WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/IND/C/1
25 October 2001
(01-5235)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
INDIA
The present document reproduces the text1 of the following laws and regulations, notified by India under
Article 63.2 of the Agreement (see document IP/N/1/IND/2).
Page
- The Copyright Act 1957, as amended by the Copyright (Amendment) Act 1999. 2- Consolidated version of the International Copyright Order, 1999 and the International Copyright
(Amendment) Order, 2000.  The International Copyright Order, 1999 and the International Copyright
(Amendment) Order, 2000, are available in the Secr etariat for consultation by interested Delegations.54
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES A LA PROPRIETE
INTELLECTUELLE NOTIFIEES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD
INDE
Le présent document contient le texte1 des lois et règlements suivants, notifiés par l'Inde au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/IND/2).
Page
- La Loi de 1957 sur le droit d'auteur, modifiée par la Loi de 1999 portant modification de la Loi sur le
droit d'auteur.2
- Texte mis à jour du Décret de 1999 sur le droit d'auteur international et Décret de 2000 portant
modification du Décret sur le droit d'auteur international.  Les délégations intéressées pourront consulterau Secrétariat le Décret de 1999 sur le droit d'auteur international et le Décret de 2000 portantmodification du Décret sur le droit d'auteur international.54
____________________________________________________________________________________________________
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
INDIA
En el presente documento se reproduce el texto
1 de las leyes y reglamentos siguientes, notificados por la India en
virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/IND/2).
Página
- Ley de Derecho de Autor de 1957, modificada por la Ley de Derecho de Autor (Modificación) de 1999 2
- Versión refundida de la Orden Internacional sobre Derecho de Autor de 1999 y la Orden Internacional
sobre Derecho de Autor (Modificación) de 2000.  Las delegaciones interesadas pueden consultar estasdos Órdenes en la Secretaría.54
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/IND/C/1
Page 2
INDIAN COPYRIGHT ACT, 1957
(As amended up to December 1999)
CHAPTER I
Preliminary
[4th June, 1957] An Act to amend and consolidate the law relating to copyright.
Be it enacted by Parliament in the Eighth Year of the Republic of India as follows:
1. Short title, extent and commencement.  -(1) This Act may be called the
Copyright Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date2  as the Central Government may, by
notification in the Official Gazette, appoint.
2. Interpretation. - 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 bymeans of pictures in a form suitable for reproduction in a book, or in a newspaper,
magazine or similar periodical;
3
(iv) in relation to a musical work, any arrangement or transcription of the work; 4 and
(v) 5 in relation to any work, any use of such work involving its re-arrangement or
alteration;
(b) "work of architecture" means any building or structure having an artistic
character or design, or any model for such building or structure; 6
(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) work of architecture;7 and
(iii) any other work of artistic craftsmanship;
(d) "author' means,-(i) in relation to a literary or dramatic work, the author of the work;IP/N/1/IND/C/1
Page 3
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photog raph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
(v) in relation to a cinematograph8 or sound recording the producer; and
(vi) in relation to 9 [any literary, dramatic, musical or artistic work which is computer-
generated, the person who causes the work to be created;]
[(dd) 10 "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) 11 "cinematograph film" means any work of visual recording on any medium
produced through a process from which a moving image may be produced by anymeans and includes a sound recording accompanying such visual recording and"cinematograph" shall be construed as in cluding any work produced by any process
analogous to cinematography including video films;
(ff) 
12 "communication to the public" means making any work available for being
seen or heard or otherwise enjoyed by the public directly or by any means of displayor diffusion other than by issuing copies of such work regardless of whether anymember of the public actually sees, hears or otherwise enjoys the work so madeavailable.
Explanation. - For the purposes of this clause, communication through satellite or
cable or any other means of simultaneous communication to more than one
household or place of residence including residential rooms of any hotel or hostel
shall be deemed to be communication to the public;
(ffa) 
13 "composer', in relation to a musical work, means the person who composes
the music regardless of whether he records it in any form of graphical notation;
(ffb) 14 "computer" includes any electronic or similar device having information
processing capabilities;
(ffc) 15 "computer programme" means a set of instructions expressed in words,
codes, schemes or in any other form, including a machine readable medium,capable of causing a computer to perform a particular task or achieve a particular
result;
(ffd) 
16 "copyright society" means a society registered under sub-section (3) of
section 33IP/N/1/IND/C/1
Page 4
(g) "delivery", in relation to a lecture, includes delivery by means of any mechanical
instrument or by  17[broadcast];
(h) "dramatic work" includes any piece for recitation, choreographic work or
entertainment in dumb show, the scenic arrangement or acting form of which is fixed
in writing or otherwise but does not include a cinematograph film;
[(hh) 18 "duplicating equipment" means any mechanical contrivance or device used
or intended to be used for making copies of any work;]
(i) "engravings" include etchings, lithographs, wood-cuts, prints and other similar
works, not being photographs;
(j) "exclusive licence" means a licence which confers on the licensee or on the
licensee and persons authorised by him, to the exclusion of all other persons(including the owner of the copyright), any right comprised in the copyright in a work,
and "exclusive licensee" shall be construed accordingly;
(k) "Government work" means a work which is made or published by or under the
direction or control of-
(i) the Government or any department of the Government;
(ii) any Legislature in India;(iii) any court, tribunal or other judici al authority in India;
[(l) 
19 "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) 
20 "infringing copy" means,-
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof
otherwise than in the form of a cinematographic film;
(ii) in relation to a cinematographic film, a copy of the film made on any medium by
any means;
(iii) in relation to a sound recording, any other recording embodying the same sound
recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast
reproduction right or a performer's right subsists under the provisions of this Act, thesound recording or a cinematographic film of such programme or performance, ifsuch reproduction, copy or sound recording is made or imported in contravention of
the provisions of this Act;IP/N/1/IND/C/1
Page 5
(n) "lecture" includes address, speech and sermon;
(o) 21 "literary work" includes computer programmes, tables and  compilations
including   computer 35A "literary data bases ;
(p) 22 "musical work" means a work consisting of music and includes any graphical
notation of such work but does not include any words or any action intended to besung, spoken or performed with the music;
(q) 
23 "performance", in relation to performer's right, means any visual or acoustic
presentation made live by one or more performers;
(qq) 24 "performer' includes an actor, singer, musician, dancer, acrobat, juggler,
conjurer, snake charmer, a person delivering a lecture or any other person who
makes a performance;
25 *****
(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, 26 [duplicating equipment] or other device used or intended to be
used for printing or reproducing copies of any work, and any matrix or otherappliance by which 
27 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) 28"producer', in relation to a cinematograph film or sound recording, means a
person who takes the initiative and responsibility for making the work;
29 *****
30 >*****
(x) 31 "reprography" means the making of copies of a work, by photo-copying or
similar means;
(xx) 32 "sound recording" means a recording of sounds from which such sounds may
be produced regardless of the medium on which such recording is made or themethod by which the sounds are produced;
(y) "work" means any of the following works, namely:-
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;(iii) a 
33[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 theIP/N/1/IND/C/1
Page 6
contribution of the other author or authors;
(za) "work of sculpture" includes casts and models.
3. Meaning of publication. 34 For the purposes of this Act, "publication" means
making a work available to the public by issue of copies or by communicating thework to the public.
4. When work not deemed to be published or performed in public. -  Except in
relation to infringement of copyright, a work shall not be deemed to be published orperformed in public, if published, or performed in public, without the licence of the
owner of the copyright.
5. When work deemed to be first published in India. -  For the purposes of this
Act, a work published in lndia shall be deemed to be first published in India,notwithstanding that it has been published simultaneously in some other country,unless such other country provides a shorter term of copyright for such work; and awork shall be deemed to be published simultaneously in India and in anothercountry if the time between the publication in India and the publication in such othercountry does not exceed thirty days or such other period as the Central Government
may, in relation to any specified country, determine.
6. Certain disputes to be decided by Copyright Board.  
35 If any question arises,-
(a) whether a work has been published or as to the date on which a work was
published for the purposes of Chapter V, or
(b) whether the term of copyright for any work is shorter in any other country than
that provided in respect of that work under this Act, it shall be referred to the
Copyright Board constituted under section 11 whose decision thereon shall be final:
Provided that if in the opinion of the Copyright Board, the issue of copies or
communication to the public referred to in section 3 was of an insignificant nature itshall not be deemed to be publication for the purposes of that section.
7. Nationality of author where the making of unpublished work is extended
over considerable period.   -Where, in the case of an unpublished work, the
making of the work is extended over a considerable period, the author of the workshall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, thatcountry of which he was a citizen or wherein he was domiciled during anysubstantial part of that period.
8. Domicile of corporations. -  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.  
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and
Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherryby Reg. 7 of 1963, S. 3 and Sch. 1; and brought into force in the State of Sikkim(w.e.f. 27-4-1979): vide Notification No. S.O. 226(E), dated 27-4-1979, Gazette ofIndia, Extraordinary, Part II, Section 3(ii), page 430IP/N/1/IND/C/1
Page 7
2. 21st January, 1968, vide Notification No. S.R.O. 269, dated 21-1-1958, Gazette o f
India, Extraordinary, Part II, Section 3, page 167
3. Certain words omitted by Act 38 of 1994, s. 2.4. Ins. by Act 38 of 1994, s. 2.
5. Ins. by Act 38 of 1994, s. 2.6. Subs. by Act 38 of 1994, s. 2, for `architectural work of art'.7. Subs. by Act 38 of 1994, s. 2 for "architectural work of art',8. Ins. by Act 38 of 1994. s. 2.9. Ins. by Act 38 of 1994, s. 2.10. Subs. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984)11. Subs. by Act 38 of 1994, s. 212. Subs. by Act 38 of 1994, s. 2.13. Subs. by Act 38 of 1994, s. 2.
14. Ins. by Act 38 of 1994, s. 2.
15. Ins. by Act 38 of 1994, s. 2.16. Subs. by Act 38 of 1994, s. 2.17. Subs. by Act 23 of 1983, s. 2,  for "radio-diffusion" (w.9.f. 9-8-1984)
18. Subs. by Act 66 of 1984, s. 2 (w.e.f. 8-10-1984)19. Subs. by s. 3, ibid for cl. (1) (w.e.f. 9.8.1984).20. Subs. by Act 38 of 1994, s. 2.21. Subs. by Act 38 of 1994, s. 2.22. Subs. by Act 38 of 1994, s. 223. Subs. by Act 38 of 1994, s. 224. Subs. by Act 38 of 1994, s. 2.25. Clause (r) omitted by Act 38 of 1994, s. 2.26. Ins. by Act 68 of 1984, s. 2 (w.e.f. 8-10-1984).27. Subs. by Act 38 of 1994, s. 2 for "records'28. Ins. by Act 38 of 1994, s. 2.29. Clause (v) omitted by Act 23 of 1983, s. 3 (w.e.f. 9.8.1984)30. Clause (w) omitted by Act 38 of 1994, s. 2.31. Subs. by Act 38 of 1994, s. 2.32. Ins. by Act 38 of 1994, s. 2.33. Subs. by Act 38 of 1994, s. 2. for "record".34. Subs. by Act 38 of 1994, s. 3.35. Subs. by Act 38 of 1994, s. 6
[35A. . Subs. by Act 49 of 1999, Section 2, for databasis (wef 15.1.2000)]
_______________
CHAPTER II
Copyright Office and Copyright Board
9. Copyright Office. -  (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 ofIP/N/1/IND/C/1
Page 8
Copyrights who shall act under the superintendence and direction of the Central
Government.
(3) There shall be a seal for the Copyright Office.
10. Registrar and Deputy Regi strars of Copyrights . - (1) The Central
Government shall appoint a Registrar of Copyrights and may appoint one or more
Deputy Registrars of Copyrights.
(2) A Deputy Registrar of Copyrights shall discharge under the superintendence and
direction of the Registrar of Copyrights such functions of the Registrar under this Act
as the Registrar may, from time to time, assign to him; and any reference in this Act
to the Registrar of Copyrights shall include a reference to a Deputy Registrar of
Copyrights when so discharging any such functions.
11. Copyright Board. -  (1) As soon as may be after the commencement of this Act,
the Central Government shall constitute a Board to be called the Copyright Board
which shall consist of a Chairman and not less than two or more than 36 [fourteen]
other members.
(2) The Chairman and other members of the Copyright Board shall hold office for
such period and on such terms and conditions as may be prescribed.
(3) The Chairman of the Copyright Board shall be a person who is, or has been, a
Judge  of 37 * * a High Court or is qualified for appointment as a Judge of a High
Court.
(4) The Registrar of Copyrights shall be the Secretary of the Copyright Board and
shall perform such functions as may be prescribed.
12. Powers and procedure of Copyright Board. -  (1) The Copyright Board shall,
subject to any rules that may be made under this Act, have power to regulate its
own procedure, including the fixing of places and times of its sittings:
Provided that the Copyright Board shall ordinarily hear any proceeding instituted
before it under this Act within the zone in which, at the time of the institution of the
proceeding, the person instituting the proceeding actually and voluntarily resides or
carries on business or personally works for gain.
Explanation.-  In this sub-section "zone" means a zone specified in section 15 of the
States Reorganisation Act, 1956(37 of 1956).
(2) The Copyright Board may exercise and discharge its powers and functions
through Benches constituted by the Chairman of the Copyright Board from amongst
its members, each Bench consisting of not less than three members.
38 "Provided that, if the Chairman is of opinion that any matter of importance is
required to be heard by a larger bench, he may refer the matter to a special bench
consisting of five members.";
(3) If there is a difference of opinion among the members of the Copyright Board or
any Bench thereof in respect of any matter coming before it for decision under thisIP/N/1/IND/C/1
Page 9
Act, the opinion of the majority shall prevail:
39 Provided that where there is no such majority, the opinion of the Chairman shall
prevail.
