Context: (4) Where an application is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to th e applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application s ubject to the conditions that,— (i) the applicant shall pay to the owner of the copyright in the work royalties in respec t of copies of the reproduction of the work sold to the public, calculated at such rate as the Appellate Board may, in the circumstances of each case, determine in the prescribed manner; (ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside India and every copy of such reproduction shall contain a notice that the copy is available for distribution only in India: Provided that no such licence shall be granted unless— (a) the applicant has proved to the satisfaction of the Appellate 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; (c) the Appellate Board is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay the owner of the copyright the royalties payable to him under this section;

Question: What does sub-section (4) of Section 32A provide?

Answer: Where an application is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to th e applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application s ubject to the conditions that,— (i) the applicant shall pay to the owner of the copyright in the work royalties in respec t of copies of the reproduction of the work sold to the public, calculated at such rate as the Appellate Board may, in the circumstances of each case, determine in the prescribed manner; (ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside India and every copy of such reproduction shall contain a notice that the copy is available for distribution only in India: Provided that no such licence shall be granted unless— (a) the applicant has proved to the satisfaction of the Appellate 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;


Section 32A: Licence to reproduce and publish works for certain purpose s.

Question: Under Section 32A, what is stated in clause (b)?

Answer: 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;


Question: How does Section 32A define 'the Appellate Board is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the'?

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


Context: (d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the Appellate 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 reproduc tion 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 publish ed by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be; (f) the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction; (g) the author has not withdrawn from circulation copies of the work; and (h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. (5) No licence to rep roduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owne r of the right of translation or any person authorised by him and the translation is not in a language in general use in India.

Question: What does clause (d) of Section 32A provide?

Answer: the applicant undertakes to reproduce and publish the work at such price as may be fixed by the Appellate 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;


Question: Under Section 32A, what is stated in clause (e)?

Answer: 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 reproduc tion 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 publish ed 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;


Question: What does Section 32A say in clause (f)?

Answer: 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;


Question: What does clause (g) of Section 32A provide?

Answer: the author has not withdrawn from circulation copies of the work; and


Question: Under Section 32A, what is stated in clause (h)?

Answer: an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.


Question: What does Section 32A(5) say?

Answer: No licence to rep roduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owne r of the right of translation or any person authorised by him and the translation is not in a language in general use in India.


Context: (6) The provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio -visual fixations prepared and published solely for the purpose of systematic instructional activities. Explanation.—For the purpose 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, natura l science, physical science, mathematics or technology; and (c) five years from the date of the first publication of that work, in any other case.

Question: What does sub-section (6) of Section 32A provide?

Answer: The provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio -visual fixations prepared and published solely for the purpose of systematic instructional activities. Explanation.—For the purpose 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, natura l science, physical science, mathematics or technology; and (c) five years from the date of the first publication of that work, in any other case.


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

Context: (1) If, at any time after the granting of a licence to produce and publish the translation of a work in an y 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 tra nslation 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.

Question: What does sub-section (1) of Section 32B provide?

Answer: If, at any time after the granting of a licence to produce and publish the translation of a work in an y 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 tra nslation 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.


Context: (2) If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32 A, 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 the expiry of a period of three months from the date of service of a notice in the pr escribed manner on the person holding the licence by the owner of the right of reproduc tion intimating the sale or distribution of the copies of th e 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.

Question: Under Section 32B, what is stated in sub-section (2)?

Answer: If, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32 A, 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 the expiry of a period of three months from the date of service of a notice in the pr escribed manner on the person holding the licence by the owner of the right of reproduc tion intimating the sale or distribution of the copies of th e 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.


Section 33: Registration of Copyright society.

Context: (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3): Provided that 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 t he registered copyright society: Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act: Provided also that a perform ing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be de emed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form 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.

Question: What does sub-section (1) of Section 33 provide?

Answer: No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3): Provided that 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 t he registered copyright society: Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act: Provided also that a perform ing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be de emed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form the date of commencement of the Copyright (Amendment) Act, 1994.


Question: Under Section 33, what is stated in sub-section (2)?

Answer: 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.


Context: (3) The Central Government may, having regard to the in terests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works. (3A) The registration granted to a copyright society under sub -section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36: Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.

Question: What does Section 33(3) say?

Answer: The Central Government may, having regard to the in terests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works.


