Section 1: Short title, extent and commencement.

Context: (1) This Act may be called the Copyright Act, 1957. (2) It extends to the whole of India. (3) It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint.

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

Answer: This Act may be called the Copyright Act, 1957.


Question: Under Section 1, what is stated in sub-section (2)?

Answer: It extends to the whole of India.


Question: What does Section 1(3) say?

Answer: It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint.


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (a) “adaptation” means,— (i) in relation to a dramatic work, the conversion of the work into a non-dramatic work; (ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise; (iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; (iv) in relation to a musical work, any arrangement or transcription of the work; and (v) in relation to any work, any use of such work involving its re-arrangement or alteration; (aa) “Appellate Board” means the Appellate Board referred to in section 11; (b) work of architecture means any building or structure having an artistic character or design, or any model for such building or structure; (c) “artistic work” means,— (i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; (ii) an work of architectural; and (iii) any other work of artistic craftsmanship; (d) “author” means,— (i) in relation to literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; (v) in relation to a cinematograph film or sound recording, the producer; and (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;

Question: Under Section 2, what does 'adaptation' mean?

Answer: “adaptation” means,— (i) in relation to a dramatic work, the conversion of the work into a non-dramatic work; (ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise; (iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; (iv) in relation to a musical work, any arrangement or transcription of the work; and (v) in relation to any work, any use of such work involving its re-arrangement or alteration;


Section 2: Interpretation.

Question: How does Section 2 define 'Appellate Board'?

Answer: “Appellate Board” means the Appellate Board referred to in section 11;


Section 2: Interpretation.

Question: In Section 2, what is meant by 'work of architecture'?

Answer: work of architecture means any building or structure having an artistic character or design, or any model for such building or structure;


Section 2: Interpretation.

Question: What does the Act say 'artistic work' means in Section 2?

Answer: “artistic work” means,— (i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; (ii) an work of architectural; and (iii) any other work of artistic craftsmanship;


Section 2: Interpretation.

Question: Under Section 2, what does 'author' mean?

Answer: “author” means,— (i) in relation to literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; (v) in relation to a cinematograph film or sound recording, the producer; and (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (dd) “broadcast” means communication to the public— (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast; (e) “calendar year” means the year commencing on the 1st day of January; (f) “cinematograph film ” means any work of visual recording and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films; (fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution. Explanation.—For the purposes of this clause, a “non -profit library or non -profit educational institution” means a library or educational institutio n which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).

Question: How does Section 2 define 'broadcast'?

Answer: “broadcast” means communication to the public— (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast;


Section 2: Interpretation.

Question: In Section 2, what is meant by 'calendar year'?

Answer: “calendar year” means the year commencing on the 1st day of January;


Section 2: Interpretation.

Question: What does the Act say 'cinematograph film' means in Section 2?

Answer: “cinematograph film ” means any work of visual recording and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films;


Section 2: Interpretation.

Question: In Section 2, what is included within 'commercial rental'?

Answer: “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution. Explanation.—For the purposes of this clause, a “non -profit library or non -profit educational institution” means a library or educational institutio n which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (ff) “communication to the public” means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means o f display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjo ys the work or performance so made available. Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous commu nication to more than one house hold or place of residence including residential roo ms of any hotel or hostel shall be deemed to be communication to the public; (g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast; (h) “dramatic work” includes any piece for recitation, chore ographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film; (hh) “duplicating equipment” means any mechanical contrivance or device used or inten ded to be used for making copies of any work; (i) “engravings” include etchings, lithographs, wood -cuts, prints and other similar works, not being photographs; (j) “exclusive licence ” means a licence which confers on the licensee or on the license s and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and “exclusive licensee ” shall be construed accordingly;

Question: How does Section 2 define 'communication to the public'?

Answer: “communication to the public” means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means o f display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjo ys the work or performance so made available. Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous commu nication to more than one house hold or place of residence including residential roo ms of any hotel or hostel shall be deemed to be communication to the public;


Section 2: Interpretation.

Question: Under Section 2, what is stated in clause (g)?

Answer: “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast;


Section 2: Interpretation.

Question: In Section 2, what is included within 'dramatic work'?

Answer: “dramatic work” includes any piece for recitation, chore ographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film;


Section 2: Interpretation.

Question: Under Section 2, what does 'duplicating equipment' mean?

Answer: “duplicating equipment” means any mechanical contrivance or device used or inten ded to be used for making copies of any work; (i) “engravings” include etchings, lithographs, wood -cuts, prints and other similar works, not being photographs;


Section 2: Interpretation.

Question: How does Section 2 define 'exclusive licence'?

