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MINISTRY OF LAW AND JUSTICE(Legislative Department)
New Delhi, 8June, 2012/Jyaistha 18,1934(Saka)
The following Act of Parliament received. the assent of the President on the
7th June, 2012, and is hereby published for general information:-

Tiffi COPYRIGHT(AMENDMENI)ACT, 2012

No. 27 OF 2012
An Act fintherto amend the Copyright Act, 1957.
[7th June, 2012]
BE it enacted by Parliament in the Six1y-third Year ofthe Republic oflndia as fullows:1. (I) This Act maybe called the Copyright (Ameodment)Act, 2012.
(2) It sball come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint.
14 of 1957.

Short title andcommence-ment.

2. In section 2 of the Copyright Act, 1957 (hereinafter referred to as the principal Amendment
of section- 2.
Act),(1) in clause (/),the portion beginning with the wonts "on any medium" andending with the words "produced by any means" shall be omitted;(i1) after clause(/), the following clause sball be inserted, namely:-'(fa) "commercial rental" does not include the rental, lease or lending ofa
lawfully acquired copy of a compnter programme, sound recording, visual
recording or cinematograph film for non-profit purposes by a non-profit libraryor non-profit educational institution.';2

THE GAZETIEOFINDIAEXTRAORDINARY[PARrll-

Explanation.-For the pmposes of this clause, a "non-profit library or nonprofit educational institution" means a libra!y or educational institution which receives
grants from the Government or exempted from payment of tax under the Income-tax
Act, 1961.

43 of 1961.

(iii) for clause (ff}, the following shall be substituted, namely:'(ff} "communication to the public" means making any wmk or perfunnanceavailable for being seen or heard or otherwise enjoyed by the public directly orby any means of display or diffusion other than by issuing physical copies ofit, whether simultaneously or at places and times chosen individually, regardlessof whether any member of the public actually sees, hears or otherwise enjoys
the wmk or performance so made available.

Explanation. -For the pmposes of this clause, communication throughsatellite or cable or any other means of simultaneous communication to morelhan one household or place of residence including residential rooms of any
hotel or hostel shall be deemed to be communication to lhe pnblic;';(iv) in clause (qq), the following proviso shall be inserted, namely:-"Provided thet in a cinematograph film a person whose performance iscasual or incidental in nature and, in lhe normal course of the practice of theindustry, is not acknowledged anywhere including in the credits of the film
shall not be treated as a performer except for the purpose of clause (b) ofsection 38B;";(v) after clause (x), the following clause shall be inserted, namely:'(xo) "Rights Management Information" means,(a) the title or other information identUying the wmk or performance;(b) the name oflhe aulhor or performer;(c) the name and address of the owner of rights;(d) terms and conditions regarding the use of the rights; and(e) any number or code that represents the information referred toin sob-clauses (a) to (d),but does not include any device or procedure intended to identify lhe user;';(w) after clause (xx); the following clause shall be inserted, namely:-'(:o:a) "visnal recOrding'' means lhe recording in any medium, by any
method including the storing ofit by any electronic means, ofmoving images orof the represeotations thereof; from which they can be perceived, reproduced
or communicated by any method;';
Amendmentof section 11.

3.lnsection 11 oftheprincipaiAct,(a) in sub-section (I), for the words "not Jess than two nor more than fourteen
other memebers", the words "two other members" shall be substituted;(b) for sub-section (2), lhe following sub-section shall be substituted, namely:"(2) The salaries aDd allowances payable to and the other terms andconditions of service of the Chairman and other members of the Copyright
Board shall be such as may be prescribed:
Provided that neilher the salary and allowances nor the other terms andconditions of service ofthe Chairman or any other member shall be varied to his
disadvantage after appointment.";'

S:Ec. I]

THE GAZETTE OF INDIA EXTRAORDINARY

3(c) for sub-section (4), the following sub-sectiOI! shall be substituted, namely:"(4) The Central Government may,.after consultation with the Chairmanof the Copyright Board, appoint a Secretary to the Copyright Board and suchother officers and employees as may be considered necessary for the efficientdischarge ofthe functions of the Copyright Board.".
4. In section 12 ofthe principal Act, in sub-section (2), for the words "members, each Amendment
Bench consisting of not less than three members", the word "members" shall be of section 12.
substituted.