Question: What does sub-section (3A) of Section 33 provide?

Answer: The registration granted to a copyright society under sub -section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36: Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.


Context: (4) The Central Government may, if it is s atisfied that a copyright society is being managed in a manner detrimental to the interests of the authors and other 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 authors and other owners of rights concerned or for non -compliance of sections 33A, sub -section ( 3) of section 35 or and section 36 of any change carried out in the instrument by which the c opyright society is established or incorporated and registered by the Central Government without prior notice to 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.

Question: Under Section 33, what is stated in sub-section (4)?

Answer: The Central Government may, if it is s atisfied that a copyright society is being managed in a manner detrimental to the interests of the authors and other owners of rights concerned, cancel the registration of such society after such inquiry as may be prescribed.


Question: What does Section 33(5) say?

Answer: If the Central Government is of the opinion that in the interest of the authors and other owners of rights concerned or for non -compliance of sections 33A, sub -section ( 3) of section 35 or and section 36 of any change carried out in the instrument by which the c opyright society is established or incorporated and registered by the Central Government without prior notice to 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.


Section 33A: Tariff Scheme by copyright societies.

Context: (1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed. (2) Any person who is aggrieved by the tariff scheme may appeal to the Appellate Board and the Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein: Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Appellate Board and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal: Provided further that the Appellate Board may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal.

Question: What does sub-section (1) of Section 33A provide?

Answer: Every copyright society shall publish its tariff scheme in such manner as may be prescribed.


Question: Under Section 33A, what is stated in sub-section (2)?

Answer: Any person who is aggrieved by the tariff scheme may appeal to the Appellate Board and the Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein: Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Appellate Board and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal: Provided further that the Appellate Board may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal.


Section 34: Administration of rights of owner by copyright society.

Context: (1) Subject to such co nditions as may be prescribed,— (a) a copyright society may accept from an author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an author and other owners of right shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract. (2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation: Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works. (3) Subject to such conditions as may be prescribed, a copyright society may— (i) issue licences under section 30 in respect of any rights under this Act; (ii) collect fees in pursuance of such licences; (iii) distribute such fees among author and other owners of right after making deductions for its own expenses; (iv) perform any other functions consistent with the provisions of section 35.

Question: What does sub-section (1) of Section 34 provide?

Answer: Subject to such co nditions as may be prescribed,— (a) a copyright society may accept from an author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an author and other owners of right shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.


Question: Under Section 34, what is stated in sub-section (2)?

Answer: 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.


Question: What does Section 34(3) say?

Answer: 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 author and other owners of right after making deductions for its own expenses; (iv) perform any other functions consistent with the provisions of section 35.


Section 35: Control over the copyrig ht society by the author and other owners of right.

Context: (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 author and other owners of right under this Act a dministered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in suc h manner as may be prescribed,— (a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees; (b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and (c) provide to such owners regular, full and detailed information concern ing all its activities, in relation to the administration of their rights. (2) All fees distributed among the author and other owners of right shall, as far as may be, be distributed in proportion to the actual use of their works. (3) Every copyright society shall have a governing body wit h such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified. (4) All members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.

Question: What does sub-section (1) of Section 35 provide?

Answer: Every copyright society shall be subject to the collective control of the owners of rights under this Act whose rights it administers (not being author and other owners of right under this Act a dministered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in suc h manner as may be prescribed,— (a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees; (b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and (c) provide to such owners regular, full and detailed information concern ing all its activities, in relation to the administration of their rights.


Question: Under Section 35, what is stated in sub-section (2)?

Answer: All fees distributed among the author and other owners of right shall, as far as may be, be distributed in proportion to the actual use of their works.


Question: What does Section 35(3) say?

Answer: Every copyright society shall have a governing body wit h such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.


Question: What does sub-section (4) of Section 35 provide?

Answer: All members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.


Section 36: Submission of returns and reports.

Context: (1) Every copyright 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 rig hts administered by it are being utilised or distributed in accordance with the provisions of this Act.

Question: What does sub-section (1) of Section 36 provide?

Answer: Every copyright shall submit to the Registrar of Copyrights such returns as may be prescribed.


Question: Under Section 36, what is stated in sub-section (2)?

Answer: 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 rig hts administered by it are being utilised or distributed in accordance with the provisions of this Act.