Answer: “exclusive licence ” means a licence which confers on the licensee or on the license s and persons authorised by him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and “exclusive licensee ” shall be construed accordingly;


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (k) “Government work” means a work which is made or published by or und er the direction or control of— (i) the Government or any department of the Government; (ii) any Legislature in India; (iii) any court, tribunal or other judicial authority in India; (I) “Indian work” means a literary, dramatic or musical work,— (i) the author of which is a citizen of India; or (ii) which is first published in India; or (iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India; (m) “infringing copy” means— (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film; (ii) in relation to a cinematographic film, a copy of the film made on any medium by any means; (iii) in relation to a sound recording, any other recording embodying the same soun d recording, made by any means; (iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of t his Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act; (n) “lecture” includes address, speech and sermon; (o) “literary work” includes computer programmes, tables and compilations including computer databases; (p) “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any acti on intended to be sung, spoken or performed with the music;

Question: In Section 2, what is meant by 'Government work'?

Answer: “Government work” means a work which is made or published by or und er the direction or control of— (i) the Government or any department of the Government; (ii) any Legislature in India; (iii) any court, tribunal or other judicial authority in India; (I) “Indian work” means a literary, dramatic or musical work,— (i) the author of which is a citizen of India; or (ii) which is first published in India; or (iii) the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of India;


Section 2: Interpretation.

Question: What does the Act say 'infringing copy' means in Section 2?

Answer: “infringing copy” means— (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film; (ii) in relation to a cinematographic film, a copy of the film made on any medium by any means; (iii) in relation to a sound recording, any other recording embodying the same soun d recording, made by any means; (iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of t his Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;


Section 2: Interpretation.

Question: How does Section 2 describe what 'lecture' includes?

Answer: “lecture” includes address, speech and sermon;


Section 2: Interpretation.

Question: In Section 2, what is included within 'literary work'?

Answer: “literary work” includes computer programmes, tables and compilations including computer databases;


Section 2: Interpretation.

Question: In Section 2, what is meant by 'musical work'?

Answer: “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any acti on intended to be sung, spoken or performed with the music;


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (q) “performance”, in relation to performer ’s right, means any visual or acoustic presentation made live by one or more performers; (qq) “performer” includes an actor, singer, musician, danc er, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance; (s) “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film; (t) “plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, duplicating equipment or other device used or intended to be used for printing or reproducing copies of a ny work, and any matrix or other appliance by which sound recording for the acoustic presentation of the work are or are intended to be made; (u) “prescribed” means prescribed by rules made under this Act; (uu) “producer”, in relation to a cinematogra ph film or sound recording, means a person who takes the initiative and responsibility for making the work; (x) “reprography” means the making of copies of a work, by photocopying or similar means; (xa) “Right Management Information” means,— (a) the title or other information identifying the work or performance; (b) the name of the author or performer; (c) the name and address of the owner of rights; (d) terms and conditions regarding the use of the rights; and (e) any number or code that represents the information referred to in sub-clauses

Question: Under Section 2, what is stated in clause (q)?

Answer: “performance”, in relation to performer ’s right, means any visual or acoustic presentation made live by one or more performers;


Section 2: Interpretation.

Question: In Section 2, what is included within 'performer'?

Answer: “performer” includes an actor, singer, musician, danc er, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance;


Section 2: Interpretation.

Question: Under Section 2, what does 'photograph' include?

Answer: “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film;


Section 2: Interpretation.

Question: How does Section 2 describe what 'plate' includes?

Answer: “plate” includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, duplicating equipment or other device used or intended to be used for printing or reproducing copies of a ny work, and any matrix or other appliance by which sound recording for the acoustic presentation of the work are or are intended to be made;


Section 2: Interpretation.

Question: What does the Act say 'prescribed' means in Section 2?

Answer: “prescribed” means prescribed by rules made under this Act;


Section 2: Interpretation.

Question: What does clause (uu) of Section 2 provide?

Answer: “producer”, in relation to a cinematogra ph film or sound recording, means a person who takes the initiative and responsibility for making the work; (x) “reprography” means the making of copies of a work, by photocopying or similar means;


Section 2: Interpretation.

Question: How does Section 2 define 'Right Management Information'?

Answer: “Right Management Information” means,—


Section 2: Interpretation.

Question: What does Section 2 say in clause (a)?

Answer: the title or other information identifying the work or performance;


Section 2: Interpretation.

Question: What does clause (b) of Section 2 provide?

Answer: the name of the author or performer;


Section 2: Interpretation.

Question: Under Section 2, what is stated in clause (c)?

Answer: the name and address of the owner of rights;


Section 2: Interpretation.

Question: What does Section 2 say in clause (d)?

Answer: terms and conditions regarding the use of the rights; and


Section 2: Interpretation.

Question: What does clause (e) of Section 2 provide?

Answer: any number or code that represents the information referred to in sub-clauses


Section 2: Interpretation.