(4) The 40 [Chairman] may authorise any of its members to exercise any of the
powers conferred on it by section 74 and any order made or act done in exercise of
those powers by the member so authorised shall be deemed to be the order or act,
as the case may be, of the Board.
(5) No member of the Copyright Board shall take part in any proceedings before the
Board in respect of any matter in which he has a personal interest.
(6) No act done or proceeding taken by the Copyright Board under this Act shall be
questioned on the ground merely of the existence of any vacancy in, or defect in the
constitution of, the Board.
(7) The Copyright Board shall be deemed to be a civil court for the purposes of 41
[sections 345 and 346 of the Code of Criminal Procedure, 1973(2 of 1974)], and all
proceedings before the Board shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Indian Penal Code(45 of 1860).
36. Subs. By Act 38 of 1994, s. 11 for "eight".
37. Certain words omitted by Act 38 of 1994, s. 11
38. Ins. by Act 38 of 1994, s. 12.
39. Subs. By Act 38 of 1994, s. 12.
40. Subs. By Act 38 of 1994, 5. 12, for `Copyright Board'
41. Subs. By Act 23 of 1983, s. 6, for certain words (w.e.f. 9-8-1984).
_______________
CHAPTER III
Copyright
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) 42[sound recordings;]
(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 theIP/N/1/IND/C/1
Page 10
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 43 [work of architecture] the
author is at the date of the making of the work a citizen of India or domiciled in India;
and
(iii) in the case of 44 [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 a substantial part of the film is an infringement of the
copyright in any other work;
(b) in any 45 [sound recording] made in respect of a literary, dramatic or musical
work, if in making the 46 [sound recording], copyright in such work has been
infringed.
(4) The copyright in a cinematograph film or a 47 [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  48 [sound recording] is made.
(5) In the case of a 49 [work of architecture] copyright shall subsist only in the artistic
character and design and shall not extent to processes or methods of construction.
14.50 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);IP/N/1/IND/C/1
Page 11
(b) in the case of a computer programme,-
(i) to do any of the acts specified in clause (a);
51A “(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,-
(i) to reproduce the work in any material form including depiction in three dimensions
of a two dimensional work or in two dimensions of a three dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation
to the work in sub-clauses (i) to (iv);
(d) In the case of cinematograph film, -
(i) to make a copy of the film, including a photograph of any image forming part
thereof;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of
whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the film to the public;
(e) In the case of sound recording, -
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording
regardless of whether such copy has been sold or given on hire on earlier
occasions;
(iii) to communicate the sound recording to the public.
Explanation : For the purposes of this section, a copy which has been sold once
shall be deemed to be a copy already in circulation.
15. Special provision regarding copyright  in designs registered or capable of
being registered under the Designs Act,1911.- (1) Copyright shall not subsist
under this Act in any design which is registered under the 51*** Designs Act, 1911(2
of 1911).IP/N/1/IND/C/1
Page 12
(2) Copyright in any design, which is capable of being registered under the51***
Designs Act, 1911(2 of 1911), but which has not been so registered, shall cease as
soon as any article to which the design has been applied has been reproduced more
than fifty times by an industrial process by the owner of the copyright or, with his
license, by any other person.
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 any other
law for the time being in force, but nothing in this section shall be constructed as
abrogating any right or jurisdiction to restrain a breach of trust or confidence.
42. Subs. by Act 38 of 1994, s. 12, for "records"
43. Subs. by Act 38 of 1994, s. 12, for `architecture work of arr'.
44. Subs. by Act 38 of 1994, s. 12, for "an architectural woek of art'.
45. Subs. by Act 38 of 1994, s. 12, for 'record'.
46. Subs. by Act 38 of 1994, s. 12, for 'rerord'.
47. Subs. by Act 38 of 1994, s. 12, for `record'.
48. Subs. by Act 38 of 1994, s. 12, for "record'.
49. Subs. by Act 38 of 1994, s. 2, for "architecture work act'.
50. Subs. by Act 38 of 1994, s. 14.
51. The words "Indian Patents and" omitted by Act 23 of 1983, s.7(w.e.f. 9-8-1984)
[51A. Subs by Act 49 of 1999, Section 3, for sub clause (ii) (wef 15.1.2000)]
_______________
CHAPTER IV
Ownership of Copyright and the Rights of the Owner
17. First owner of copyright. -Subject to the provisions of this Act, the author of a
work shall be the first owner of the copyright therein
Provided that-
(a) in the case of a literary, dramatic or artistic work made by the author in the
course of his employment by the proprietor of a newspaper, magazine or similar
periodical under a contract of service or apprenticeship, for the purpose of
publication in a newspaper, magazine or similar periodical, the said proprietor shall,
in the absence of any agreement to the contrary, be the first owner of the copyright
in the work in so far as the copyright relates to the publication of the work in any
newspaper, magazine or similar periodical, or to the reproduction of the work for the
purpose of its being so published, but in all other respects the author shall be the
first owner of the copyright in the work;
(b) subject to the provisions of clause (a), in the case of a photograph taken, or a
painting or portrait drawn, or an engraving or a cinematograph film made, for
valuable consideration at the instance of any person, such person shall, in theIP/N/1/IND/C/1
Page 13
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;
[(cc) 52 in the case of any address or speech delivered in public, the person who has
delivered such address or speech or if such person has delivered such address or
speech on behalf of any other person, such other person shall be the first owner of
the copyright therein 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) 53 in the case of a work made or first published by or under the direction or
control of any public undertaking, such public undertaking shall, in the absence of
any agreement to the contrary, be the first owner of the copyright therein.
Explanation.- For the purposes of this clause and section 28A, "public undertaking"
means-
(i) an undertaking owned or controlled by Government; or
(ii) a Government company as defined in section 617 of the Companies Act, 1956;
(1 of 1956) or
(iii) a body corporate establis hed by or under any Central,  Provincial or State Act;]
(e) in the case of a work to which the provisions of section 41 apply, the international
organisation concerned shall be the first owner of the copyright therein.
18. Assignment of copyright.  -(1) The owner of the copyright in an existing work or
the prospective owner of the copyright in a future work may assign to any person the
copyright either wholly or partially and either generally or subject to limitations and
either for the whole term of the copyright or any part thereof:
Provided that in the case of the assignment of copyright in any future work, the
assignment shall take effect only when the work comes into existence.
(2) Where the assignee of a copyright becomes entitled to any right comprised in the
copyright, the assignee as respects the rights so assigned, and the assignor as
respects the rights not assigned, shall be treated for the purposes of this Act as the
owner of copyright and the provisions of this Act shall have effect accordingly.
(3) In this section, the expression "assignee" as respects the assignment of the
copyright in any future work includes the legal representatives of the assignee, if the
assignee dies before the work comes into existence.IP/N/1/IND/C/1
Page 14
19.Mode of assignment.-  [(1)]54 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) 55 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) 56 The assignment of copyright in any work shall also specify the amount of
royalty payable, if any, to the author or his legal heirs during the currency of the
assignment and the assignment shall be subject to revision, extension or termination
on terms mutually agreed upon by the parties.
(4)57 Where the assignee does not exercise the rights assigned to him under any of
the other sub-sections of this section within a period of one year from the date of
assignment, the assignment in respect of such rights shall be deemed to have
lapsed after the expiry of the said period unless otherwise specified in the
assignment.
(5) 58 If the period of assignment is not stated, it shall be deemed to be five years
from the date of assignment.
(6) 59 If the territorial extent of assignment of the rights is not specified, it shall be
presumed to extend within India.
(7) 60 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.
19A61 Disputes with respect to assignment of copyright. -(1) If an assignee fails
to make sufficient exercise of the rights assigned to him, and such failure is not
attributable to any act or omission of the assignor, then, the Copyright Board may,
on receipt of a complaint from the assignor and after holding such inquiry as it may
deem necessary, revoke such assignment.
(2) If any dispute arises with respect to the assignment of any copyright the
Copyright Board may, on receipt of a complaint from the aggrieved party and after
holding such inquiry as it considers necessary, pass such order as it may deem fit
including an order for the recovery of any royalty payable:
Provided that the Copyright Board shall not pass any order under this sub-section to
revoke the assignment unless it is satisfied that the terms of assignment are harsh
to the assignor in case the assignor is also the author :
Provided further that no order of revocation of assignment under this sub-section, be
made within a period of five years from the date of such assignment.
20. Transmission of copyright in manuscr ipt by testamentary disposition. -
Where under a bequest a person is entitled to the manuscript of a literary, dramatic
or musical work, or to an artistic work, and the work was not published before the
death of the testator, the bequest shall, unless the contrary intention is indicated inIP/N/1/IND/C/1
Page 15
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 owner of the copyright immediately before
his death.
Explanation.- In this section, the expression "manuscript" means the original
document embodying the work, whether written by hand or not.
21. Right of author to relinquish copyright. -(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 and thereupon such
rights shall, subject to the provisions of sub-section (3), cease to exist from the date
of the notice.
(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall
cause it to be published in the Official Gazette and in such other manner as he may
deem fit.
(3) The relinquishment of all or any of the rights comprised in the copyright in a work
shall not affect any rights subsisting in favour of any person on the date of the notice
referred to in sub-section (1).
52. Ins. by s. 8, ibid. (w.e.f. 9-8-1984)
53. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984)
54. S. 19 re-numbered as sub-section (1) thereof by s. 9, ibid., (W.G.f. 9-8-1984)
55. (Subs. by Act 38 of 1994, s. 19.)
56. (Subs. by Act 38 of 1994, s. 19)
57. (Subs. by Act 38 of 1994, s. 19)
58. (Subs. by Act 38 of 1994, s. 19.)
59. (Subs. by Act 38 of 1994, s, 19.)
60. (Subs. by Act 38 of 1994, s. 19.)
61. Subs. by Act 38 of 1994, s. 19
_______________
CHAPTER V
Term of Copyright
22. Term of copyright in published literary, dramatic, musical and artistic
works. -Except as otherwise hereinafter provided, copyright shall subsist in any
literary, dramatic, musical or artistic work (other than a photograph) published withinthe lifetime of the author until 
62[sixty] years from the beginning of the calendar year
next following the year in which the author dies.
Explanation.-  In this section the reference to the author shall, in the case of a work
of joint authorship, be construed as a reference to the author who dies last.
23. Term of copyright in anonymous and pseudonymous works. -(1) In the case
of a literary, dramatic, musical or artistic work (other than a photograph), which ispublished anonymously or pseudonymous ly, copyright shall subsist until 
63[sixty]IP/N/1/IND/C/1
Page 16
years from the beginning of the calendar year next following the year in which the
work is first published :
Provided that where the identity of the author is disclosed before the expiry of the
said period, copyright shall subsist until 64[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.
(3) In sub-section (1) references to the author shall, in the case of a pseudonymous
work of joint authorship, be construed,-
(a) where the names of one or more (but not all) of the authors are pseudonymous
and his or their identity is not disclosed, as references to the author whose name is
not a pseudonym, or, if the names of two or more of the authors are notpseudonyms, as references to such of those authors who dies last;
(b) where the names of one or more (but not all) of the authors are pseudonyms and
the identity of one or more of them is disclosed, as references to the author whodies 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 identity of one of
them is disclosed, as references to the author whose identity is disclosed or if theidentity of two or more of such authors is disclosed, as references to such of thoseauthors who dies last.
Explanation.-  For the purposes of this section, the identity of an author shall be
deemed to have been disclosed, if either identity of the author is disclosed publicly
by both the author and the publisher or is otherwise established to the satisfaction ofthe Copyright Board by that author.
24. Term of copyright in the posthumous work. -(1) In the case of a literary,
dramatic or musical work or an engraving, in which copyright subsists at the date ofthe death of the author or, in the case of any such work of joint authorship, at orimmediately before the date of the death of the author who dies last, but which, orany adaptation of which, has not been published before that date, copyright shallsubsist until 
65[sixty] years from the beginning of the calendar year next following the
year in which the work is first published or, where an adaptation of the work ispublished 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 beenperformed in public or if any records made in respect of the work have been sold tothe public or have been offered for sale to the public.IP/N/1/IND/C/1
Page 17
25. Term of copyright in photographs. -In the case of a photograph, copyright
shall subsist until 66[sixty] years from the beginning of the calendar year next
following the year in which the photograph is published.
26. Term of copyright in cinematograph films. -In the case of a cinematograph
film, copyright shall subsist until 67[sixty] years from the beginning of the calendar
year next following the year in which the film is published.
27. Term of copyright in records. -In the case of a 68[sound recording], copyright
shall subsist until 69[sixtyl years from the beginning of the calendar year next
following the year in which the 70 [sound recording] is published.
28. Term of copyright in Government work. - In the case of Government work,
where Government is the first owner of the copyright therein, copyright shall subsistuntil 
71[Sixty] years from the beginning of the calendar year next following the year in
which the work is first published.
72[28A. Term of copyright in works of public undertakings.- In the case of a
work, where a public undertaking is the first owner of the copyright therein, copyrightshall until 
73[sixty] years from the beginning of the calendar year next following the
year in which the work is first published.
29. Term of copyright in works of  international organisations.- In the case of a
work of an international organisation to which the provisions of section 41 apply,copyright shall subsist until 
74[sixty] years from the beginning of the calendar year
next following the year in which the work is first published.