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

Context: Nothing in this Chapter shall affect any rights or liabilities in any work in connection wit h a copyright society which had accrued or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act, 2012, or any legal proceedings in respect of any such rights or liabilities pending on that day.

Question: What does Section 36A provide regarding rights and liabilities of performing rights societies?

Answer: Nothing in this Chapter shall affect any rights or liabilities in any work in connection wit h a copyright society which had accrued or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act, 2012, or any legal proceedings in respect of any such rights or liabilities pending on that day.


Section 37: Broadcast reproduction right.

Context: (1) Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in respect of its broadcasts. (2) The broadcast reprodu ction right shall subsist until twenty -five years from the beginning of the calendar year next following the year in which the broadcast is made. (3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,— (a) re-broadcast the broadcast; or (b) causes the broadcast to be heard or seen by the public on payment of any charges; or (c) makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or (e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d).

Question: What does sub-section (1) of Section 37 provide?

Answer: Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in respect of its broadcasts.


Question: Under Section 37, what is stated in sub-section (2)?

Answer: The broadcast reprodu ction right shall subsist until twenty -five years from the beginning of the calendar year next following the year in which the broadcast is made.


Question: What does Section 37(3) say?

Answer: During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,— (a) re-broadcast the broadcast; or (b) causes the broadcast to be heard or seen by the public on payment of any charges; or (c) makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or (e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d).


Section 38: Performer’s right.

Context: (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.

Question: What does sub-section (1) of Section 38 provide?

Answer: 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.


Section 38: Performer’s right.

Question: Under Section 38, what is stated in sub-section (2)?

Answer: 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.


Section 38A: Exclusive right of performers.

Context: (1) Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authori se for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— (i) reproduction of it in any material form including the storing of it in any med ium by electronic or any other means; (ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means; (iii) communication of it to the public; (iv) selling or giving it on commercial rental or offer for sale or for commercial r ental any copy or the recording; (b) to broadcast or communicate the performance to the public except where the performance is already broadcast. (2) Once a performer has, by written agreement, consented to the incorporati on of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film: Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.

Question: What does sub-section (1) of Section 38A provide?

Answer: Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authori se for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— (i) reproduction of it in any material form including the storing of it in any med ium by electronic or any other means; (ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means; (iii) communication of it to the public; (iv) selling or giving it on commercial rental or offer for sale or for commercial r ental any copy or the recording; (b) to broadcast or communicate the performance to the public except where the performance is already broadcast.


Question: Under Section 38A, what is stated in sub-section (2)?

Answer: Once a performer has, by written agreement, consented to the incorporati on of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film: Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.


Section 38B: Moral rights of the performer.

Context: The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,— (a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and (b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. Explanation.—For the purpose of this clause, it is already clarified that mere removal of any portion of a performance for the purpose of editing, or to fit th e recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.

Question: What does clause (a) of Section 38B provide?

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


Question: Under Section 38B, what is stated in clause (b)?

Answer: to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. Explanation.—For the purpose of this clause, it is already clarified that mere removal of any portion of a performance for the purpose of editing, or to fit th e recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.


Section 39: Acts not infringing broadcast reproduction right or performer ’s right.

Context: No br oadcast reproduction right or performer's right shall be deemed to be infringed by— (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or (c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.

Question: What does clause (a) of Section 39 provide?

Answer: 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


Question: Under Section 39, what is stated in clause (b)?

Answer: 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


Question: What does Section 39 say in clause (c)?

Answer: such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.


Section 39A: Certain provisions to apply in case of broadcast reproduction right and performer’s rights.

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

Question: What does sub-section (2) of Section 39A provide?

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


Section 40: Power to extend copyright to foreign works.

Context: The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act shall apply— (a) to work first published in any territory outside India to which the order relates in like manner as if they were first published within India; (b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India; (c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India;

Question: What does clause (a) of Section 40 provide?

Answer: to work first published in any territory outside India to which the order relates in like manner as if they were first published within India;


Question: Under Section 40, what is stated in clause (b)?

Answer: 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;


Question: What does Section 40 say in clause (c)?

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


Context: The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act shall apply— (d) to any work of which the author was at the date of the first publica tion thereof, or, in a case where the author was dead at that date, was at the time of hi s death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time; and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly: Provided that— (i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a part y), 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 copy right 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 t hat the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates but such a term or copyright shall not exceed the term of copyright provided under this Act; (iv) the order may provide that the enjo yment 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 exception 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 apply to works first published before the commencement of the order.