Context: In this Act, unless the context otherwise requires,— (a) to (d), but does not include any device or procedure intended to identify the user. (xx) “sound recording” means a recording of sounds from which such sounds may be produce d regardless of the medium on which such recording is made or the method by which the sounds are produced; (xxa) “visual recording” means the recording in any medium, by any method including the storing of it by any electronic means, or moving images o r of the representations thereof, from which they can be perceived, reproduced or communicated by any method. (y) “work” means any of the following works, namely:— (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) sound recording; (z) “work of joint authorship ” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors; (za) “work of sculpture” includes casts and models.

Question: How does Section 2 describe what 'to (d), but' includes?

Answer: to (d), but does not include any device or procedure intended to identify the user. (xx) “sound recording” means a recording of sounds from which such sounds may be produce d regardless of the medium on which such recording is made or the method by which the sounds are produced;


Section 2: Interpretation.

Question: Under Section 2, what does 'visual recording' mean?

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


Section 2: Interpretation.

Question: How does Section 2 define 'work'?

Answer: “work” means any of the following works, namely:— (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) sound recording;


Section 2: Interpretation.

Question: In Section 2, what is meant by 'work of joint authorship'?

Answer: “work of joint authorship ” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;


Section 2: Interpretation.

Question: In Section 2, what is included within 'work of sculpture'?

Answer: “work of sculpture” includes casts and models.


Section 3: Meaning of publication.

Context: For the purposes of this Act, “publication” means making a work available to the public by issue of copies or by communicating the work to the public.

Question: What does Section 3 provide regarding meaning of publication?

Answer: For the purposes of this Act, “publication” means making a work available to the public by issue of copies or by communicating the work to the public.


Section 6: Certain disputes to be decided by Appellate Board.

Context: If any question arises— (a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or (b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act, it shall be referred to the Appellate Board constituted under section 11 whose decision thereon shall be final: Provided that if in the opinion of the Appellate Board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.

Question: What does clause (a) of Section 6 provide?

Answer: whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or


Question: Under Section 6, what is stated in clause (b)?

Answer: whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act, it shall be referred to the Appellate Board constituted under section 11 whose decision thereon shall be final: Provided that if in the opinion of the Appellate Board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.


Section 7: Nationality of author where the making of unpublished work is extended over considerable period.

Context: Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of thi s Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.

Question: What does Section 7 provide regarding nationality of author where the making of unpublished work is extended over considerable period?

Answer: Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of thi s Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.


Section 8: Domicile of corporations.

Context: For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.

Question: What does Section 8 provide regarding domicile of corporations?

Answer: For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.


Section 9: Copyright Office.

Context: (1) There shall be established for the purposes of this Act an office to be called the Copyright Office. (2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government. (3) There shall be a seal for the Copyright Office.

Question: What does sub-section (1) of Section 9 provide?

Answer: There shall be established for the purposes of this Act an office to be called the Copyright Office.


Section 9: Copyright Office.

Question: Under Section 9, what is stated in sub-section (2)?

Answer: The Copyright Office shall be under the immediate control of the Registrar of Copyrights who shall act under the superintendence and direction of the Central Government.


Section 9: Copyright Office.

Question: What does Section 9(3) say?

Answer: There shall be a seal for the Copyright Office.


Section 10: Registrar and Deputy Registrars of Copyrights.

Context: (1) The Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. (2) A Deputy Registrar of Copyrights shall discharge under the superin tendence and direction of the Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference to a Deputy Registrar of Copyrights when so discharging any such functions.

Question: What does sub-section (1) of Section 10 provide?

Answer: The Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.


Question: Under Section 10, what is stated in sub-section (2)?

Answer: A Deputy Registrar of Copyrights shall discharge under the superin tendence and direction of the Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference to a Deputy Registrar of Copyrights when so discharging any such functions.


Section 11: Appellate Board.

Context: (1) The Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.

Question: What does sub-section (1) of Section 11 provide?

Answer: The Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.


Section 13: Works in which copyright subsists.

Context: (1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,— (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording. (2) Copyright shall not subsist in any work specified in sub -section ( 1), other than a work to which the provisions of section 40 or section 41 apply, unless— (i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the auth or is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India; (ii) in the case of an unpublished work other than a work of architecture, the author is at the date of making of the work a citizen of India or domiciled in India; and (iii) in the case of a work of architecture, the work is located in India. Explanation.—In th e case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work. (3) Copyright shall not subsist— (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed. (4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the sound recording is made.

Question: What does sub-section (1) of Section 13 provide?

Answer: Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,— (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording.


Question: Under Section 13, what is stated in sub-section (2)?

Answer: Copyright shall not subsist in any work specified in sub -section ( 1), other than a work to which the provisions of section 40 or section 41 apply, unless— (i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the auth or is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India; (ii) in the case of an unpublished work other than a work of architecture, the author is at the date of making of the work a citizen of India or domiciled in India; and (iii) in the case of a work of architecture, the work is located in India. Explanation.—In th e case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.