62. Subs. by Act 13 of 1992, s. 2 for'fifty'.
63. Subs. by Act 13 of 1992, s. 2 for'fifty".64. Subs. by Act 13 of 1992, s. 2 for `fifty".65. Subs. by Act 13 of 1992, S. 2 for `fifty'66. Subs. by Act 13 of 1992, s. 2 for'fifty'.67. Subs. by Act 13 of 1992, s. 2 for `fifty'.68. Subs. by Act 38 of 1994, s. 2 for "record".69. Subs. by Act 13 of 1992, 2 for `fifty'.70. Subs. by Act 38 of 1994, s. 2 for "record"71. Subs. by Act 13 of 1992, s. 2 for "fiW"72. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1994)73. Subs. by Act 13 of 1992, s. 2 for "lifty"74. Subs. by Act 13 of 1992, s. for "fifty"
_______________
CHAPTER VILICENCES
30.Licences by owners of copyright.-  The owner of the copyright in any existing
work or the prospective owner of the copyright in any future work may grant anyIP/N/1/IND/C/1
Page 18
interest in the right by licence in writing signed by him or by his duly authorised
agent:
Provided that in the case of a licence relating to copyright in any future work, the
licence shall take effect only when the work comes into existence.
Explanation.- Where a person to whom a licence relating to copyright in any future
work is granted under this section dies before the work comes into existence, his
legal representatives shall, in the absence of any provision to the contrary in thelicence, be entitled to the benefit of the licence.
75 30A. Application of sections 19and 19A. -The provisions of sections 19 and 19A
shall, with any necessary adaptations and modifications, apply in relation to alicence under section 30 as they apply in relation to assignment of copyright in a
work.
31. Compulsory licence in works withheld from public. -(1) If at any time during
the term of copyright in any Indian work which has been published or performed inpublic, a complaint is made to the Copyright Board that the owner of copyright in thework- (a) has refused to republish or allow the republication of the work or hasrefused 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 
76[broadcast], of such work
or in the case of 77[sound recording] the work recorded in such [sound recording], on
terms which the complainant considers reasonable;
 the Copyright Board, after giving to the owner of the copyright in the work a
reasonable opportunity of being heard and after holding such inquiry as it may deemnecessary, may, if it is satisfied that the grounds for such refusal are not reasonable,direct the Registrar of Copyrights to grant to the complainant a licence to republishthe 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 ofsuch compensation and subject to such other terms and conditions as the CopyrightBoard may determine; and thereupon the Registrar of Copyrights shall grant thelicence to the complainant in accordance with the directions of the Copyright Board,on payment of such fee as may be prescribed.
Explanation.- In this sub-section, the expression "Indian work' includes-
(i) an artistic work, the author of which is a citizen of India; and
(ii) a cinematograph film or a sound recording made or manufactured in India.
(2) Where two or more persons have made a complaint under sub-section (1), the
licence shall be granted to the complainant who in the opinion of the Copyright
Board would best serve the interests of the general public.
31A.Compulsory licence in unpublished Indian works.- (1) Where, in the case of
an Indian work referred to in sub-clause (iii) of clause (a) of section 2, the author isdead or unknown or cannot be traced, or the owner of the copyright in such workcannot be found, any person may apply to the Copyright Board for a licence toIP/N/1/IND/C/1
Page 19
publish such work or a translation thereof in any language.
(2) Before making an application under sub-section (1), the applicant shall publish
his proposal in one issue of a daily newspaper in the English language havingcirculation in the major part of the country and where the application is for thepublication of a translation in any language, also in one issue of any dailynewspaper in that language.
(3) Every such application shall be made in such form as may be prescribed and
shall be accompanied with a copy of the advertisement issued under sub-section (2)and such fee as may be prescribed.
(4) Where an application is made to the Copyright Board under this section, it may,
after holding such inquiry as may be prescribed, direct the Registrar of Copyrights togrant to the applicant a licence to publish the work or a translation thereof in thelanguage mentioned in the application subject to the payment of such royalty and
subject to such other terms and conditions as the Copyright Board may determine,
and thereupon the Registrar of Copyrights shall grant the licence to the applicant inaccordance with the direction of the Copyright Board.
(5) Where a licence is granted under this section, the Registrar of Copyrights may,
by order, direct the applicant to deposit the amount of the royalty determined by theCopyright Board in the public account of India or in any other account specified bythe Copyright Board so as to enable the owner of the copyright or, as the case maybe, his heirs, executors or the legal representatives to claim such royalty at any
time.
(6) Without prejudice to the foregoing provisions of this section, in the case of a work
referred to in sub-section (1), if the original author is dead, the Central Governmentmay, if it considers that the publication of the work is desirable in the nationalinterest, require the heirs, executors or legal representatives of the author to publishsuch work within such period as may be specified by it.
(7) Where any work is not published within the period specified by the Central
Government under sub-section (6), the Copyright Board may, on an applicationmade by any person for permission to publish the work and after hearing the partiesconcerned, permit such publication on payment of such royalty as the CopyrightBoard may, in the circumstances of such case, determine in the prescribed manner.]
32.Licence to produce and publish translations.-  (1) Any person may apply to
the Copyright Board for a licence to produce and publish a translation of a literary ordramatic work in any language 2[after a period of seven years from the first
publication of the work].
(1A)
80 Notwithstanding anything contained in sub-section (1), any person may apply
to the Copyright Board for a licence to produce and publish a translation, in printedor analogous forms of reproduction, of a literary or dramatic work, other than anIndian work, in any language in general use in India after a period of three yearsfrom the publication of such work, if such translation is required for the purposes ofteaching, scholarship or research:IP/N/1/IND/C/1
Page 20
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 fromsuch publications.]
(2) Every 
81[application under this section] shall be made in such form as may be
prescribed and shall state the proposed retail price of a copy of the translation of the
work.
(3) Every applicant for a licence under this section shall, along with his application,
deposit with the Registrar of Copyrights such fee as may be prescribed.
(4) Where an application is made to the Copyright Board under this section, it may,
after holding such inquiry as may be prescribed, grant to the applicant a licence, notbeing an exclusive licence, to produce and publish a translation of the work in thelanguage mentioned in 
82[the application-
(i) subject to the condition that the applicant shall pay to the owner of the copyright
in the work royalties in respect of copies of the translation of the work sold to the
public, calculated at such rate as the Copyright Board may, in the circumstances ofeach 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 containa notice in the language of such translation that the copy is available for distribution
only in India:
Provided that nothing in clause (ii) shall apply to the export by Government or any
authority under the Government of copies of such translation in a language otherthan English, French or Spanish to any country if-
(1) such copies are sent to citizens of India residing outside India or to any
association of such citizens outside India; or
(2) such copies are meant to be used for purposes of teaching, scholarship or
research and not for any commercial purpose; and
(3) in either case, the permission for such export has been given by the Government
of that country]
 
83[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 authorisedby him, 
82[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 beenout of print;
(b) the applicant has proved to the satisfaction of the Copyright Board that he had
requested and had been denied authorisation by the owner of the copyright toIP/N/1/IND/C/1
Page 21
produce and publish such translation, or that 84[he was, after due diligence on his
part, unable to find] the owner of the copyright;
(c) where the applicant was unable to find the owner of the copyright, he had sent a
copy of his request for 85[such authorisation by registered air mail post to the
publisher whose name appears from the work, and in the case of an application fora licence under sub-section (1)], not less than two months before 
85[such
application];
[(cc)84 a period of six months in the case of an application under sub-section (1A)
(not being an application under the proviso thereto), or nine months in the case ofan application under the proviso to that sub-section, has elapsed from the date ofmaking the request under clause (b) of this proviso, or where a copy of the requesthas been sent under clause (c) of this proviso, from the date of sending of suchcopy, and the translation of the work in the language mentioned in the applicationhas not been published by the owner of the copyright in the work or any personauthorised by him within the said period of six months or nine months, as the casemay be;
(ccc) in the case of any applicat ion made under sub-section (1A),-
(i) the name of the author and the title of the particular edition of the work proposed
to be translated are printed on all the copies of the translation;
(ii) if the work is composed mainly of illustrations, the provisions of section 32A are
also complied with;]
(d) the Copyright Board is satisfied that the applicant is competent to produce and
publish a correct translation of the work and possesses the means to pay to theowner 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)
84 Any broadcasting authority may apply to the Copyright Board for a licence to
produce and publish the translation of-
(a) a work referred to in sub-section (1A) and published in printed or analogous
forms of reproduction; or
(b) any text incorporated in audio-visual fixations prepared had published solely for
the purpose of systematic instructional activities, for broadcasting such translationfor the purposes of teaching or for the dissemination of the results of specialised,technical or scientific research to the experts in any particular field.
(6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an
application under sub-section (1A), shall, with the necessary modifications, apply tothe grant of a licence under sub-section (5) and such licence shall not also begranted unless-IP/N/1/IND/C/1
Page 22
(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 any 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 orcontrolled by Government) or other associations or body of persons for commercialpurposes;
(d) "purposes of teaching, research or scholarship" includes-
(i) purposes of instructional activity at all levels in educational institutions, including
Schools, Colleges, Universities and tutorial institutions; and
(ii) purposes of all other types of organised educational activity.]
[32A.Licence to reproduce and publish works for certain purposes.-
86(1)
Where, after the expiration of the relevant period from the date of the first publicationof an edition of a literary, scientific or artistic work,-
(a) the copies of such edition are not made available in India; or
(b) such copies have not been put on sale in India for a period of six months to the
general public, or in connection with systematic instructional activities at a pricereasonably related to that normally charged in India for comparable works by theowner of the right of reproduction or by any person authorised by him in this behalf,any person may apply to the Copyright Board for a licence to reproduce and publish
such work in printed or analogous forms of reproduction at the price at which such
edition is sold or a lower price for the purposes of systematic instructional activities.
(2) Every such application shall be made in such form as may be prescribed and
shall state the proposed retail price of a copy of the work to be reproduced.
(3) Every applicant for a licence under this section shall, along with his application,
deposit with the Registrar of Copyrights such fee as may be prescribed.
(4) Where an application is made to the Copyright Board under this section, it may,
after holding such inquiry as may be prescribed, grant to the applicant a licence, notbeing an exclusive licence, to produce and publish a reproduction of the workmentioned in the application subject to the conditions that,-IP/N/1/IND/C/1
Page 23
(i) the applicant shall pay to the owner of the copyright in the work royalties in
respect of copies of the reproduction of the work sold to the public, calculated atsuch rate as the Copyright Board may,  in the circumstances of each case,
determine in the prescribed manner;
(ii) a licence granted under this section shall not extend to the export of copies of the
reproduction of the work outside India and every copy of such reproduction shall
contain a notice that the copy is available for distribution only in lndia :
Provided that no such licence shall be granted unless-
(a) the applicant has proved to the satisfaction of the Copyright Board that he had
requested and had been denied authorisation by the owner of the copyright in thework to reproduce and publish such work or  that he was, after due diligence on his
part, unable to find such owner;
(b) where the applicant was unable to find the owner of the copyright, he had sent a
copy of his request for such authorisation by registered airmail post to the publisher
whose name appears from the work not less than three months before theapplication for the licence;
(c) the Copyright Board is satisfied that the applicant is competent to reproduce and
publish an accurate reproduction of the work and possesses the means to pay to the
owner of the copyright the royalties payable to him under this section;
(d) the applicant undertakes to reproduce and publish the work at such price as may
be fixed by the Copyright Board, being a price reasonably related to the pricenormally charged in India for works of the same standard on the same or similarsubjects;
(e) a period of six months in the case of application for the reproduction and
publication of any work of natural science, physical science, mathematics ortechnology, or a period of three months in the case of an application for thereproduction and publication of any other work, has elapsed from the date of makingthe request under clause (a), or where a copy of the request has been sent underclause (b), from the date of sending of a copy, and a reproduction of the work hasnot been published by the owner of the copyright in the work or any personauthorised by him within the said period of six months or, three months, as the casemay be;
(f) the name of the author and the title of the particular edition of the work proposed
to be reproduced are printed on all the copies of the reproduction;
(g) the author has not withdrawn from circulation copies of the work; and
(h) an opportunity of being heard is given, wherever practicable, to the owner of the
copyright in the work.
(5) No licence to reproduce and publish the translation of a work shall be granted
under this section unless such translation has been published by the owner of theright of translation or any person authorised by him and the translation is not in aIP/N/1/IND/C/1
Page 24
language in general use in India.
(6) The provisions of this section shall also apply to the reproduction and
publication, or translation into a language in general use in India, of any textincorporated in audio-visual fixations prepared and published solely for the purposeof systematic instructional activities.
Explanation.-  For the purposes of this section, "relevant period", in relation to any
work, means a period of-
(a) seven years from the date of the first publication of that work, where the
application is for the reproduction and publication of any work of, or relating to,
fiction, poetry, drama, music or art;
(b) three years from the date of the first publication of that work, where the
application is for the reproduction and publication of any work of, or relating to,natural science, physical science, mathematics or technology; and
(c) five years from the date of the first publication of that work, in any other case.32B.  Termination of licences i ssued under this chapter. -(1) If, at any time after
the granting of a licence to produce and publish the translation of a work in anylanguage under sub-section (1A) of section 32 (hereafter in this sub-section referredto as the licensed work), the owner of the copyright in the work or any personauthorised by him publishes a translation of such work in the same language andwhich is substantially the same in content at a price reasonably related to the pricenormally charged in India for the translation of works of the same standard on thesame or similar subject, the licence so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a period of
three months from the date of service of a notice in the prescribed manner on theperson holding such licence by the owner of the right of translation intimating the
publication of the translation as aforesaid:
Provided further that copies of the licensed work produced and published by the
person holding such licence before the termination of the licence takes effect may
continue to be sold or distributed until the copies already produced and published
are exhausted.
(2) If, at any time after the granting of a licence to produce and publish the
reproduction or translation of any work under section 32A, the owner of the right ofreproduction or any person authorised by him sells or distributes copies of suchwork or a translation thereof, as the case may be, in the same language and whichis substantially the same in content at a price reasonably related to the pricenormally charged in India for work of the same standard on the same or similarsubject, the licence so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a period of
three months from the date of service of a notice in the prescribed manner on theIP/N/1/IND/C/1
Page 25
person holding the licence by the owner of the right of reproduction intimating the
sale or distribution of the copies of the editions of work as aforesaid:
Provided further that any copies already reproduced by the licensee before such
termination takes effect may continue to be sold or distributed until the copiesalready produced are exhausted.]