Question: What does clause (d) of Section 40 provide?

Answer: to any work of which the author was at the date of the first publica tion thereof, or, in a case where the author was dead at that date, was at the time of hi s death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time; and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly: Provided that— (i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a part y), 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 copy right 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 t hat the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates but such a term or copyright shall not exceed the term of copyright provided under this Act; (iv) the order may provide that the enjo yment 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 exception 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 apply to works first published before the commencement of the order.


Section 40A: Power of Central Government to apply Chapter VIII to broadcastin g organisations and performers in certain other countries.

Context: (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 broadcastin g organisations and performers to which India is also a party) has made or has undertake n 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 organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India; (b) to performances that took place outside India to which the order relates in like manner as if they took place in India; (c) to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in India; (d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order r elates as if the headquarters of such organisation were situated in India or such broadcast were made from India.

Question: What does sub-section (1) of Section 40A provide?

Answer: 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 broadcastin g organisations and performers to which India is also a party) has made or has undertake n 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 organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India; (b) to performances that took place outside India to which the order relates in like manner as if they took place in India; (c) to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in India; (d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order r elates as if the headquarters of such organisation were situated in India or such broadcast were made from India.


Context: (2) Every order made under sub-section (1) may provide that— (i) the provisions of Chapter VII I, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class o r 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 of 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 o f 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.

Question: Under Section 40A, what is stated in sub-section (2)?

Answer: Every order made under sub-section (1) may provide that— (i) the provisions of Chapter VII I, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class o r 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 of 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 o f 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.


Section 42: Power to restrict rights in works of foreign authors first published in India.

Context: If it appears to the Central Government that a foreign country does not give or has not undertaken to give ade quate 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, publishe d 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.

Question: What does Section 42 provide regarding power to restrict rights in works of foreign authors first published in india?

Answer: If it appears to the Central Government that a foreign country does not give or has not undertaken to give ade quate 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, publishe d 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.


Section 42A: Power to restrict rights of foreign broadcast ing org anisations and performers.

Context: 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 t o 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 inc orporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers: Provided that it does not exceed the period provided under this Act.

Question: What does Section 42A provide regarding power to restrict rights of foreign broadcast ing org anisations and performers?

Answer: 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 t o 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 inc orporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers: Provided that it does not exceed the period provided under this Act.


Section 43: Orders under this Chapter to be laid before Parliament.

Context: 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 s ubject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.

Question: What does Section 43 provide regarding orders under this chapter to be laid before parliament?

Answer: 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 s ubject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.


Section 44: Register of Copyrights.

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

Question: What does Section 44 provide regarding register of copyrights?

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


Section 45: Entries in regist er of Copyrights.

Context: (1) The author o r publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particul ars of the wor k in the Register of Copyrights: Provided that in respect of an artistic work which is used or is capable of being used in relation to any goods or services, the application shall include a statement to that effect and shall be accompani ed by a certificate from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999 (47 of 1999) , to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant. (2) On receipt of an application in respect of any work under sub -section ( 1), the Registrar of Copyrights may, after holding s uch inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.

Question: What does sub-section (1) of Section 45 provide?

Answer: The author o r publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particul ars of the wor k in the Register of Copyrights: Provided that in respect of an artistic work which is used or is capable of being used in relation to any goods or services, the application shall include a statement to that effect and shall be accompani ed by a certificate from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999 (47 of 1999) , to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.


Question: Under Section 45, what is stated in sub-section (2)?

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


Section 46: Indexes.

Context: There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.

Question: What does Section 46 provide regarding indexes?

Answer: There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.


Section 47: Form and inspection of regis ter.

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

Question: What does Section 47 provide regarding form and inspection of regis ter?

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


Section 48: Register of Copyrights to be prima facie evidence of particulars entered therein.

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

Question: What does Section 48 provide regarding register of copyrights to be prima facie evidence of particulars entered therein?

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


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

Context: The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by— (a) correcting any error in any name, address or particulars; or (b) correcting any other error which may have arisen therein by accidental slip or omission.

Question: What does clause (a) of Section 49 provide?

Answer: correcting any error in any name, address or particulars; or


Question: Under Section 49, what is stated in clause (b)?