Question: What does Section 13(3) say?

Answer: Copyright shall not subsist— (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.


Question: What does sub-section (4) of Section 13 provide?

Answer: The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the sound recording is made.


Context: (5) In the case of a work of architecture, copyright shall subsist only in the artistic character a nd design and shall not extend to processes or methods of construction.

Question: Under Section 13, what is stated in sub-section (5)?

Answer: In the case of a work of architecture, copyright shall subsist only in the artistic character a nd design and shall not extend to processes or methods of construction.


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

Context: No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

Question: What does Section 16 provide regarding no copyright except as provided in this act?

Answer: No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.


Section 17: First owner of copyright.

Context: Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that— (a) in the case of a literary, dramatic or artistic work made by the author in the cou rse of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprentice ship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any news paper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work; (b) subject to the provisions of clause ( a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinemato graph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (c) in the case of a work made in the course of the author ’s employment under a contract of service or apprenticeship, to which clause ( a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

Question: What does clause (a) of Section 17 provide?

Answer: in the case of a literary, dramatic or artistic work made by the author in the cou rse of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprentice ship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any news paper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;


Section 17: First owner of copyright.

Question: Under Section 17, what is stated in clause (b)?

Answer: subject to the provisions of clause ( a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinemato graph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;


Section 17: First owner of copyright.

Question: What does Section 17 say in clause (c)?

Answer: in the case of a work made in the course of the author ’s employment under a contract of service or apprenticeship, to which clause ( a) or clause


Section 17: First owner of copyright.

Question: What does clause (b) of Section 17 provide?

Answer: does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;


Section 17: First owner of copyright.

Context: Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that— (cc) in the case of any address or spee ch delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered; (d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Explanation.—For the purpose of this clause and section 28A, “public undertaking” means— (i) an undertaking owned or controlled by Government; or (ii) a Government company as defined in Section 617 of the Companies Act, 1956 ( 1 of 1956); or (iii) a body corporate established by or under any Central, Provincial or State Act; (e) in the case of a work to which t he provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein. Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses ( b) and ( c) shall affect t he right of the author in the work referred to in clause ( a) of sub-section (1) of section 13.

Question: Under Section 17, what is stated in clause (cc)?

Answer: in the case of any address or spee ch delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;


Section 17: First owner of copyright.

Question: What does Section 17 say in clause (d)?

Answer: in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;


Section 17: First owner of copyright.

Question: In Section 17, what is meant by 'in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Explanation.—For the purpose of this clause and section 28A, “public undertaking'?

Answer: in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Explanation.—For the purpose of this clause and section 28A, “public undertaking” means— (i) an undertaking owned or controlled by Government; or (ii) a Government company as defined in Section 617 of the Companies Act, 1956 ( 1 of 1956); or (iii) a body corporate established by or under any Central, Provincial or State Act;


Section 17: First owner of copyright.

Question: Under Section 17, what is stated in clause (e)?

Answer: in the case of a work to which t he provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein. Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses ( b) and ( c) shall affect t he right of the author in the work referred to in clause ( a) of sub-section (1) of section 13.


Section 19: Mode of assignment.

Context: (1) No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent. (2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment. (3) The assignment of copyright in any work shall also specify the amount of royalty and any other consideration payable , to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. (4) Where the assigne e does not exercise the rights assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the e xpiry of the said period unless otherwise specified in the assignment. (5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. (6) If the territorial extent of assignment of the rights is not specifie d, it shall be presumed to extend within India. (7) Nothing in sub -section ( 2) or sub -section ( 3) or sub -section ( 4) or sub -section ( 5) or sub-section ( 6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994. (8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.

Question: What does sub-section (1) of Section 19 provide?

Answer: No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.


Section 19: Mode of assignment.

Question: Under Section 19, what is stated in sub-section (2)?

Answer: The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.


Section 19: Mode of assignment.

Question: What does Section 19(3) say?

Answer: The assignment of copyright in any work shall also specify the amount of royalty and any other consideration payable , to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.


Section 19: Mode of assignment.

Question: What does sub-section (4) of Section 19 provide?

Answer: Where the assigne e does not exercise the rights assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the e xpiry of the said period unless otherwise specified in the assignment.


Section 19: Mode of assignment.

Question: Under Section 19, what is stated in sub-section (5)?

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


Section 19: Mode of assignment.

Question: What does Section 19(6) say?

Answer: If the territorial extent of assignment of the rights is not specifie d, it shall be presumed to extend within India.


Section 19: Mode of assignment.

Question: What does sub-section (7) of Section 19 provide?

