Chapter III
COPYRIGHT
13. Works in which copyright subsists.
13. Works in which copyright subsists.—(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) [i][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 author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a [ii][work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and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 [iii][work of architecture], the work is located in India.
Explanation.—In the 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 [iv][sound recording] made in respect of a literary, dramatic or musical work, if in making the [v][sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a [vi][sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the [vii][sound recording] is made.
(5) In the case of a work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.
14. Meaning of copyright.
[viii][14. Meaning of copyright.—For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:—
(a) in the case of a literary, dramatic or musical work, not being a computer programme,—
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme,—
(i) to do any of the acts specified in clause (a);
[ix][(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:
Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,—
[x][(i) to reproduce the work in any material form including—
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);
(d) in the case of a cinematograph film,—
[xi][(i) to make a copy of the film, including—
(A) a photograph of any image forming part thereof; or
(B) storing of it in any medium by electronic or other means;]
[xii][(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;]
(iii) to communicate the film to the public;
(e) in the case of a sound recording,—
(i) to make any other sound recording embodying it [xiii][including storing of it in any medium by electronic or other means];
[xiv][(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;]
(iii) to communicate the sound recording to the public.
Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.]
15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000 (16 of 2000).
15. Special provision regarding copyright in designs registered or capable of being registered under the [xv][* * *] [xvi][Designs Act, 2000 (16 of 2000)].—(1) Copyright shall not subsist under this Act in any design which is registered under the [xvii][* * *] [xviii][Designs Act, 2000 (16 of 2000)].
(2) Copyright in any design, which is capable of being registered under the [xix][* * *][xx][Designs Act, 2000 (16 of 2000)], but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.
16. No copyright except as provided in this Act.
16. No copyright except as provided in this Act.—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.
References
[i] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “record”.
[ii] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “architectural work of art”.
[iii] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “architectural work of art”.
[iv] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “record”.
[v] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “record”.
[vi] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “record”.
[vii] Substituted by Act 38 of 1994, S. 2 (w.e.f. 10-5-1995) for “record”.
[viii] Substituted by Act 38 of 1994, S. 7 (w.e.f. 10-5-1995).
[ix] Substituted by Act 49 of 1999, S. 3 (w.e.f. 15-1-2000).
[x] Substituted by Act 27 of 2012, S. 5(i) (w.e.f. 21-6-2012).
[xi] Substituted by Act 27 of 2012, S. 5(ii) (w.e.f. 21-6-2012).
[xii] Substituted by Act 27 of 2012, S. 5(ii) (w.e.f. 21-6-2012).
[xiii] Inserted by Act 27 of 2012, S. 5(iii) (w.e.f. 21-6-2012).
[xiv] Substituted by Act 27 of 2012, S. 5(iii) (w.e.f. 21-6-2012).
[xv] The words “Indian Patents and” omitted by Act 23 of 1983, S. 7 (w.e.f. 9-8-1984).
[xvi] Substituted for “Designs Act, 1911 (2 of 1911)” by Act 27 of 2012, S. 6 (w.e.f. 21-6-2012).
[xvii] The words “Indian Patents and” omitted by Act 23 of 1983, S. 7 (w.e.f. 9-8-1984).
[xviii] Substituted for “Designs Act, 1911 (2 of 1911)” by Act 27 of 2012, S. 6 (w.e.f. 21-6-2012).
[xix] The words “Indian Patents and” omitted by Act 23 of 1983, S. 7 (w.e.f. 9-8-1984).
[xx] Substituted for “Designs Act, 1911 (2 of 1911)” by Act 27 of 2012, S. 6 (w.e.f. 21-6-2012).
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