75. Ins. by Act 38 of 1994, s. 30. )76. Subs. by Act 23 of 1983, s. 2 for "radio-diffusion" (w.e.f. 9-8-1984)
77. Subs. by Act 38 of 1994, s. 2 for "record"78. Lins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).79. Subs. by Act 38 of 1994, s. 12 (w.e.f. 9-8-1984).80. Ins. by S. 13, ibid. (w.e.f. 9-8-1984).81. Subs. by Act 23 of 1983, for "such application" (w.e.f. 9-8-1984).82. Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).83. Subs. by s. 13, ibid., for "Provided that no such licence" (w.e.f. 9-8-1984).84. Ins. by s.13, ibid (w.e.f. 9-8-94).85. Subs. by Act 23 of 1983, s. 13 for certain words (w.e.f. 9-8-94).
86. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).
_______________
CHAPTER VII
Copyright Societies
33.1Registration of Copyright Society.-  (1) No person or association of persons
shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or,
carry on the business of issuing or granting licences in respect of any work in which
copyright subsists on respect or in respect of any other rights conferred by this Act
except under or in accordance with the registration granted under sub-section (3):
Provided that owner of copyright shall, in his individual capacity, continue to have
the right to grant licences in respect of his own works consistent with his obligations
as a member of the registered copyright society:
Provided further that the performing rights society functioning in accordance with the
provisions of section 33 on the date immediately before the coming into force of the
Copyright (Amendment) Act, 1994 shall be deemed to be a copyright society for the
purposes of this Chapter and every such society shall get itself registered within a
period of one year from the date of commencement of the Copyright (Amendment)
Act, 1994.
(2) Any association of persons who fulfils such conditions as may be prescribed may
apply for permission to do the business specified in sub-section (1) to the Registrar
of Copyrights who shall submit the application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and
other owners of rights under this Act, the interest and convenience of the public and
in particular of the groups of persons who are most likely to seek licences in respectIP/N/1/IND/C/1
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of the relevant rights and the ability and professional competence of the applicants,
register such association of persons as a copyright society subject to such
conditions as may be prescribed:
Provided that the Central Government shall not ordinarily register more than one
copyright society to do business in respect of the same class of works.
(4) The Central Government may, if it is satisfied that a copyright society is being
managed in a manner detrimental to the interests of the owners of rights concerned,
cancel the registration of such society after such inquiry as may be prescribed.
(5) If the Central Government is of the opinion that in the interest of the owners of
rights concerned, it is necessary so to do, it may, by order, suspend the registration
of such society pending inquiry for such period not exceeding one year as may be
specified in such order under sub-section (4) and that Government shall appoint an
administrator to discharge the functions of the copyright society.
34.87 Administration of rights of owner by copyright society. -(1) Subject to such
conditions as may be prescribed,-
(a) a copyright society may accept from an owner of rights exclusive authorisation to
administer any right in any work by issue of licences or collection of licence fees or
both; and
(b) an owner of rights shall have the right to withdraw such authorisation without
prejudice to the rights of the copyright society under any contract.
(2) It shall be competent for a copyright society to enter into agreement with any
foreign society or organisation administering rights corresponding to rights under
this Act, to entrust to such foreign society or organisation the administration in any
foreign country of rights administered by the said copyright society in India, or for
administering in India the rights administered in a foreign country by such foreign
society or organisation:
Provided that no such society or organisation shall permit any discrimination in
regard to the terms of licence or the distribution of fees collected between rights in
Indian and other works.
(3) Subject to such conditions as may be prescribed, a copyright society may-
(i) issue licences under section 30 in respect of any rights under this Act;
(ii) collect fees in pur suance of such licences;
(iii) distribute such fees among owners of rights after making deductions for its own
expenses;
(iv) perform any other functions consistent which the provisions of section 35.
34A. 88Payment of remuneration by copyright society.-  (1) If the Central
Government is of the opinion that a copyright society for a class of work is generally
administering the rights of the owners of rights in such work throughout India, it shall
appoint that society for the purpose of this section.IP/N/1/IND/C/1
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(2) The copyright society shall, subject to such rules as may be made in this behalf,
frame a scheme for determining the quantum of remuneration payable to individual
copyright owners having regard to the number of copies of the work in circulation:
Provided that such scheme shall restrict payment to the owners of rights whose
works have attained a level of circulation which the copyright society considers
reasonable.
35. Control over the copyright society by the owner of rights. - 89 (1) Every
copyright society shall be subject to the collective control of the owners of rights
under this Act whose rights it administers (not being owners of rights under this Act
administered by a foreign society or organisation referred to in sub-section (2) of
section (34) and shall, in such manner as may be prescribed,- (a) obtain the
approval of such owners of rights for its procedures of collection and distribution of
fees;
(b) obtain their approval for the utilisation of any amounts collected as fees for any
purpose other than distribution to the owner of rights; and
(c) provide to such owners regular, full and detailed information concerning all its
activities, in relation to the administration of their rights.
(2) All fees distributed among the owners of rights shall, as far as may be, be
distributed in proportion to the actual use of their works.
36.Submission of returns and reports.-90 (1) Every copyright society shall submit
to the Registrar of Copyrights such returns as may be prescribed.
(2) Any officer duly authorised by the Central Government in this behalf may call for
any report and also call for any records of any copyright society for the purpose of
satisfying himself that the fees collected by the society in respect of rights
administered by it are being utilised or distributed in accordance with the provisions
of this Act.
36A.Rights and liabilities of performing rights societies.-91 Nothing in this
Chapter shall affect any ri ghts or liabilities in any work in connection with a
performing rights society which had accrued or were incurred on or before the day
prior to the commencement of the Copyright (Amendment) Act, 1994, or any legal
proceedings in respect of any such ri ghts or liabilities pending on that day."
1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and
Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1; to Pondicherry
by Reg. 7 of 1963, S. 3 and Sch. 1; and brought into force in the State of Sikkim
(w.e.f. 27-4-1979): vide Notification No. S.O. 226(E), dated 27-4-1979, Gazette of
India, Extraordinary, Part II, Section 3(ii), page 430
86a. Subs. by Act 38 of 1994, s. 33
87. Subs. by Act 38 of 1994, s. 34
88. Ins. by Act 38 of 1994, s. 34A
89. Subs. by Act 38 of 1994, s. 35IP/N/1/IND/C/1
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90. Subs. by Act 38 of 1994, s. 36
91. Ins. of Act 38 of 1994, s. 36A
CHAPTER VIII
Rights of Broadcasting 92 Organisation and of Performers
37.93Broadcast reproduction right. -(1) Every broadcasting organisation shall have
a special right to be known as "broadcast reproduction right" in respect of its
broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the
beginning of the calendar year next following the year in which the broadcast ismade.
(3) During the continuance of a broadcast reproduction right in relation to any
broadcast, any person who, without the licence of the owner of the right does any ofthe following acts of the broadcast or any substantial part thereof,-
(a) re-broadcasts the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any
charges; or
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such
initial recording was done without licence or, where it was licensed, for any purpose
not envisaged by such licence; or
(e) sells or hires to the public or offers for such sale or hire, any such sound
recording or visual recording referred to in clause (c) or clause (d) shall, subject tothe provisions of section 39, be deemed to have infringed the broadcast
reproduction right.
38.
94 Performer’s right - (1) Where any performer appears or engages in any
performance, he shall have a special right to be known as the "performer's right" inrelation to such performance.
(2) The performer's right shall subsist until  
96A fifty years from the beginning of the
calendar year next following the year in which the performance is made.
(3) During the continuance of a performer's right in relation to any performance, any
person who, without the consent of the performer, does any of the following acts in
respect of the performance or any substantial part thereof, namely :-
(a) makes a sound recording or visual recording of the performance; or
(b) reproduces a sound recording or visual recording of the performance, which
sound recording or visual recording was-
(i) made without the performer's consent; or
(ii) made for purposes different from those for which the performer gave his consent;IP/N/1/IND/C/1
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or
(iii) made for purposes different from those referred to in section 39 from a sound
recording or visual recording which was made in accordance with section 39; or
(c) broadcasts the performance except where the broadcast is made from a sound
recording or visual recording other than one made in accordance with section 39, oris a re-broadcast by the same broadcasting organisation of an earlier broadcastwhich did not infringe the performer's right; or
(d) communicates the performance to the public otherwise than by broadcast,
except where such communication to the public is made from a sound recording or avisual recording or a broadcast, shall, subject to the provision of section 39, be
deemed to have infringed the performer's right.
(4) Once a performer has consented to the incorporation of his performance in a
cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no
further application to such performance.
39.
95 Acts not infringing broadcast reproduc tion right or performer’s right. –
No broadcast reproduction right or performer's right shall be deemed to be infringedby-
(a) the making of any sound recording or visual recording for the private use of the
person making such recording, or solely for purposes of bona fide teaching or
research; or
(b) the use, consistent with fair dealing, of excerpts of a performance or of a
broadcast in the reporting of current events or for bona fide  review, teaching or
research; or
(c) such order acts, with any necessary adaptations and modifications, which do not
constitute infringement of copyright under section 52.
39A.
96 Other provisions applying to broadcast reproduction right and
performer’s right.-  Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any
necessary adaptations and modifications, apply in relation to the broadcastreproduction right in any broadcast and the performers' right in any performance as
they apply in relation to copyright in a work :
Provided that where copyright or performer's right subsists in respect of any work or
performance that has been broadcast, no licence to reproduce such broadcast shalltake effect without the consent of the owner of rights or performer, as the casemaybe, or both of them.
92. Subs. by Act.38 of 1994, cl. 12 for 'Authorities'93. Subs. by Act 38 of 1994, s. 3794. Subs. by Act 38 of 1994, s. 3895. Subs. by Act 38 of 1994, s. 39IP/N/1/IND/C/1
Page 30
96. Subs. by Act 38 of 1994, s. 39A.
[96A. Subs. By Act 49 of 1999, Section 4, for twenty five years (wef 15.1.2000)]
_______________
CHAPTER IX
International Copyright
40. Power to extend copyright to foreign works.--  The Central Government may,
by 97 order published in the Official Gazette, direct that all or any provisions of this
Act shall apply-
(a) to work first published in any class territory outside India to which the order
relates in like manner as if they were first published within India;
(b) to unpublished works, or any class thereof, the authors whereof were at the time
of the making of the work, subjects or citizens of a foreign country to which the order
relates, in like manner as if the authors were citizens of India;
(c) in respect of domicile in any territory outside India to which the order relates in
like manner as if such domicile were in India;
(d) to any work of which the author was at the date of the first publication thereof, or,
in a case where the author was dead at that date, was at the time of his death, asubject or citizen of a foreign country to which the order relates in like manner as ifthe author was a citizen of lndia at that date or time; and thereupon, subject to theprovisions of this Chapter and of the order, this Act shall apply accordingly:
Provided that-
(i) before making an order under this section in respect of any foreign country (other
than a country with which India has entered into a treaty or which is a party to aconvention relating to copyright to which India is also a party), the CentralGovernment shall be satisfied that that foreign country has made, or has undertakento make, such provisions if any, as it appears to the Central Government expedientto require for the protection in that country of works entitled to copyright under theprovisions of this Act;
(ii) the order may provide that the provisions of this Act shall apply either generally
or in relation to such classes of works or  such classes of cases as may be specified
in the order;
(iii) the order may provide that the term of copyright in India shall not exceed that
conferred by the law of the country to which the order relates;
(iv) the order may provide that the enjoyment of the rights conferred by this Act shall
be subject to the accomplishment of such conditions and formalities, if any, as maybe prescribed by the order;
(v) in applying the provisions of this Act as to ownership of copyright, the order mayIP/N/1/IND/C/1
Page 31
make such exceptions and modifications as appear necessary, having regard to the
law of the foreign country;
(vi) the order may provide that this Act or any part thereof shall not apply to works
made before the commencement of the order or that this Act or any part thereofsmall not apply to works first published before the commencement of the order.
 
98A "40A. (1) If the Central Government is satisfied that a foreign country (other than
a country with which India has entered into a treaty or which is a party to a
convention relating to rights of broadcasting organisations and performers to which
India is also a party) has made or has undertaken to make such provisions, if any,
as it appears to the Central Government expedient to require, for the protection in
that foreign country, of the rights of broadcasting organisations and performers as is
available under this Act, it may, by order published in the Official Gazette, direct that
the provisions of Chapter VIII shall apply -
(a) to broadcasting organisations whose headquarters is situated in a country to
which the order relates or, the broadcast was transmitted from a transmitter situated
in a country to which the order relates as if the headquarters of such organisation
were situated in India or such broadcast were made from India;
(b) to performances that took place outside India to which the order relates in like
manner as if they took place in India;
(c) to performances that are incorporated in a sound recording published in a
country to which the order relates as if it was published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting
organisation the headquarters of which is located in a country to which the order
relates or where the broadcast is transmitted from a transmitter which is situated in a
country to which the order relates as if the headquarters of such organisation were
situated in India or such broadcast were made from India.
(2) Every order made under sub-section (1) may provide that -
(i) the provisions of Chapter VIII shall apply either generally or in relation to such
class or classes of broadcasts or performances or such other class or classes of
cases as may be specified in the order;
(ii) the term of the rights of broadcasting organisations and performers in India shall
not exceed such term as is conferred by the law of the country to which the order
relates;
(iii) the enjoyment of the rights conferr ed by Chapter VIII shall be subject to the
accomplishment of such conditions and formalities, if any, as may be specified in
that order;
(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances
made before the commencement of the order or that Chapter VIII or any part thereof
shall not apply to broadcasts and performances broadcast or performed before the
commencement of the order;
(v) in case of ownership of rights of broadcasting organisations and performers, the
provisions of Chapter VIII shall apply with such exceptions and modifications as the
Central Government may, having regard to the law of the foreign country, considerIP/N/1/IND/C/1
Page 32
necessary."