Answer: correcting any other error which may have arisen therein by accidental slip or omission.


Section 50A: Entries in the Register of Copyrights, etc., to be published.

Context: 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, an d 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.

Question: What does Section 50A provide regarding entries in the register of copyrights, etc., to be published?

Answer: 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, an d 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.


Section 51: When copyright infringed.

Context: 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 contraven tion of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act— (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or (ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communi cation to the public would be an infringement of copyright; or (b) when any person— (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports 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 purpose s 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”.

Question: What does clause (a) of Section 51 provide?

Answer: when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contraven tion of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act— (i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or (ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communi cation to the public would be an infringement of copyright; or


Section 51: When copyright infringed.

Question: Under Section 51, what is stated in clause (b)?

Answer: when any person— (i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or (iii) by way of trade exhibits in public, or (iv) imports 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 purpose s 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”.


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

Context: (1) The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purpose of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public; Explanation.—The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any com puter programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright. (aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy— (i) in order to utilise the computer programme for the purpose for which it was supplied; or (ii) to make back -up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied; (ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme s with other programmer 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 p rogramme while performing such acts necessary for the functions for which the computer programme was supplied; (ad) the making of copies or adapt ation of the computer programme from a personally legally obtained copy for non-commercial personal use;

Question: What does sub-section (1) of Section 52 provide?

Answer: The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purpose of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public; Explanation.—The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any com puter programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright.


Question: Under Section 52, what is stated in clause (aa)?

Answer: 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;


Question: What does Section 52 say in clause (ab)?

Answer: the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme s with other programmer by a lawful possessor of a computer programme provided that such information is not otherwise readily available;


Question: What does clause (ac) of Section 52 provide?

Answer: 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 p rogramme while performing such acts necessary for the functions for which the computer programme was supplied;


Question: Under Section 52, what is stated in clause (ad)?

Answer: the making of copies or adapt ation of the computer programme from a personally legally obtained copy for non-commercial personal use;


Context: (b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public; (c) transient or incidental storage of a work or perfo rmance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds f or believing that such storage is of an infringing copy: Provided t hat if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refr ain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access; (d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding; (e) the reproduction or publication of any work prepared by the Secretariat o f a Legislature or, where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature; (f) the reproduction of any work in a certified copy made or supplied in acc ordance with any law for the time being in force; (g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work;

Question: What does Section 52 say in clause (b)?

Answer: the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;


Question: What does clause (c) of Section 52 provide?

Answer: transient or incidental storage of a work or perfo rmance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds f or believing that such storage is of an infringing copy: Provided t hat if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refr ain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;


Question: Under Section 52, what is stated in clause (d)?

Answer: the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;


Question: What does Section 52 say in clause (e)?

Answer: the reproduction or publication of any work prepared by the Secretariat o f a Legislature or, where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;


Question: What does clause (f) of Section 52 provide?

Answer: the reproduction of any work in a certified copy made or supplied in acc ordance with any law for the time being in force;


Question: Under Section 52, what is stated in clause (g)?

Answer: the reading or recitation in public of reasonable extracts from a published literacy or dramatic work;


Context: (h) the publication in a collection, mainly composed of non -copyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists: Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. Explanation.—In the case of a work of joint authorship, references in this clause to passages from works shall include refer ences to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (i) the reproduction of any work— (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the question to be answered in an examination; or (iii) in answers to such questions; (j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;

Question: What does Section 52 say in clause (h)?

Answer: the publication in a collection, mainly composed of non -copyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists: Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. Explanation.—In the case of a work of joint authorship, references in this clause to passages from works shall include refer ences to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (i) the reproduction of any work— (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the question to be answered in an examination; or (iii) in answers to such questions;


Question: What does clause (j) of Section 52 provide?

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


Context: (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 comme rcial 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, dr amatic or musical work by an amateur, club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution; (m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction; (n) the storing of a work in any medium by Electronic means by a non -commercial public library, for preservation if the library already possesses a non-digital copy of the work; (o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a non-commercial public library for the use of the library if such book is not available for sale in India;

Question: Under Section 52, what is stated in clause (k)?

Answer: 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 comme rcial 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;


Question: What does Section 52 say in clause (l)?

Answer: the performance of a literary, dr amatic 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;


Question: What does clause (m) of Section 52 provide?