Answer: Nothing in sub -section ( 2) or sub -section ( 3) or sub -section ( 4) or sub -section ( 5) or sub-section ( 6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.


Section 19: Mode of assignment.

Question: Under Section 19, what is stated in sub-section (8)?

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


Section 19: Mode of assignment.

Context: (9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisa tion of the work in any form other than for the communication to the public of t he work, along with the cinematograph film in a cinema hall. (10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal sha re of royalties and consideration payable for any utilisation of such work in any form.

Question: What does Section 19(9) say?

Answer: No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisa tion of the work in any form other than for the communication to the public of t he work, along with the cinematograph film in a cinema hall.


Section 19: Mode of assignment.

Question: What does sub-section (10) of Section 19 provide?

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


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

Context: (1) If an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not at tributable to any act or omission of the assignor, then, the Appellate Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment. (2) If any dispute arises with respect to the assignment of any copyright, the Appellate Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable: Provided that the Appellate Board shall not pass any order under this sub -section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author: Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Appellate Board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:— Provided also that, no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment. (3) Every complaint received under sub -section (2) shall be dealt with by the Appellate Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Appellate Board shall record the reasons thereof.

Question: What does sub-section (1) of Section 19A provide?

Answer: If an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not at tributable to any act or omission of the assignor, then, the Appellate Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment.


Question: Under Section 19A, what is stated in sub-section (2)?

Answer: If any dispute arises with respect to the assignment of any copyright, the Appellate Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable: Provided that the Appellate Board shall not pass any order under this sub -section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author: Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Appellate Board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:— Provided also that, no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment.


Question: What does Section 19A(3) say?

Answer: Every complaint received under sub -section (2) shall be dealt with by the Appellate Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Appellate Board shall record the reasons thereof.


Section 20: Transmission of copyright in manuscript by testamentary disposition.

Context: Where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and t he work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator ’s will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the o wner of the copyright immediately before his death. Explanation.—In this section, the expression “manuscript” means the original document embodying the work, whether written by hand or not.

Question: What does Section 20 provide regarding transmission of copyright in manuscript by testamentary disposition?

Answer: Where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and t he work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator ’s will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the o wner of the copyright immediately before his death. Explanation.—In this section, the expression “manuscript” means the original document embodying the work, whether written by hand or not.


Section 21: Right of author to relinquish copyright.

Context: (1) The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights or by way of public notice and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice. (2) On receipt of a notice under sub -section ( 1), the Registrar of Copyrights shall cause it to be published in the Official Gazette and in such other manner as he may deem fit. (2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years. (3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of notice referred to in sub-section (1).

Question: What does sub-section (1) of Section 21 provide?

Answer: The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights or by way of public notice and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice.


Question: Under Section 21, what is stated in sub-section (2)?

Answer: On receipt of a notice under sub -section ( 1), the Registrar of Copyrights shall cause it to be published in the Official Gazette and in such other manner as he may deem fit.


Question: What does Section 21(2A) say?

Answer: The Registrar of Copyright shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years.


Question: What does sub-section (3) of Section 21 provide?

Answer: The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of notice referred to in sub-section (1).


Section 22: Term of copyright in published lite rary, dramatic, musical and artistic works.

Context: Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of th e calendar year next following the year in which the author dies. Explanation.—In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

Question: What does Section 22 provide regarding term of copyright in published lite rary, dramatic, musical and artistic works?

Answer: Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of th e calendar year next following the year in which the author dies. Explanation.—In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.


Section 23: Term of copyright in a nonymous and pseudonymous works.

Context: (1) In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar ye ar next following the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies. (2) In sub -section ( 1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,— (a) where the identity of one of the authors is disclosed, as references to that author; (b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors.

Question: What does sub-section (1) of Section 23 provide?

Answer: In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar ye ar next following the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies.


Question: Under Section 23, what is stated in sub-section (2)?

Answer: In sub -section ( 1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,— (a) where the identity of one of the authors is disclosed, as references to that author; (b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors.


Context: (3) In sub -section ( 1), references to the author sha ll, in the case of a pseudonym s work of j oint authorship, be construed,— (a) where the names of one or more (but not all) of the aut hors are pseudonyms and his or their identity is not disclosed, as references to the author wh ose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last; (b) where the names of one or more (but not all) of the authors are pseudonyms an d the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors are pseudonyms and the ide ntity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last. Explanation.—For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Appellate Board by that author.

Question: What does Section 23(3) say?

Answer: In sub -section ( 1), references to the author sha ll, in the case of a pseudonym s work of j oint authorship, be construed,— (a) where the names of one or more (but not all) of the aut hors are pseudonyms and his or their identity is not disclosed, as references to the author wh ose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last; (b) where the names of one or more (but not all) of the authors are pseudonyms an d the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors are pseudonyms and the ide ntity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last. Explanation.—For the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Appellate Board by that author.