41. Provisions as to works of ce rtain international organisations.  -(1) Where-
(a) any work is made or first published by or under the direction or control of any
organisation to which this section applies, and
(b) there would, apart from this section, be no copyright in the work in India at the
time of the making or, as the case may be, of the first publication thereof, and
(c) either-
(i) the work is published as aforesaid in pursuance of an agreement in that behalf
with the author, being an agreement which does not reserve to the author thecopyright, if any, in the work, or
(ii) under section 17 any copyright in the work would belong to the organisation;
there shall, by virtue of this section, be copyright in the work throughout India.
(2) Any organisation to which this section applies which at the material time had not
the legal capacity of a body corporate shall have and be deemed at all materialtimes to have had the legal capacity of a body corporate for the purpose of holding,dealing with, and enforcing copyright and in connection with all legal proceedings
relating to copyright.
(3) The organisation to which this section applies are such organisations as the
Central Government may, by 
98order published in the Official Gazette, declare to be
organisations of which one or more sovereign powers or the Government orGovernments thereof are members to which it is expedient that this section shallapply.
42. Power to restrict rights in works of  foreign authors first published in India.
-If it appears to the Central Government that a foreign country does not give or hasnot undertaken to give adequate protection to the works of Indian authors, theCentral Government may, by order published in the Official Gazette, direct that suchof the provisions of this Act as confer copyright on works first published in India shallnot apply to works, published after the date specified in the order, the authorswhereof are subjects or citizens of such foreign country and are not domiciled in
India, and thereupon those provisions shall not apply to such works.
 
98B "42A. If it appears to the Central Government that a foreign country does not
give or has not undertaken to give adequate protection to rights of broadcasting
organisations or performers, the Central Government may, by order published in the
Official Gazette, direct that such of the provisions of this Act as confer right to
broadcasting organisations or performers, as the case may be, shall not apply to
broadcasting organisations or performers whereof are based on incorporated in
such foreign country or are subjects or citizens of such foreign country and are not
incorporated or domiciled in India, and thereupon those provisions shall not apply to
such broadcasting organisations or performers."IP/N/1/IND/C/1
Page 33
43. Orders under this Chapter to be laid before Parliament.-  Every order made
by the Central Government under this Chapter shall, as soon as may be after it ismade, be laid before both Houses of Parliament and shall be subject to suchmodifications as Parliament may make during the session in which it is so laid or thesession immediately following.
97. For International Copyright Order, 1991, see Gazette of India, Extraordinary, Pt.II, Sec. 3, No. 56198. For Copyright (International Organisations) Order, 1991, see Gazette of India,Pt. II, Sec. 3, No. 561
[98A. Ins. By Act 49 of 1999, Section 5 (wef 15.1.2000)]
[98B. Ins. By Act 49 of 1999, Section 6(wef 15.1.2000)]
_______________IP/N/1/IND/C/1
Page 34
CHAPTER X
Registration of Copyright
44. Register of Copyrights.  -There shall be kept at the Copyright Office a register
in the prescribed form to be called the Register of Copyrights in which may beentered the names or titles of works and the names and addresses of authors,publishers and owners of copyright and such other particulars as may be prescribed.
45. Entries in register of Copyrights.  -(1) The author or publisher of, or the owner
of or other person interested in the copyright in, any work may make an applicationin the prescribed form accompanied by the prescribed fee to the Registrar ofCopyrights for entering particulars of the work in the Register of Copyrights :
99 [Provided that in respect of an artistic work which is used or is capable of being
used in relation to any goods, the application shall include a statement to that effectand shall be accompanied by a certificate from the Registrar of Trade Marks referredto in section 4 of the Trade and Merchandise Marks Act, 1958(43 of 1958), to theeffect that no trade mark identical with or deceptively similar to such artistic work hasbeen registered under that Act in the name of, or that no application has been made
under that Act for such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub-section (1), the
Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter theparticulars of the work in the Register of Copyrights.
46. Indexes.  -There shall be also kept at the Copyright Office such indexes of the
Register of Copyrights as may be prescribed.
47. Forms and inspection of  register.  -The Register of Copyrights and indexes
thereof kept under this Act shall at all reasonable times be open to inspection, andany person shall be entitled to take copies of, or make extracts from, such register orindexes on payment of such fee and subject to such conditions as may beprescribed.
48. Register of Copyrights to be prima facie  evidence of partriculars entered
therein.  -The Register of Copyrights shall be prima facie evidence of the particulars
entered therein and documents purporting to be copies of any entries therein, orextracts therefrom certified by the Registrar of Copyrights and sealed with the sealof the Copyright Office shall be admissible in evidence in all courts without further
proof or production of the original.
49. Correction of entries in the Register of Copyrights.  -The Registrar of
Copyrights may, in the prescribed cases and subject to the prescribed conditions,amend or alter the Register of Copyrights by-
(a) correcting any error in any name, address or particulars; or
(b) correcting any other error which may have arisen therein by accidental slip or
omission.
50. Rectification of Register by Copyright Board.  -The Copyright Board, onIP/N/1/IND/C/1
Page 35
application of the Registrar of Copyrights or of any person aggrieved, shall order the
rectification of the Register of Copyrights by-
(a) the making of any entry wrongly omitted to be made in the register, or
(b) the expunging of any entry wrongly made in, or remaining on, the register, or(c) the correction of any error or defect in the register.
[50A. Entries in the Register of Copyrights,etc, to be published.  
100 Every entry
made in the Register of Copyrights or the particulars of any work entered undersection 45, the correction of every entry made in such register under section 49, andevery rectification ordered under section 50, shall be published by the Registrar ofCopyrights in the Official Gazette or in such other manner as he may deem fit.]
99. Added by Act 23 of 1983, s. 16 (w.e..f. 9-8-1984).
100. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9-8-1984).
_______________
CHAPTER XI
Infringement of Copyright
51. When copyright infringed.  -Copyright in a work shall be deemed to be
infringed-
(a) when any person, without a licence granted by the owner of the copyright or the
Registrar of Copyrights under this Act or in contravention of the conditions of a
licence so granted or of any condition imposed by a competent authority under this
Act-
(i) does anything, the exclusive right to do which is by this Act conferred upon the
owner of the copyright, or
(ii)101 permits for profit any place to be used for the communication of the work to the
public where such communication constitutes an infringement of the copyright in the
work, unless he was not aware and had no reasonable ground for believing that
such communication to the public would be an infringement of copyright; or
(b) when any person-
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers
for sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect
prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports 102***** into India, any infringing copies of the workIP/N/1/IND/C/1
Page 36
103Provided that nothing in sub-clause (iv) shall apply to the import of one copy of
any work for the private and domestic use of the importer.
Explanation.- For the purposes of this section, the reproduction of a literary,
dramatic, musical or artistic work in the form of a cinematograph film shall be
deemed to be an "infringing copy".
52. Certain acts not to be infringement  of copyright.  -(1) The following acts shall
not constitute an infringement of copyright, namely:
(a) a fair dealing with a literary, dramatic, musical or artistic work 104[not being a
computer programme] for the purposes of-
(i) 105private use, including research;
(ii) criticism or review, whether of that work or of any other work; "
(aa)106 the making of copies or adaptation of a computer programme by the lawful
possessor of a copy of such computer programme, from such copy-
(i) in order to utilise the computer programme for the purposes for which it was
supplied; or
(ii) to make back-up copies purely as a temporary protection against loss,
destruction or damage in order only to utilise the computer programme for the
purpose for which it was supplied;"
121A "(ab) the doing of any act necessary to obtain information essential for operating
inter-operability of an independently cr eated computer programme with other
programmes by a lawful possessor of a computer programme provided that such
information is not otherwise readily available;
(ac) the observation, study or test of functioning of the computer programme in order
to determine the ideas and principles which underline any elements of the
programme while performing such acts necessary for the functions for which the
computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a
personally legally obtained copy for non-commercial personal use; ;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of
reporting current events-
(i) in a newspaper, magazine or similar periodical, or
(ii) by 107[broadcast] or in a cinematograph film or by means of photographs.
108[Explanation.- The publication of a compilation of addresses or speeches
delivered in public is not a fair dealing of such work within the meaning of this
clause;]
(c) the reproduction of a literary, dramatic, musical or artistic work for the purpose ofIP/N/1/IND/C/1
Page 37
a judicial proceeding or for the purpose of a report of a judicial proceeding;
(d) the reproduction or publication of a literary, dramatic, musical or artistic work in
any work prepared by the Secretariat of a Legislature or, where the Legislature
consists of two Houses, by the Secretariat of either House of the Legislature,
exclusively for the use of the members of that Legislature;
(e) the reproduction of any literary, dramatic or musical work in a certified copy
made or supplied in accordance with any law for the time being in force;
(f) the reading or recitation in public of any reasonable extract from a published
literary or dramatic work;
(g) the publication in a collection, mainly composed of non-copyright matter, bona
fide intended for the use of educational institutions, and so described in the title and
in any advertisement issued by or on behalf of the publisher, of short passages from
published literary or dramatic works, not themselves published for the use of
educational institutions, in which copyright subsists :
Provided that not more than two such passages from works by the same author are
published by the same publisher during any period of five years.
Explanation.-  In the case of a work of joint authorship, references in this clause to
passages from works shall include references to passages from works by any one
or more of the authors of those passages or by any one or more of those authors in
collaboration with any other person;
(h) the reproduction of a literary, dramatic, musical or artistic work-
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the questions to be answered in an examination; or
(iii) in answers to such questions;
(i) the performance, in the course of the activities of an educational institution, of a
literary, dramatic or musical work by the staff and students of the institution, or of a
cinematograph film or a 109[sound recordings] if the audience is limited to such staff
and students, the parents and guardians of the students and persons directly
connected with the activities of the institution 110[or the communication to such an
audience of a cinematograph film or sound recording].
(j) 111 the making of sound recordings in respect of any literary, dramatic or musical
work, if-
(i) sound recordings of that work have been made by or with the licence or consent
of the owner of the right in the work;
(ii) the person making the sound recordings has given a notice of his intention to
make the sound recordings, has provided copies of all covers or labels with which
the sound recordings are to be sold, and has paid in the prescribed manner to the
owner of rights in the work royalities in respect of all such sound recordings to be
made by him, at the rate fixed by the Copyright Board in this behalf:IP/N/1/IND/C/1
Page 38
Provided that-
(i) no alterations shall be made which have not been made previously by or with the
consent of the owner of rights, or which are not reasonably necessary for the
adaptation of the work for the purpose of making the sound recordings;
(ii) the sound recordings shall not be issued in any form of packaging or with any
label which is likely to mislead or confuse the public as to their identity;
(iii) no such sound recording shall be made until the expiration of two calendar years
after the end of the year in which the first sound recording of the work was made;
and
(iv) the person making such sound recordings shall allow the owner of rights or his
duly authorised agent or representative to inspect all records and books of account
relating to such sound recording:
Provided further that if on a complaint brought before the Copyright Board to the
effect that the owner of rights has not been paid in full for any sound recordings
purporting to be made in pursuance of this clause, the Copyright Board is, prima
facie , satisfied that the complaint is genuine, it may pass an order ex parte  directing
the person making the sound recording to cease from making further copies and,
after holding such inquiry as it considers necessary, make such further order as it
may deem fit, including an order for payment of royalty;
(k) 112 the causing of a recording to be heard in public by utilising it,-
(i) in an enclosed room or hall meant for the common use of residents in any
residential premises (not being a hotel or similar commercial establishment) as part
of the amenities provided exclusively or mainly for residents therein; or
(ii) as part of the activities of a club or similar organisation which is not established
or conducted for profit;
 (l) the performance of a literary, dramatic or musical work by an amateur club or
society, if the performance is given to a non-paying audience, or for the benefit of a
religious institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on
current economic, political, social or religious topics, unless the author of such
article has expressly reserved to himself the right of such reproduction;
(n) the publication in a newspaper, magazine or other periodical of a report of a
lecture delivered in public;
(o) the making of not more than three copies of a book (including a pamphlet, sheet
of music, map, chart or plan) by or under the direction of the person in charge of a
public library for the use of the library if such book is not available for sale in India;
(p) the reproduction, for the purpose of research or private study or with a view to
publication, of an unpublished literary, dramatic or musical work kept in a library,
museum or other institution to which the public has access :IP/N/1/IND/C/1
Page 39
Provided that where the identity of the author of any such work or, in the case of a
work of joint authorship, of any of the authors is known to the library, museum or
other institution, as the case may be, the provisions of this clause shall apply only i f
such reproduction is made at a time more  than  121B sixty years from the date of the
death of the author or, in the case of a work of joint authorship, from the death of the
author whose identity is known or, if the identity of more authors than one is known
from the death of such of those authors who dies last;
(q) the reproduction or publication of-
(i) any matter which has been published in any Official Gazette except an Act of a
Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or
published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commi ssion, council, board or other like body
appointed by the Government if such report has been laid on the Table of the
Legislature, unless the reproduction or publication of such report is prohibited by the
Government;
(iv) any judgement or order of a court, tribunal or other judicial authority, unless the
reproduction or publication of such judgment or order is prohibited by the court, the
tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a
Legislature and of any rules or orders made thereunder-
(i) if no translation of such Act or rules or orders in that language has previously
been produced or published by the Government; or
(ii) where a translation of such Act or rules or orders in that language has been
produced or published by the Government, if the translation is not available for sale
to the public:
Provided that such translation contains a statement at a prominent place to the
effect that the translation has not been authorised or accepted as authentic by the
Government;
(s) 113 the making or publishing of a painting, drawing, engraving or photograph of a
work of architecture or the display of a work of architecture;
(t) the making or publishing of a painting, drawing, engraving or photograph of a
sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section
2, if such work is permanently situate in a public place or any premises to which the
public has access;
(u) the inclusion in a cinematograph film of-
(i) any artistic work permanently situate in a public place or any premises to which
the public has access; or
(ii) any other artistic work, if such inclusion is only by way of background or isIP/N/1/IND/C/1
Page 40
otherwise incidental to the principal matters represented in the film;
(v) the use by the author of an artistic work, where the author of such work is not the
owner of the copyright therein, of any mould, cast, sketch, plan, model or study
made by him for the purpose of the work :
Provided that he does not thereby repeat or imitate the main design of the work;
114******
(x) the reconstruction of a building or structure in accordance with the architectural
drawings or plans by reference to which the building or structure was originally
constructed :
Provided that the original construction was made with the consent or licence of the
owner of the copyright in such drawings and plans;
(y) in relation to a literary, dramatic or musical work recorded or reproduced in any
cinematograph film the exhibition of such film after the expiration of the term of
copyright therein :
Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (a) of clause
(b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless
that act is accompanied by an acknowledgment-
(i) identifying the work by its title or other description; and
(ii) unless the work is anonymous or the author of the work has previously agreed or
required that no acknowledgement of his name should be made, also identifying the
author.
