

against shall be excluded.

Procedure for appeals

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04/06/1957 (30/12/1999), No. 14 (No. 49)

73. The High Court may make rules consistent with this Act as to the procedure to be

followed in respect of appeals made to it under section 72.

Chapter XV

Miscellaneous

Registrar of Copyrights and Copyright Board

to possess certain powers of civil courts

74. The Registrar of Copyrights and the Copyright Board shall have the powers of a

civil court when trying a suit under the Code of Civil Procedure, 1908, in respect of the

following matters, namely:—

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

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

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

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

(f) any other matter which may be prescribed.

Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits

of the jurisdiction of the Registrar of Copyrights or the Copyright Board, as the case may be,

shall be the limits of the territory of India.

Orders for payment of money passed by Registrar of Copyrights

and Copyright Board to be executable as a decree

75. Every order made by the Registrar of Copyrights or the Copyright Board under this

Act for the payment of any money or by the High Court in any appeal against any such order

of the Copyright Board shall, on a certificate issued by the Registrar of Copyrights, the

decree of a civil court and shall be executable in the same manner as a decree of such court.

Protection of action taken in good faith

76. No suit or other legal proceeding shall lie against any person in respect of anything

which is in good faith done or intended to be done in pursuance of this Act.

Certain persons to be public servants

77. Every officer appointed under this Act and every member of the Copyright Board

shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal

Code.

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Power to make rules

78.—(1) The Central Government may, by notification in the Official Gazette, make

rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the

Central Government may make rules to provide for all or any of the following matters,

namely:—

(a) the term of office and conditions of service of the Chairman and other members of

the Copyright Board;

(b) the form of complaints and applications to be made, and the licences to be granted,

under this Act;

of Copyrights;

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

(cb) the conditions subject to which a copyright society may be registered under sub -

section (3) of section 33;

(cc) the inquiry for cancellation of registration under sub-section (4) of section 33;

(cd) the conditions subject to which the copyright society may accept authorisation

under clause (a) of sub-section (1) of section 34 and the conditions subject to which owners of

rights have right to withdraw such authorisation under clause (d) of that sub-section;

(ce) the conditions subject to which a copyright society may issue licences, collect fees

and distribute such fees amongst owners of rights under sub-section (3) of section 34;

(cf) the manner in which the approval of the owners of rights regarding collection and

distribution of fees, approval for utilisation of any amount collected as fees and to provide to

such owners information concerning activities in relation to the administration of their rights

under sub-section (1) of section 35;

(cg) the returns to be filed by copyright societies to the Registrar of Copyrights under

sub-section (1) of section 36;

(d) the manner of determining any royalties payable under this Act, and the security to

be taken for the payment of such royalties;

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

(db) the form and the manner in which the copyright society shall maintain accounts

and other relevant records and prepare annual statements of accounts and the manner in which

the quantum of remuneration is to be paid to individual owner of rights under sub-section (1)

of section 52B.

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04/06/1957 (30/12/1999), No. 14 (No. 49)

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

be entered therein;

(f) the matters in respect of which the Registrar of Copyrights and the Copyright Board

shall have powers of a civil court;

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

(h) the regulation of business of the Copyright Office and of all things by this Act

placed under the direction or control of the Registrar of Copyrights.

(3) Every rule made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session, for a total period of thirty days which

may be comprised in one session or in two or more successive sessions, and if, before the

expiry of the session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that the rule

should not be made, the rule shall thereafter have effect only in such modified form or be of

no effect, as the case may be; so, however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done under that rule.

Repeals, savings, and transitional provisions

79.—(1) The Indian Copyright Act, 1914, and the Copyright Act of 1911 passed by the

Parliament of the United Kingdom as modified in its application to India by the Indian

(2) Where any person has, before the commencement of this Act, taken any action

whereby he has incurred any expenditure or liabilities in connection with the reproduction or

performance of any work in a manner which at the time was lawful or for the purpose of or

with a view to the reproduction or performance of a work at a time when such reproduction or

performance would, but for the coming into force of this Act, have been lawful, nothing in

this section shall diminish or prejudice any rights or interests arising from or in connection

with such action which are subsisting and valuable at the said date, unless the person who, by

virtue of this Act, becomes entitled to restrain such reproduction or performance agrees to pay

such compensation as, failing agreement, may be determined by the Copyright Board.

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did

not subsist immediately before the commencement of this Act under any Act repealed by subsection

(1).

(4) Where copyright subsisted in any work immediately before the commencement of

this Act, the rights comprising such copyright shall, as from the date of such commencement,

be the rights specified in section 14 in relation to the class of works to which such work

belongs, and where any new rights are conferred by that section, the owner of such rights

shall be—

(a) in any case where copyright in the work was wholly assigned before the

commencement of this Act, the assignee or his successor-in-interest;

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(b) in any other case, the person who was the first owner of the copyright in the work

under any Act repealed by sub-section (1) or his legal representatives.

(5) Except as otherwise provided in this Act, where any person is entitled immediately

before the commencement of this Act to copyright in any work or any right in such copyright

or to an interest in any such right, he shall continue to be entitled to such right or interest for

the period for which he would have been entitled thereto if this Act had not come into force.

(6) Nothing contained in this Act shall be deemed to render any act done before its

commencement an infringement of copyright if that act would not otherwise have constituted

such an infringement.

(7) Save as otherwise provided in this section, nothing in this section shall be deemed

to affect the application of the General Clauses Act, 1897, with respect to the effect of repeals.

* Short title

Entry into force (of last amending Act): January 15, 2000.

Source: Communication from the Indian authorities.

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Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:

a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and

b) Customer is a person, who accepts this Offer and who is the author of any publication.

Article 2. Acceptance.

1. The Customer shall accept this Offer in case of and after the following activities:

a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and

b) provide the author’s abstract specifying what material was created by the author; and

c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and

d) post (“upload”) the material itself on the Executor’s official website; and

e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.

2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.

3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.

1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.

2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.

3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.

4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.

5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.

Article 4. Register.

1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.

2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.

3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.

4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.

5. Both the Register and the official website shall be the Executor’s property.

6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.

7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.

1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.

2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.

3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.

4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.

5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.

1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.

2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.

3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.

4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.

5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.

6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.

1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.

2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):

a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or

b) provision of false information by the Customer; and/or

c) any other technical reasons.

Article 8. Information sharing.

1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).

2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.

3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.

1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.

2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.

1. This Agreement is made in written and electronic form, in one counterpart, which:

a) Agreement in writing is kept in the Executor’s office, and

b) posted in electronic form on the Executor’s official website in Internet.

2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.

3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.

4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.