Section 24: Term of copyright in posthumous work.

Context: (1) In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the w ork is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year. (2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any sound recordings made in respect of the work have been sold to the public or have been offered for sale to the public.

Question: What does sub-section (1) of Section 24 provide?

Answer: In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the w ork is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year.


Question: Under Section 24, what is stated in sub-section (2)?

Answer: For the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any sound recordings made in respect of the work have been sold to the public or have been offered for sale to the public.


Section 26: Term of copyright in cinematograph films.

Context: In the case of a cinemato graph film, copyright shall subsists until sixty years from the beginning of the calendar year next following the year in which the film is published.

Question: What does Section 26 provide regarding term of copyright in cinematograph films?

Answer: In the case of a cinemato graph film, copyright shall subsists until sixty years from the beginning of the calendar year next following the year in which the film is published.


Section 27: Term of copyright in sound recording.

Context: In the case a sound recording copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the sound recording is published.

Question: What does Section 27 provide regarding term of copyright in sound recording?

Answer: In the case a sound recording copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the sound recording is published.


Section 30: Licences by owners of copyright.

Context: The owner of the copyright in any existing work o r the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing by him or by his duly authorised agent: Provided that in th e case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence. Explanation.—Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

Question: What does Section 30 provide regarding licences by owners of copyright?

Answer: The owner of the copyright in any existing work o r the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing by him or by his duly authorised agent: Provided that in th e case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence. Explanation.—Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.


Section 31: Compulsory licence in works withheld from public.

Context: (1) If at any time during the term o f copyright in any work which has been published or performed in public, a complaint is made to the Appellate Board that the owner of copyright in the work— (a) has refus ed to re publish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or (b) has refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable, the Appellate Board, after giving to the owner of the copyright in th e work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence t o republish the work, perform the work in public or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Appellate Board may determine; and thereupon the Registrar of Copyrights shall grant the licence to such person or persons who, in the opinion of the Appellate Board, is or are qualified to do so in accordance with the directions of the Appellate Board, on payment of such fee as may be prescribed. . .

Question: What does sub-section (1) of Section 31 provide?

Answer: If at any time during the term o f copyright in any work which has been published or performed in public, a complaint is made to the Appellate Board that the owner of copyright in the work— (a) has refus ed to re publish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or (b) has refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable, the Appellate Board, after giving to the owner of the copyright in th e work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence t o republish the work, perform the work in public or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Appellate Board may determine; and thereupon the Registrar of Copyrights shall grant the licence to such person or persons who, in the opinion of the Appellate Board, is or are qualified to do so in accordance with the directions of the Appellate Board, on payment of such fee as may be prescribed. . .


Section 31A: Compulsory licence in unpublished or published works.

Context: (1) Where, in the case of any unpublished work or any work published or communicated to the publi c and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Appellate Board for a licence to publish or communicate to the public such work or a translation thereof in any language. (2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language. (3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed. (4) Where an application is made to the Appellate Board under this section, it may after holding such inquiry as may be prescribed, direct the Registrar of C opyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the Appellate Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the Appellate Board.

Question: What does sub-section (1) of Section 31A provide?

Answer: Where, in the case of any unpublished work or any work published or communicated to the publi c and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Appellate Board for a licence to publish or communicate to the public such work or a translation thereof in any language.


Question: Under Section 31A, what is stated in sub-section (2)?

Answer: Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language.


Question: What does Section 31A(3) say?

Answer: Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed.


Question: What does sub-section (4) of Section 31A provide?

Answer: Where an application is made to the Appellate Board under this section, it may after holding such inquiry as may be prescribed, direct the Registrar of C opyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the Appellate Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the Appellate Board.


Context: (5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the Appellate Board in the public account of India or in any other account specified by the Appellate Board so as to enable the owner of the copyright or, as the case may be, his heirs, exec utors or the legal representatives to claim such royalty at any time. (6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it. (7) Where any work is not published wi thin the period specified by the Central Government under sub-section ( 6), the Appellate Board may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of su ch royalty as the Appellate Board may, in the circumstances of such case, determine in the prescribed manner.

Question: Under Section 31A, what is stated in sub-section (5)?

Answer: Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the Appellate Board in the public account of India or in any other account specified by the Appellate Board so as to enable the owner of the copyright or, as the case may be, his heirs, exec utors or the legal representatives to claim such royalty at any time.


Question: What does Section 31A(6) say?

Answer: Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it.


Question: What does sub-section (7) of Section 31A provide?

Answer: Where any work is not published wi thin the period specified by the Central Government under sub-section ( 6), the Appellate Board may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of su ch royalty as the Appellate Board may, in the circumstances of such case, determine in the prescribed manner.


Section 31B: Compulsory licence for benefit of disabled.