(z) 115 the making of an ephemeral recording, by a broadcasting organisation using
its own facilities for its own broadcast by  a broadcasting org anisation of a work
which it has the right to broadcast; and the retention of such recording for archival
purposes on the ground of its exceptional documentary character;
(za) 116 the performance of a literary, dramatic or musical work or the communication
to the public of such work or of a sound recording in the course of any  bona fide
religious ceremony or an official ceremony held by the Central Government or the
State Government or any local authority.
Explanation.-  For the purpose of this clause, religious ceremony including a
marriage procession and other social festivities associated with a marriage.
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to
the translation of a literary, dramatic or musical work or the adaptation of a literary,
dramatic, musical or artistic work as they apply in relation to the work itself.
[52A. Particulars to be included in records and video films.  117 (1) No person
shall publish a 118[sound recording] in respect of any work unless the following
particulars are displayed on the [sound recording] and on any container thereof,IP/N/1/IND/C/1
Page 41
namely:-
(a) the name and address of the person who has made the [sound recording];
(b) the name and address of the owner of the copyright in such work; and
(c) the year of its first publication.
(2) No person shall publish a video film in respect of any work unless the following
particulars are displayed in the video film, when exhibited, and on the video cassette
or other container thereof, namely :-
(a) if such work is a cinematograph film required to be certified for exhibition under
the provisions of the Cinematograph Act, 1952, a copy of the certificate granted by
the Board of Film Certification under section 5A of that Act in respect of such work;
(b) the name and address of the person who has made the video film and a
declaration by him that he has obtained the necessary licence or consent from the
owner of the copyright in such work for making such video film; and
(c) the name and address of the owner of the copyright in such work.]
52B. Accounts and Audit.  119 (1) Every copyright society appointed under section
34A shall maintain proper accounts and other relevant records and prepare an
annual statement of accounts, in such form and in such manner as may be
prescribed by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of each of the copyright societies in relation to the payments
received from the Central Government shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by the copyright
society to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India or any other person appointed by
him in connection with the audit of the accounts of the copyright society referred to
in sub-section (2) shall have the same rights and privileges and authority in
connection with such audit as the Comptroller and Auditor-General has in
connection with the audit of the Government accounts and, in particular, shall have
the right to demand the production of books, accounts and other documents and
papers and to inspect any of the offices of the copyright society for the purpose only
of such audit.
(4) The accounts of each of the copyright societies as certified by the Comptroller
and Auditor-Generai of India or any other person appointed by him in this behalf
together with the audit report thereon shall be forwarded annually to the Central
Government and that Government shall cause the same to be laid before each
House of Parliament.
53. Importation of infringing copies.  -(1) The Registrar of Copyrights, on
application by the owner of the copyright in any work or by his duly authorised agentIP/N/1/IND/C/1
Page 42
and on payment of the prescribed fee, may, after making such inquiry as he deems
fit, order that copies made out of India of the work which if made in India would
infringe copyright shall not be imported.
(2) Subject to any rules made under this Act, the Registrar of Copyrights or any
person authorised by him in this behalf may enter any ship, dock or premises where
any such copies as are referred to in sub-section (1) may be found and may
examine such copies.
(3) All copies to which any order made under sub-section (1) applies shall be
deemed to be goods of which the import has been prohibited or restricted 120[under
section 11 of the Customs Act, 1962(51 of 1962)], and all the provisions of that Act
shall have effect accordingly:
Provided that all such copies confiscated under the provisions of the said Act shall
not vest in the Government but shall be delivered to the owner of the copyright in the
work.
53A. Resale share right in original copies.  121 (1) In the case of resale for a price
exceeding ten thousand rupees, of the original copy of a painting, sculpture or
drawing, or of the original manuscript of a literary or dramatic work or musical work,
the author of such work if he was the first owner of rights under section 17 or his
legal heirs shall, notwithstanding any assignment of copyright in such work, have a
right to share in the resale-price of such  original copy or manuscript in accordance
with the provisions of this section:
Provided that such right shall cease to exist on the expiration of the term of
copyright in the work.
(2) The share referred to in sub-section (1) shall be such as the Copyright Board
may fix and the decision of the Copyright Board in this behalf shall be final :
Provided that the Copyright Board may fix different shares for different classes of
work :
Provided further that in no case shall the share exceed ten per cent of the resale
price.
(3) If any dispute arises regarding the right conferred by this section, it shall be
referred to the Copyright Board whose decision shall be final.
101. Subs. by Act 38 of 1994, s. 51.
102. Certain words omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1984).
103. Subs. by Act 38 of 1994, s. 5 1
104. Ins. by Act 38 of 1984, s. 52.
105. Ins. by Act 38 of 1994, s. 52.
106. Ins. by Act 38 of 1994, s. 52.
107. Subs. by Act 23 of 1983, s. 2, for "radio-diffusion" (w.o.f. .9-8-1994).
108. Ins. by s. 18, ibid (w.e.f. 9-8-1984).
109. Subs. by Act 38 of 1984, s. 2, for "record".
110. Ins. by Act 38 of 1994, s. 52.IP/N/1/IND/C/1
Page 43
111. Subs. by Act 38 of 1994, s. 52.
112. Subs. by Act 38 of 1994, s. 52
113. Subs by Act 38 of 1994, s. 52
114. Clause (w) omitted by Act 38 of 1994, s. 52.
115. Ins. by Act 38 of 1994, s. 52.
116. Ins. by Act 38 of 1994, s. 52.
117. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8-10-1984).
118. Subs. by Act 38 of 1994, s. 2 for `record'.
119. Ins. by Act 38 of 1994, s. 52B
120. Sub. by-Act 23 Df 1983, s. 19, for "under section 19 of the Sea Custorns Act,
1878" (w.e.f. 9-8-1984).
121. Ins. by Act 38 of 1994, s. 53A.
[121A. Ins. By Act 49 of 1999, Section 7(wef 15.1.2000)]
[121B. Subs. By Act 49 of 1999 Section 7 for fifty years (wef 15.1.2000)]
_______________
CHAPTER XII
Civil Remedies
54. Definition.  -For the purposes of this Chapter, unless the context otherwise
requires, the expression "owner of copyright" shall include-
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or
artistic work, the publisher of the work, until the identity of the author or, in the case
of an anonymous work of joint authorship, or a work of joint authorship published
under names all of which are pseudonyms, the identity of any of the authors, is
disclosed publicly by the author and the publisher or is otherwise established to the
satisfaction of the Copyright Board by that author or his legal representatives.
55. Civil remedies for infringement of copyright. -  (1) Where copyright in any
work has been infringed, the owner of the copyright shall, except as otherwise
provided by this Act, be entitled to all such remedies by way of injunction, damages,
accounts and otherwise as are or may be conferred by law for the infringement of a
right :
Provided that if the defendant proves that at the date of the infringement he was not
aware and had no reasonable ground for believing that copyright subsisted in the
work, the plaintiff shall not be entitled to any remedy other than an injunction in
respect of the infringement and a decree for the whole or part of the profits made by
the defendant by the sale of the infringing copies as the court may in the
circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical or artistic work, a name
purporting to be that of the author or the publisher, as the case may be, appears on
copies of the work as published, or, in the case of an artistic work, appeared on theIP/N/1/IND/C/1
Page 44
work when it was made, the person whose name so appears or appeared shall, in
any proceeding in respect of infringement of copyright in such work, be presumed,
unless the contrary is proved, to be the author or the publisher of the work, as the
case may be.
(3) The costs of all parties in any proceedings in respect of the infringement of
copyright shall be in the discretion of the court.
56. Protection of separate rights. -  Subject to the provisions of this Act, where the
several rights comprising the copyright in any work are owned by different persons,
the owner of any such right shall, to the extent of that right be entitled to the
remedies provided by this Act and may individually enforce such right by means of
any suit, action or other proceeding without making the owner of any other right a
party to such suit, action or proceeding.
57.122 [Author’s special rights .  (1) Independently of the author's copyright and
even after the assignment either wholly or partially of the said copyright, the author
of a work shall have the right-
(a) to claim authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, mutilation, modification
or other act in relation to the said work which is done before the expiration of the
term of copyright if such distortion, mutilation, modification or other act would be
prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in
respect of any adaptation of a computer programme to which clause (aa) of sub-
section (1) of section 52 applies.
Explanation.- Failure to display a work or to display it to the satisfaction of the author
shall not be deemed to be an infringement of the rights conferred by this section.]
(2)The rights conferred upon an author of a work by sub-section(1),other than the
right to claim authorship of the work, may be exercised by the legal representatives
of the authors.
58. Rights of owner against persons possessing or dealing with infringing
copies. -  All infringing copies of any work in which copyright subsists, and all plates
used or intended to be used for the production of such infringing copies, shall be
deemed to be the property of the owner of the copyright, who accordingly may take
proceedings for the recovery of possession thereof or in respect of the conversion
thereof :
Provided that the owner of the copyright shall not be entitled to any remedy in
respect of the conversion of any infringing copies, if the opponent proves-
(a) that he was not aware and had no reasonable ground to believe that copyright
subsisted in the work of which such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that such copies or plates do not -
involve infringement of the copyright in any work.IP/N/1/IND/C/1
Page 45
59. Restriction on remedies in the case of works of architecture.  -(1)
Notwithstanding anything contained in 123[the Specific Relief Act, 1963], where the
construction of a building or other structure which infringes or which, if completed,
would infringe the copyright in some other work has been commenced, the owner of
the copyright shall not be entitled to obtain an injunction to restrain the construction
of such building or structure or to order its demolition.
(2) Nothing in section 58 shall apply in respect of the construction of a building or
other structure which infringes or which, if completed, would infringe the copyright in
some other work.
60. Remedy in the case of groundless  threat of legal proceedings. -  Where any
person claiming to be the owner of copyright in any work, by circulars,
advertisements or otherwise, threatens any other person with any legal proceedings
or liability in respect of an alleged infringement of the copyright, any person
aggrieved thereby may, notwithstanding anything contained 124[in section 34 of the
Specific Relief Act, 1963(47 of 1963)] institute a declaratory suit that the alleged
infringement to which the threats related was not in fact an infringement of any legal
rights of the person making such threats and may in any such suit-
(a) obtain an injunction against the continuance of such threats; and
(b) recover such damages, if any, as he has sustained by reason of such threats.
Provided that this section shall not apply if the person making such threats, with due
diligence, commences and prosecutes an ac tion for infringement of the copyright
claimed by him.
61. Owners of copyright to be party to the proceeding. -  (1) In every civil suit or
other proceeding regarding infringement of copyright instituted by an exclusive
licensee, the owner of the copyright shall, unless the court otherwise directs, be
made a defendant and where such owner is made a defendant, he shall have the
right to dispute the claim of the exclusive licensee.
(2) Where any civil suit or other proceeding regarding infringement of copyright
instituted by an exclusive licensee is successful, no fresh suit or other proceeding in
respect of the same cause of action shall lie at the instance of the owner of the
copyright.
62. Jurisdiction of court over matte rs arising under this Chapter. -  (1) Every
suit or other civil proceeding arising under this Chapter in respect of the infringement
of copyright in any work or the infringement of any other right conferred by this Act
shall be instituted in the district court having jurisdiction.
(2) For the purpose of sub-section (1), and "district court having jurisdiction" shall,
notwithstanding anything contained in the Code of Civil Procedure, 1908, or any
other law for the time being in force, include a district court within the local limits of
whose jurisdiction, at the time of the institution of the suit or other proceeding, the
person instituting the suit or other proceeding or, where there are more than one
such persons, any of them actually and voluntarily resides or carries on business or
personally works for gain.IP/N/1/IND/C/1
Page 46
122. Sub. by Act 38 of 1984, s. 57.
123. Subs. by Act 23 of 1983, s. 20, for "the Specific Relief Act, 1877" (w.e.f. 9-8-
1984)
124. Subs. by s. 21, ibid., for "in section 42 of the Specific Relief Act, 1877" (w.e.f.
9;8-1984).
_______________
CHAPTER XIII
Offences
63. Offence of infringement of copyright  or other rights conferred by this Act.
Any person who knowingly infringes or abets the infringement of-
(a) the copyright in a work, or
(b) any other right conferred by this Act, 125[except the right conferred by section
53A]
126[shall be punishable with imprisonment for a term which shall not be less than six
months but which may extend to three years and with fine which shall not be less
than fifty thousand rupees but which may extend to two lakh rupees :
Provided that 127[where the infringement has not been made for gain in the course of
trade or business] the court may, for adequate and special reasons to be mentioned
in the judgement, impose a sentence of imprisonment for a term of less than six
months or a fine of less than fifty thousand rupees.]