Answer: 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;


Question: Under Section 52, what does 'the storing of a work in any medium by Electronic' mean?

Answer: the storing of a work in any medium by Electronic means by a non -commercial public library, for preservation if the library already possesses a non-digital copy of the work;


Question: What does Section 52 say in clause (o)?

Answer: 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 non-commercial public library for the use of the library if such book is not available for sale in India;


Context: (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 c ase 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 i s 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;

Question: What does clause (p) of Section 52 provide?

Answer: 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 c ase 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 i s known or, if the identity of more authors than one is known from the death of such of those authors who dies last;


Question: Under Section 52, what is stated in clause (q)?

Answer: 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;


Context: (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 been 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 produce d or published by the Government, if the translation is not available for sale to the public: Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government; (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, o r 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 back ground 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;

Question: What does Section 52 say in clause (r)?

Answer: 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 been 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 produce d or published by the Government, if the translation is not available for sale to the public: Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government;


Question: What does clause (s) of Section 52 provide?

Answer: the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;


Question: Under Section 52, what is stated in clause (t)?

Answer: the making or publishing of a painting, drawing, engraving or photograph of a sculpture, o r other artistic work falling under sub-clause (iii) of clause


Question: What does Section 52 say in clause (c)?

Answer: of section 2, if such work is permanently situate in a public place or any premises to which the public has access;


Question: What does clause (u) of Section 52 provide?

Answer: 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 back ground 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;


Context: (w) the making of a three -dimensional object from a two -dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device; (x) the reconstruction of a b uilding 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, artistic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: Provided that the provi sions 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 ac companied 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;

Question: Under Section 52, what is stated in clause (w)?

Answer: the making of a three -dimensional object from a two -dimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device; (x) the reconstruction of a b uilding 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;


Question: What does Section 52 say in clause (y)?

Answer: in relation to a literary, dramatic, artistic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: Provided that the provi sions of sub -clause ( ii) of clause ( a), sub -clause ( i) of clause ( b) and clauses (d), (f), (g),


Question: What does clause (p) of Section 52 provide?

Answer: shall not apply as respects any act unless that act is ac companied 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;


Question: Under Section 52, what is stated in clause (z)?

Answer: 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;


Context: (za) the performance of a literary, dramatic or musical work or the communi cation 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 includes a marriage procession and other social festivities associated with a marriage;

Question: In Section 52, what is included within 'the performance of a literary, dramatic or musical work or the communi cation 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'?

Answer: the performance of a literary, dramatic or musical work or the communi cation 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 includes a marriage procession and other social festivities associated with a marriage;


Context: (zb) the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by— (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons: Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production: Provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prev ent its entry into ordinary channels of business. Explanation.—For the purposes of this sub -clause, “any organisation” includes and organisation registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons wi th disability or reorgnised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 199 6) or receiving grants from the government for facilitationg access to persons with disabili ties or an educational institution or library or archives recognised by the Government; (zc) the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to oth er goods or products being lawfully.

Question: What does clause (zb) of Section 52 provide?

Answer: the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by— (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons: Provided that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis but to recover only the cost of production: Provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prev ent its entry into ordinary channels of business. Explanation.—For the purposes of this sub -clause, “any organisation” includes and organisation registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of persons wi th disability or reorgnised under Chapter X of the Persons with Disabilities (Equal Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 199 6) or receiving grants from the government for facilitationg access to persons with disabili ties or an educational institution or library or archives recognised by the Government;


Question: Under Section 52, what is stated in clause (zc)?

Answer: the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to oth er goods or products being lawfully.


Context: (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.

Question: What does Section 52(2) say?

Answer: 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.


Section 52A: Particulars to be included in records and video Films.

Context: (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 record; (b) the name and address of the owner of the copyright in such work; and (c) the year of its first publication. (2) No person shall publish a video film in respe ct 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 unde r the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work; (b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film; and (c) the name and address of the owner for the copyright in such work.

Question: What does sub-section (1) of Section 52A provide?

Answer: 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 record; (b) the name and address of the owner of the copyright in such work; and (c) the year of its first publication.


Question: Under Section 52A, what is stated in sub-section (2)?

Answer: No person shall publish a video film in respe ct 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 unde r the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work; (b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film; and (c) the name and address of the owner for the copyright in such work.