Context: (1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the Appellate Board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause ( zb) of sub-section (1) of section 52 does not apply and the Appellate Board shall dispose of such application within a period of two months from the receipt of the application. (2) The Appellate Board may, on receipt of an application under sub -section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith. (3) If the Appellate Board is satisfied, after giving to the owners of righ ts in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make th e work available to the disabled , it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work. (4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: Provided that where the Appellate Board issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the p eriod of such compulsory licence and allow the issue of more copies as it may deem fit.

Question: What does sub-section (1) of Section 31B provide?

Answer: Any person working for the benefit of persons with disability on a profit basis or for business may apply to the Appellate Board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause ( zb) of sub-section (1) of section 52 does not apply and the Appellate Board shall dispose of such application within a period of two months from the receipt of the application.


Question: Under Section 31B, what is stated in sub-section (2)?

Answer: The Appellate Board may, on receipt of an application under sub -section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.


Question: What does Section 31B(3) say?

Answer: If the Appellate Board is satisfied, after giving to the owners of righ ts in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make th e work available to the disabled , it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work.


Question: What does sub-section (4) of Section 31B provide?

Answer: Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: Provided that where the Appellate Board issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the p eriod of such compulsory licence and allow the issue of more copies as it may deem fit.


Section 31D: Statutory licence for broadcasting of literary and musical works and sound recording.

Context: (1) Any broadcasting organi sation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. (2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the Appellate Board. (3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the Appellate Board shall fix separate rates for radio broadcasting and television broadcasting. (4) In fixing the manner and the rate of royalty under sub -section (2), the Appellate Board may require the broadcasting organisation to pay an advance to the owners of rights. (5) The names of the authors of the principal performers of the work shall, except in case of the broadcasting organi sation communicating such work by way of performance, be announced with the broadcast. (6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights. (7) The broadcasting organisation shall— (a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and (b) allow the owner of rights or his duly authori sed agent or representative to inspect al l records and books of account relating to such broadcast, in such manner as may be prescribed.

Question: What does sub-section (1) of Section 31D provide?

Answer: Any broadcasting organi sation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.


Question: Under Section 31D, what is stated in sub-section (2)?

Answer: The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the Appellate Board.


Question: What does Section 31D(3) say?

Answer: The rates of royalties for radio broadcasting shall be different from television broadcasting and the Appellate Board shall fix separate rates for radio broadcasting and television broadcasting.


Question: What does sub-section (4) of Section 31D provide?

Answer: In fixing the manner and the rate of royalty under sub -section (2), the Appellate Board may require the broadcasting organisation to pay an advance to the owners of rights.


Question: Under Section 31D, what is stated in sub-section (5)?

Answer: The names of the authors of the principal performers of the work shall, except in case of the broadcasting organi sation communicating such work by way of performance, be announced with the broadcast.


Question: What does Section 31D(6) say?

Answer: No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.


Question: What does sub-section (7) of Section 31D provide?

Answer: The broadcasting organisation shall— (a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and (b) allow the owner of rights or his duly authori sed agent or representative to inspect al l records and books of account relating to such broadcast, in such manner as may be prescribed.


Context: (8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.

Question: Under Section 31D, what is stated in sub-section (8)?

Answer: Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.


Section 32: Licence to produce and publish translations.

Context: (1) Any person may apply to the Appellate Board for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work. (1A) Notwithstanding anything contained in sub -section ( 1), any person may apply to the Appellate Board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dram atic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: Provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication. (2) Every application under this section shall be made in such form as may be prescribed and sh all state the proposed retail price of a copy of the translation of the work. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed.

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

Answer: Any person may apply to the Appellate Board for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work.


Question: Under Section 32, what is stated in sub-section (1A)?

Answer: Notwithstanding anything contained in sub -section ( 1), any person may apply to the Appellate Board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dram atic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: Provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication.


Question: What does Section 32(2) say?

Answer: Every application under this section shall be made in such form as may be prescribed and sh all state the proposed retail price of a copy of the translation of the work.


Question: What does sub-section (3) of Section 32 provide?

Answer: Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed.


Context: (4) Where an appli cation is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence , not being an exclusive licence , to produce and publish a translation of the work in the language mentioned in the application— (i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the Appellate Board may, in the circumstances of each case, determine in the prescribed manner; and (ii) where such licence is granted on an application under sub -section ( 1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India: Provided that nothing in clause ( ii) shall apply to the export by G overnment or any authority under the Government of copies of such translation in a language other than English, Frenc h or Spanish or to any country if— (1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or (2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and

Question: Under Section 32, what is stated in sub-section (4)?