Explanation. -Construction of a building or other structure which infringes or which, if
completed, would infringe the copyright in some other work shall not be an offence
under this section.
128[63A. Enhanced penalty on second and subsequent covictions. -  Whoever
having already been convicted of an offence under section 63 is again convicted of
any such offence shall be punishable for the second and for every subsequent
offence, with imprisonment for a term which shall not be less than one year but
which may extend to three years and with fine which shall not be less than one lakh
rupees but which may extend to two lakh rupees :
Provided that 129[where the infringement has not been made for gain in the course of
trade or business] the court may, for adequate and special reasons to be mentioned
in the judgment impose a sentence of imprisonment for a term of less than one year
or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken
of any conviction made before the commencement of the Copyright (Amendment)
Act, 1984(65 of 1984).]
"63B. Knowing use of infringing copy of computer programme to be anIP/N/1/IND/C/1
Page 47
offence. 130 Any person who knowingly makes use on a computer of an infringing
copy of a computer programme shall be punishable with imprisonment for a term
which shall not be less than seven days but which may extend to three years and
with fine which shall not be less than fifty thousand rupees but which may extend to
two lakh rupees:
Provided that where the computer programme has not been used for gain or in the
course of trade or business, the court may, for adequate and special reasons to be
mentioned in the judgment, not impose any sentence of imprisonment and may
impose a fine which may extend to fifty thousand rupees."
64. Power of police to seize infringing copies .   -(1)131 Any police officer, not
below the rank of a sub-inspector, may, if he is satisfied that an offence under
section 63 in respect of the infringement of copyright in any work has been, is being,
or is likely to be, committed, seize without warrant, all copies of the work, and all
plates used for the purpose of making infringing copies of the work, wherever found,
and all copies and plates so seized shall, as soon as practicable, be produced
before a Magistrate.]
(2) Any person having an interest in any copies of a work 132[or plates] seized under
sub-section (1) may, within fifteen days of such seizure, make an application to the
Magistrate for such copie. 133[or plates] being restored to him and the Magistrate,
after hearing the applicant and the complainant and making such further inquiry as
may be necessary, shall make such order on the application as he may deem fit.
65. Possession of plates  for purpose of making infringing copies. –  Any
person who knowingly makes, or has in his possession, any plate for the purpose of
making infringing copies of any work in which copyright subsists shall be punishable
with imprisonment which may extend to 134[two years and shall also be liable to fine].
66. Disposal of infringing copies or plates for purpose of making infringing
copies.  -The court trying any offence under this Act may, whether the alleged
offender is convicted or not, order that all copies of the work or all plates in the
possession of the alleged offender, which appear to it to be infringing copies, or
plates for the purpose of making infringing copies, be delivered up to the owner of
the copyright.
67. Penalty for making false entries in register, etc., for producing or tendering
false entries .  -Any person who,-
(a) makes or causes to be made a false entry in the Register of Copyrights kept
under this Act, or
(b) makes or causes to be made a writing falsely purporting to be a copy of any
entry in such register, or
(c) produces or tenders or causes to be produced or tendered as evidence any such
entry or writing, knowing the same to be false,
shall be punishable with imprisonment which may extend to one year, or with fine, or
with both.IP/N/1/IND/C/1
Page 48
68. Penalty for making false statements for the purpose of deceiving or
influencing any authority or officer.  Any person who, -
(a) with a view to deceiving any authority or officer in the execution provisions of this
Act, or
(b) with a view to procuring or influencing the doing or omission of anything relation
to this Act or any matter thereunder,
makes a false statement or representation knowing the same to be false, shall be
punishable with imprisonment which may extend to one year, or with fine, or with
both.
135[68A. Penalty for contravention of section 52A.  -Any person who publishes a
136[sound recording] or a video film in contravention of the provisions of section 52A
shall be punishable with imprisonment which may extend to three years and shall
also be liable to fine.]
69. Offences by companies.  -(1) Where any offence under this Act has been
committed by a company, every person who at the time the offence was committed
was in charge of, and was responsible to the company for, the conduct of the
business of the company, as well as the company shall be deemed to be guilty of
such offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to
any punishment, if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to  prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company, and it is proved that the offence was
committed with the consent or connivance of, or is attributable to any negligence on
the part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-  For the purposes of this section-
(a) "company" means any body corporate and includes a firm or other association of
persons; and
(b) "director" in relation to a firm means a partner in the firm.
70. Cognizance of offences. -  No court inferior to that of 137a Metropolitan
Magistrate or a Judicial Magistrate of the first class] shall try any offence under this
Act.
125. Ins. by Act 38 of 1994, s. 63.
126. Subs. by Act 65 of 1984, s. 5, for certain words (w.e.f. 8-10-1984).
127. Ins. by Act 38 of 1994, s. 63.IP/N/1/IND/C/1
Page 49
128. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984).
129. Ins. by Act 38 of 1994, s. 63.
130. Ins. by Act 38 of 1994, s. 63B.
131. Subs. by s. 7, ibid., for sub section (1) (w.e.f. 8-10-1984).
132. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984).
133. Ins. by s. 7, ibid, (w.e.f. 8-10-1984).
134. Subs. by s. 8, ibid., for "one year, or with fine, or with both' (w.e.f. 8-10-1984).
135. Ins. by Act 65 of 1984, s. 9 (w.9.f. 8-10-1984).
136. Subs. by Act 38 of 1994, s. 2, for `record'.
137. Subs. by Act 23 of 1983, s. 22, for "a Presidency Magistrate or a Magistrate of
the first class" (w.e.f. 9- 8-1984). 73. The High Court may make rules consistent with
this Act as to the procedure to be followed in respect of appeals made to it under
section 72.
_______________
CHAPTER XIV
Appeals
71. Appeals against certain orders of Magistrate.   -Any person aggrieved by an
order made under sub-section (2) of section 64 or section 66 may, within thirty days
of the date of such order, appeal to the court to which appeals from the court making
the order ordinarily lie, and such appellate court may direct that execution of the
order be stayed pending disposal of the appeal.
72. Appeals against orders of Registra r of Copyrights and Copyright Board. -
(1) Any person aggrieved by any final decision or order of the Registrar of
Copyrights may, within three months from the date of the order or decision, appeal
to the Copyright Board.
(2) Any person aggrieved by any final decision or order of the Copyright Board, not
being a decision or order made in an appeal under sub-section (1), may, within three
months from the date of such decision or order, appeal to the High Court within
whose jurisdiction the appellant actually and voluntarily resides or carries on
business or personally works for gain;
Provided that no such appeal shall lie against a decision of the Copyright Board
under section 6.
(3) In calculating the period of three months provided for an appeal under this
section, the time taken in granting a certified copy of the order or record of the
decision appealed against shall be excluded.
73. Procedure for appeals. – The High Court may make rules consistent with this
Act as to the procedure to be followed in respect of appeals made to it under section
72.
_______________IP/N/1/IND/C/1
Page 50
CHAPTER XV
Miscellaneous
74. Registrar of Copyrights and Copyright Board to possess certain powers of
civil courts.   -The Registrar of Copyrights and the Copyright Board shall have the
powers of a civil court when trying a suit under the Code of Civil Procedure, 1908, in
respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) requisitioning any public record or copy thereof from any court or office;
(f) any other matter which may be prescribed.
Explanation.-  For the purpose of enforcing the attendance of witnesses, the local
limits of the jurisdiction of the Registrar of Copyrights or the Copyright Board, as the
case may be, shall be limits of the territory of India.
75. Orders for payment of money passed by Registrar of Copyrights and
Copyright Board to be executable as a decree.  –Every order made by the
Registrar of Copyrights or the Copyright Board under this Act for the payment of any
money or by the High Court in any appeal against any such order of the Copyright
Board shall, on a certificate issued by the Registrar of Copyrights, the Copyright
Board or the Registrar of the High Court, as the case may be, be deemed to be a
decree of a civil court and shall be executable in the same manner as a decree of
such court.
76. Protection of action taken in good faith.  - No suit or other legal proceeding
shall lie against any person in respect of anything which is in good faith done or
intended to be done in pursuance of this Act.
77. Certain persons to be public servants.  - Every officer appointed under this Act
and every member of the Copyright Board shall be deerned to be a public servant
within the meaning of section 21 of the Indian Penal Code(45 of 1860).
78. Power to make rules. -  (1) The Central Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the
Central Government may make rules to provide for all or any of the following
matters, namely :-
(a) the term of office and conditions of service of the Chairman and other members
of the Copyright Board;IP/N/1/IND/C/1
Page 51
(b) the form of complaints and applications to be made, and the licences to be
granted, under this Act;
(c) the procedure to be followed in connection with any proceeding before the
Registrar of Copyrights;
(ca)139 the conditions for submission of application under sub-section (2) of section
33;
(cb)140 the conditions subject to which a copyright society may be registered under
sub-section (3) of section 33;
(cc)141 the inquiry for cancellation of registration under sub-section (4) of section 33;
(cd)142 the conditions subject to which the copyright society may accept
authorisation under clause (a) of sub-section (1) of section 34 and the conditions
subject to which owners of rights have right to withdraw such authorisation under
clause (d) of that sub-section;
(ce)143 the conditions subject to which a copyright society may issue licences, collect
fees and distribute such fees amongst owners of rights under sub-section (3) of
section 34;
(cf)l44 the manner in which the approval of the owners of rights regarding collection
and distribution of fees, approval for utilisat ion of any amount collected as fees and
to provide to such owners information concerning activities in relation to the
administration of their rights under sub-section (1) of section 35;
(cg)145 the returns to be filed by copyright societies to the Registrar of Copyrights
under sub-section (1) of section 36;
(d) the manner of determining any royalties payable under this Act, and the security
to be taken for the payment of such royalties;
(da)146 the manner of payment of royalty under clause (j) of sub-section (1) of
section 52;
(db)147 the form and the manner in which the copyright society shall maintain
accounts and other relevant records and prepare annual statements of accounts
and the manner in which the quantum of remuneration is to be paid to individual
owner of rights under sub-section (1) of section 52B;
(e) the form of Register of Copyrights to be kept under this Act and the particulars to
be entered therein;
(f) the matter in respect of which the Registrar of Copyrights and the Copyright
Board shall have powers of a civil court;
(g) the fees which may be payable under this Act;
(h) the regulation of business of the Copyright Office and of all things by this Act
placed under the direction or control of the Registrar of Copyrights.IP/N/1/IND/C/1
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[(3)148 Every rule made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.]
79. Repeals, savings and transitional provisions. -  (1) The Indian Copyright Act,
1914(3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the
United Kingdom as modified in its application to India by the Indian Copyright Act,
1914, are hereby repealed.
(2) Where any person has, before the commencement of this Act, taken any action
whereby he has incurred any expenditure or  liabilities in connection with the
reproduction or performance of any work in a manner which at the time was lawful
or for the purpose of or with a view to the reproduction or performance of a work at a
time when such reproduction or performance would, but for the coming into force of
this Act, have been lawful, nothing in this section shall diminish or prejudice any
rights or interests arising from or in connection with such action which are subsisting
and valuable at the said date, unless the person who, by virtue of this Act, becomes
entitled to restrain such reproduction or performance agrees to pay such
compensation as, failing agreement, may be determined by the Copyright Board.
(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did
not subsist immediately before the commencement of this Act under any Act
repealed by sub-section (1).
(4) Where copyright subsisted in any work immediately before the commencement
of this Act, the rights comprising such copyright shall, as from the date of such
commencement, be the rights specified in section 14 in relation to the class of works
to which such work belongs, and where any new rights are conferred by that
section, the owner of such rights shall be-
(a) in any case where copyright in the work was wholly assigned before the
commencement of this Act, the assignee or his successor-in-interest;
(b) in any other case, the person who was the first owner of the copyright in the work
under any Act repealed by sub-section (1) or his legal representatives.
(5) Except as otherwise provided in this Act, where any person is entitled
immediately before the commencement of this Act to copyright in any work or any
right in such copyright or to an interest in any such right, he shall continue to be
entitled to such right or interest for the period for which he would have been entitled
thereto if this Act had not come into force.
(6) Nothing contained in this Act shall be deemed to render any act done before its
commencement an infringement of copyright if that act would not otherwise haveIP/N/1/IND/C/1
Page 53
constituted such an infringement.
(7) Save as otherwise provided in this section, nothing in this section shall be
deemed to affect the application of the General Clauses Act, 1897, with respect to
the effect of repeals.
139. Ins. by Act 38 of 1994, s. 78(2).
140. Ins. by Act 38 of 1994, s. 78(2).
141. Ins. by Act 38 of 1994, s. 78(2).
142. Ins. by Act 38 of 1994, s. 78(2).
143. Ins. by Act 38 of 1994, s. 78(2).
144. Ins. by Act 38 of 1994, s. 78(2).
145. Ins. by Act 38 of 1994, s. 78(2).
146. Ins. by Act 38 of 1994, s. 78(2).
147. Ins. by Act 38 of 1994, s. 78(2).
148. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984).
_______________IP/N/1/IND/C/1
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INTERNATIONAL COPYRIGHT ORDER, 1991(AS AMENDED IN 1999 & 2000)
(Passed by the Govt of India)
In exercise of the powers conferred by section 40 of the Copyright Act, 1957 (14 of
1957). And in supersession of the International Copyright Order 1999, the CentralGovernment hereby makes of following Order:-
1. (i) This Order may be called the International Copyright Order, 2000.
(ii) It shall come into force on the date of its publication in the Official Gazatte.
2. In this Order, unless the context otherwise requires.
(a) `Berne Convention Country' means a country which is a member of the Berne
Copyright Union, and includes a country mentioned either in Part I or in Part II of the
Schedule;
(b)’Phonogram’ means an exclusively aural fixation of a performance or other
sounds.
(c)  `Phonograms Convention Country' means a country which has either ratified or
accepted or acceded to the Convention for the Protection or Producers ofPhonograms against Unauthorisied Diplication of their Phonograms, done atGeneva on the twenty-ninth day of October, one thousand nine hundred andseventy one, and includes a country mentioned in Part V of the Schedule;
(d) `Schedule' means the schedule appointed to this Order;
(e) `Universal Copyright Convention Country' means a country which has either
ratified, or accepted or acceded to the Universal Copyright convention, and includes
a country mentioned either in Part III or in Part IV of the Schedule.
(f) ‘World Trade Organisation Country means a country which is a member of the
World Trade Organization and which has either ratified, or accepted, or acceded tothe Agreement on Trade Related Aspects of Intellectual Property Right, 1994,andincludes a country mentioned in part VI of the schedule.
3. Subject to the provisions of paragraph 4,5,6,all the provisions of the Copyright
Act, 1957 (14 of 1957),(hereafter referred to as `the Act') except those of Chapter
VIII, and those other provisions which apply exclusively to Indian works, shall apply,-
(a) to any work first made or published in a country mentioned in Parts I, II, III ,
IV or VI of the Schedule,in like manner, as if it was first published in India;
(b) to any work first made or published in a country other than a country
mentioned in Part I,II,III,IVorVI of the schedule, the author of which was, atthe date of such publication,or,where the author was dead on that date, hewas   at   the   time   of   his   death,   a  national  of  a  country  mentioned inPart I,II,III,IVorVI of the schedule,  in like manner, as if the author was aIP/N/1/IND/C/1
Page 55
citizen of India at that point of time.
(c) To an unpublished work, the author whereof was, at the time of the making or
publication of the work, a national or a domiciled in any country mentioned inParts I, II, III Schedule, in like manner as if the author was a citizen of, ordomiciled in, India.
(d) to any work first made or published by a body corporate incorporate under any
law of a country mentioned in Parts I, II, III , IV or VI of the Schedule, in like manner,as if it was incorporate under a law in force in India; and
(e) to a sound recording  first made, the producer of which was, at the date of such
production, a national of country mentioned in Part V or part VIof the Schedule or abody corporate incorporated under a law in force in such a country, in like manneras if the producer was the citizen of India; or a body corporate incorporated under a
law in force in India, as the case may be, at that point of time.
4. Notwithstanding anything contained in paragraph 3, the provisions of chapter VIII
of the act shall apply to a Broadcasting Organization and a performer in a World
Trade Organization country mentioned in part VI of the schedule.
5.Notwithstanding anything contained in clause (a) of paragraph 3 and paragraph 4
the provisions of the sub-section(1) of section 32 of the Act-
(i) shall not apply to a work first made or published in any Berne Convention
Country mentioned in Part I or Part II of the Schedule;
(ii) shall not apply to a work first made or published in any World Trade
Organization Country mentioned in Part VI of the Schedule;
(iii) shall apply to a work first made or published in any Universal Copyright
Country mentioned in Part III or IV of the Schedule, only in respect of thetranslation of such work into any language specified in the EighthSchedule to the Constitution of India.
6. The provisions of sections 32 [excluding its sub-section(1)], 32A and 32B shall
apply to a work first made or published in a Berne Convention Country mentioned inPart I of the Schedule or in a Universal Copyright Convention Country mentioned inPart III of the Schedule or in a World Trade Organization Country mentioned in PartVI of the Schedule;.
7. The term of copyright in a work shall not exceed that which is enjoyed by it in its
country of origin.
Explanation.-  In this paragraph, `the country of origin' shall mean-
(a) in the case of a work first made or published in a Berne Convention Country or a
Universal Copyright Convention Country, or a World Trade Organisation Country,that country;
(b) in the case of a work made or published simultaneously either in a BerneIP/N/1/IND/C/1
Page 56
Convention Country or a Universal Copyright Convention Country or in a World
Trade Organisation Country and in a country which is neither a Berne ConventionCountry or a Universal Copyright Convention Country,          nor a World Trade
Organisation Country ,the former country;
(c) in the case of work which is made or published simultaneously in several Berne
Convention Countries, the country whose laws grant the shortest term of copyrightto such a work;
(d) in the case of work which is made or published simultaneously in several
Universal Copyright Convention Countries, the country whose laws grant theshortest term of copyright to such a work;
(e) in the case of a work which is made or published simultaneously in several
World Trade Organisation Countries, the country whose laws grant the
shortest term of copyright to such a work;
(f) in case of an unpublished work or a work first made or published in a country
other than a Berne Convention Country or a Universal Copyright ConventionCountry, or a World Trade Organisation Countries,  the country or which theauthor was a citizen, or the country in which he was domiciled at the time of
its first publication, which ever grants the longer term of copyright.IP/N/1/IND/C/1
Page 57
SCHEDULE
PART - I
Berne Convention Countries which have ratified/accepted/acceded to the 1971 Text
of the Convention
[See Paragraph 2 (a)]
1. Albania
2. Algeria3. Antigua and Barbuda4. Argentina
5. Armenia
6. Australia7. Austria8. Azerbaijan9. Bahamas10. Bahrain11. Bangladesh12. Barbados13. Belarus
14. Belgium
15. Belize16. Benin17. Bolivia18. Bosnia and Herzegovina19. Botswana20. Brazil21. Bulgaria22. Burkina Faso
23. Cameroon
24. Canada25. Cape Verde26. Central African Republic27. Chile28. ChinaIP/N/1/IND/C/1
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29. Colombia
30. Congo31. Costa Rica32. Cote d’Ivoire33. Croatia34. Cuba35. Cyprus
36. Czech Republic
37. Democratic Republic of the Congo38. Denmark39. Dominica40. Dominican Republic41. Ecuador42. Egypt43. El Salvador44. Equatorial Guinea
45. Estonia
46. Finland47. France48. Gabon49. Gambia50. Georgia51. Germany52. Ghana53. Greece
54. Grenada
55. Guatemala56. Guinea57. Guinea-Bissau58. Guyana59. Haiti60. Holy See61. Honduras62. Hungary
63. Iceland
64. IndonesiaIP/N/1/IND/C/1
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65. Italy
66. Jamaica67. Japan68. Jordan69. Kazakhstan70. Kenya71. Kyrgyzstan
72. Latvia
73. Lesotho74. Liberia75. Libiyan Arab Jamahiriya76. Liechtenstein77. Lithuania78. Luxembourg79. Malawi80. Malaysia
81. Mali
82. Malta83. Mauritania84. Mauritius85. Mexico86. Monaco87. Mongolia88. Morocco89. Namibia
90. Netherlands
91. Niger92. Nigeria93. Norway94. Oman95. Panama96. Paraguay97. Peru98. Philippines
99. Poland
100. PortugalIP/N/1/IND/C/1
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101. Qatar
102. Republic of Korea103. Republic of Moldova104. Romania105. Russian Federation106. Rwanda107. Saint Kitts & Nevis
108. Saint Lucia
109. Saint Vincent and the Grenadines110. Senegal111. Singapore112. Slovakia113. Slovenia114. South Africa115. Spain116. Sri Lanka
117. Surinam
118. Swaziland119. Sweden120. Switzerland121. Tajikistan122. Thailand123. The Former Yugoslavia Republic of Macedonia124. Togo125. Trinidad and Tobago
126. Tunisia
127. Turkey128. Ukraine129. United Kingdom130. United Republic of Tanzania131. United States of America132. Uruguay133. Venezuela134. Yugoslavia
135. Zambia
136. ZimbabweIP/N/1/IND/C/1
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PART-II
Berne Convention Countries which are yet to ratify/accept/accede to the 1971
Text of Convention
[ See Paragraph 2 (a) ]
1. Chad
2. Fiji3. Ireland4. Israel5. Lebanon6. Madagascar7. New Zealand8. PakistanIP/N/1/IND/C/1
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PART-III
UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH HAVE
RATIFIED/ACCEPTED/ACCEDED TO THE 1971 TEXT OF THE CONVENTION
[ See paragraph 2 (e) ]
1. Algeria
2. Australia
3. Austria4. Bahamas5. Bangladesh6. Barbados7. Bolivia8. Bosnia & Herzegovina9. Brazil10. Bulgaria
11. Cameroon
12. China13. Colombia14. Costa Rica15. Croatia16. Cyprus17. Czech Republic18. Denmark19. Dominican Republic
20. Ecuador
21. El Salvador22. Finland23. France24. Germany25. Guinea26. Holy see27. Hungary28. Italy
29. Japan
30. Kenya31. Mexico32. MonacoIP/N/1/IND/C/1
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33. Morocco
34. Netherlands35. Niger36. Norway37. Panama38. Peru39. Poland
40. Portugal
41. Republic of Korea42. Russian Federation43. Rwanda44. Saint Vincent and the Grenadines45. Saudi Arabia46. Senegal47. Slovakia48. Slovenia
49. Spain
50. Sri Lanka51. Sweden52. Switzerland53. Trinidad and Tobago54. Tunisia55. United Kingdom56. United States of America57. Uruguay
58. YugoslaviaIP/N/1/IND/C/1
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PART-IV
UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH ARE YET TO
RATIFY/ACCEPT/ACCEDE TO THE 1971 TEXT OF THE CONVENTION
[ See paragraph 2 (e) ]
1.  Andorra
2.  Argentina3.  Belarus4.  Belgium5.  Belize6.  Cambodia7.  Canada8.  Chile9. Cuba
10. Fiji
11. Ghana12. Greece13. Guatemala14. Haiti15. Iceland16. Ireland17. Israel18. Kazakhistan
19. Lao People’s Democratic Republic
20. Lebanon21. Liberia22. Liechtenstein23. Luxembourg24. Malawi25. Malta26. Mauritius27. New Zealand
28. Nicaragua
29. Nigeria30. Pakistan31. ParaguayIP/N/1/IND/C/1
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32. Philippines
33. Tajikistan34. Ukraine35. Venezuela
36. ZambiaIP/N/1/IND/C/1
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PART – V
PHONOGRAMS CONVENTION COUNTRIES
[ See paragraph 2 (c) ]
1. Argentina
2. Australia3. Austria
4. Barbados
5. Brazil6. Bulgaria7. Burkina Faso8. Chile9. China10. Colombia11. Costa Rica12. Croatia
13. Cyprus
14. Czech Republic15. Democratic Republic of Congo16. Denmark17. Ecuador18. Egypt19. El Salvador20. Estonia21. Fiji
22. Finland
23. France24. Germany25. Greece26. Guatemala27. Holy See28. Honduras29. Hungary30. Israel
31. Italy
32. JamaicaIP/N/1/IND/C/1
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33. Japan
34. Kenya35. Latvia36. Liechtenstein37. Lithuania38. Luxembourg39. Mexico
40. Monaco
41. Netherlands42. New Zealand43. Norway44. Panama45. Paraguay46. Peru47. Republic of Korea48. Republic of Moldova
49. Romania
50. Russian Federation51. Slovakia52. Slovenia53. Spain54. Sweden55. Switzerland56. The former Yugoslav Republic of Macedonia57. Trinidad and Tobago
58. Ukraine
59. United Kingdom60. United States of America61. Uruguay62. VenezuelaIP/N/1/IND/C/1
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PART – VI
THE WORLD TRADE ORGANISTION COUNTRIES
[ See Paragraph 2 (f) ]
1. Albania
2. Angola
3. Antigua and Barbuda4. Argentina
5. Australia
6. Austria7. Bahrain8. Bangladesh9. Barbados10. Belgium11. Belize12. Benin13. Bolivia
14. Botswana
15. Brazil16. Brunei Darussalam17. Bulgaria18. Burkina Faso19. Burundi20. Cameroon21. Canada22. Central African Republic
23. Chad
24. Chile25. Colombia26. Congo27. Costa Rica28. Cote d’Ivoire29. Cuba30. Cyprus31. Czech Republic
32. Democratic Republic of the Congo
33. DenmarkIP/N/1/IND/C/1
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34. Djibouti
35. Dominica36. Dominican Republic37. Ecuador38. Egypt39. El Salvador40. Estonia
41. European Community
42. Fiji43. Finland44. France45. Gabon46. The Gambia47. Georgia48. Germany49. Ghana
50. Greece
51. Grenada52. Guatemala53. Guinea54. Guinea-Bissau55. Guyana56. Haiti57. Honduras58. Hong Kong, China
59. Hungary
60. Iceland61. Indonesia62. Ireland63. Israel64. Italy65. Jamaica66. Japan67. Jordan
68. Kenya
69. Korea, Republic ofIP/N/1/IND/C/1
Page 70
70. Kuwait
71. Kyrgyz  Republic72. Latvia73. Lesotho74. Liechtenstein75. Luxembourg76. Macau, China
77. Madagascar
78. Malawi79. Malaysia80. Maldives81. Mali82. Malta83. Mauritania84. Mauritius85. Mexico
86. Mongolia
87. Morocco88. Mozambique89. Myanmar90. Namibia91. Netherlands – for the Kingdom in Europe and for the
Netherlands Antilles
92. New Zealand93. Nicaragua
94. Niger
95. Nigeria96. Norway97. Pakistan98. Panama99. Papua New Guinea100. Paraguay101. Peru102. Philippines
103. Poland
104. PortugalIP/N/1/IND/C/1
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105. Qatar
106. Romania107. Rwanda108. Saint Kitts & Nevis109. Saint Lucia110. Saint Vincent and the Grenadines111. Senegal
112. Sierra Leone
113. Singapore114. Slovak Republic115. Slovenia116. Solomon Islands117. South Africa118. Spain119. Sri Lanka120. Suriname
121. Swaziland
122. Sweden123. Switzerland124. Tanzania125. Thailand126. Togo127. Trinidad and Tobago128. Tunisia129. Turkey
130. Uganda
131. United Arab Emirates132. United Kingdom133. United States of America134. UruguayIP/N/1/IND/C/1
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135. Venezuela
136. Zambia137. Zimbabwe
__________