Answer: Where an appli cation is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence , not being an exclusive licence , to produce and publish a translation of the work in the language mentioned in the application— (i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the Appellate Board may, in the circumstances of each case, determine in the prescribed manner; and (ii) where such licence is granted on an application under sub -section ( 1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India: Provided that nothing in clause ( ii) shall apply to the export by G overnment or any authority under the Government of copies of such translation in a language other than English, Frenc h or Spanish or to any country if—


Question: What does Section 32(1) say?

Answer: such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; or


Question: What does sub-section (2) of Section 32 provide?

Answer: such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and


Context: (3) in either case, the permission for such export has been given by the Government of that country: Provided further that no licence under this section shall be granted, unless— (a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, within seven years or three years or one year, as the case may be, of the first publication of the work, or if a translation has been so published, it has been out of print; (b) the applicant has proved to the satisfaction of the Appellate Board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that he was, after due diligence on his part, unable to find the owner of the copyright; (c) where the applicant was unable to find th e 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, and in the case of an application for a licence under sub -section ( 1), not less than two months before such application; (cc) a period of six months in the case of an a pplication under sub -section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso or where a copy of the request has been sent under clause

Question: Under Section 32, what is stated in sub-section (3)?

Answer: in either case, the permission for such export has been given by the Government of that country: Provided further that no licence under this section shall be granted, unless— (a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, within seven years or three years or one year, as the case may be, of the first publication of the work, or if a translation has been so published, it has been out of print;


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

Answer: 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 to produce and publish such translation, or that he was, after due diligence on his part, unable to find the owner of the copyright;


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

Answer: where the applicant was unable to find th e 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, and in the case of an application for a licence under sub -section ( 1), not less than two months before such application;


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

Answer: a period of six months in the case of an a pplication under sub -section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause


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

Answer: of this proviso or where a copy of the request has been sent under clause


Context: (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned i n the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be; (ccc) in the case of any application made under sub-section (1A)— (i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation; (ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with; (d) the Appellate Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; (e) the author has not withdrawn from circulation copies of the work; and (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. (5) Any broadcasting authority may apply to the Appellate Board for a licence t o produce and publish the translation of— (a) a work referred to in sub -section ( 1A) and published in printed or analogous forms of reproduction; or (b) any text incorporated in audio -visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemina tion of the results of specialised, technical or scientific research to the experts in any particular field. (6) The provisions of sub -sections

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

Answer: of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned i n the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be;


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

Answer: in the case of any application made under sub-section (1A)— (i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation; (ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with;


Question: In Section 32, what is meant by 'the Appellate Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the'?

Answer: the Appellate Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;


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

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


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

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


Question: What does Section 32(5) say?

Answer: Any broadcasting authority may apply to the Appellate Board for a licence t o produce and publish the translation of— (a) a work referred to in sub -section ( 1A) and published in printed or analogous forms of reproduction; or (b) any text incorporated in audio -visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemina tion of the results of specialised, technical or scientific research to the experts in any particular field.


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

Answer: The provisions of sub -sections


Context: (2) to ( 4) in so far as they are relatable to an application under sub-section ( 1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless— (a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and (d) the translation and the broadcasting of such translation are not used for any commercial purposes. Explanation.—For the purposes of this section,— (a) “developed country” means a country which is not a developing country; (b) “developing country” means a country which is for the time being regarded as such in conformity with the practice of the General Assembly of the United Nations; (c) “purposes of research ” does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by Government) or other association or body of persons for commercial purposes; (d) “purposes of teaching, research or scholarship” includes— (i) purposes of instructional activi ty at all levels in educational, institu tions, including Schools, Colleges, Universities and tutorial institutions; and (ii) purposes of all other types of organised educational activity.

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

Answer: to ( 4) in so far as they are relatable to an application under sub-section ( 1A), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless— (a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and (d) the translation and the broadcasting of such translation are not used for any commercial purposes. Explanation.—For the purposes of this section,— (a) “developed country” means a country which is not a developing country; (b) “developing country” means a country which is for the time being regarded as such in conformity with the practice of the General Assembly of the United Nations; (c) “purposes of research ” does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by Government) or other association or body of persons for commercial purposes; (d) “purposes of teaching, research or scholarship” includes— (i) purposes of instructional activi ty at all levels in educational, institu tions, including Schools, Colleges, Universities and tutorial institutions; and (ii) purposes of all other types of organised educational activity.


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

Context: (1) Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary , scientific or artistic work,— (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the Appellate Board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities. (2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced. (3) Every applicant for a licence under this sectio n shall, along with his application, deposit w ith the Registrar of Copyrights such fee as may be prescribed.

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

Answer: Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary , scientific or artistic work,— (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the Appellate Board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities.


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

Answer: Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced.


Question: What does Section 32A(3) say?

Answer: Every applicant for a licence under this sectio n shall, along with his application, deposit w ith the Registrar of Copyrights such fee as may be prescribed.