'

S. In section 14 ofthe principal Act,(t) in clause (c). for sub-clause (l), the following sub-clause shall be substituted,
namely:-Amendmentof section 14.

"(l) to reproduce the work in any material form including(A) the storing of it in any medium by electronic or other means; or(B) depiction in threl?dimensions of a two-dimensional work; or(C) depiction in two-dimensions of a three-dimensional work;";(it) in clause (d),(a) for sub-clause (1), the following sub-clause shall be substituted, namely:-"(•) to make a copy of the film, including(A) a photograph of any image forming pan thereof; or(B) storing ofit in any medium by electronic or other means;";(b) for sub-clause (ii), the following sub-clause shall be substituted,
namely:-"(ii) to sell or give on commercial rental or offer for sale or for suchrental, any copy of the film;";(ii1) in clause (e),-(a) in sub-clause (1), after the words "emhodying if', the words "including storing of it in any medium by electronic or other means" shall be inserted;(b) for sub-clause (i1), the following sub-clause shall be substituted,
namely:"(il) to sell or give on commercial rental or offer for sale or for suchrental, any copy of the sound recording;".
2 of 1911.
16 of 2000.

6. In section 15 ofthe principal Act, for the words and figures, "Designs Act, 1911", Amendment
wherever they occur, the words and figures "Designs Act, 2000" shall be substituted.
of section 15.

7. In section 17 of the principal Act, in clause (e), the following proviso shall be Amendment
inserted at the end, namely:of section 17.
Provided that in case ofanywork incmporated in a cinematograph work, nothing
contained in clauses (b) and (c) shall affect the right ofthe author in the work referred
to in clause (a) of sub-section(/) of section 13;".
8. In section 18 ofthe principal Act, in sub-section (J), after the proviso, the following Amendment
provisos shall be inserted, namely:of section 18.

"Provided forther that no such assignment shall be applied to any medium ormode of exploitation of the work which did not exist or was not in commercial use at
the time when the assignment was made, unless the assignment specifically referredto such medium or mode of exploitation ofthe work:

4

Amendmentof section 19.

Amendmentof section
19A.

Amendmentof section 21.

THE GAZETIEOFINDIAEXTRAORDINARY
Provided also that the author of the literary or musical work included in acinematograph film shall not assign or waive the right to receive royalties to beshared on an equal basis with the assignee of copyright for the utilisation of suchwork in any form other than for the communication to the public of the work alongwith the cinematograph film in a cinema hal~ except to the legal heirs ofthe authors or
to a copyright society for collection and distribution and any agreement to contrary
shall be void:
Provided also that the author of the literary or musical work included in thesound recording but not forming part of any cinematograph film shall not assign or
waive the right to receive royalties to be shared on an equal basis with the assigneeof copyright for any utilisation of such worl< except to the legal heirs ofthe authors or
to a collecting society for collection and distribution and any assignment to thecontrary shall be void.".
9.1n section 19 of the principa!Act,(i) -in sub-section (3), for the words ''royalty payable, if aoy'', the words''royalty and any other consideration payable" shall be substituted;(iz) after sub-section (7), the following sub-sections shall be inserted, namely:"(8) The assignment of copyright in aoy work contrary tu the terms andconditions of the rights already assigned to a copyright society in which theauthor of the worl< is a member shall be void.
(9) No assignment of copyright in any work to make a cinematograph film
shall affect the right of the author of the work to claim ao equal share ofroyalties and consideration payable in case of utilisation of the worl< in any
form other than for the communication to the public ofthe worlc, along with thecinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a soundrecording which does not form part of any cinematograph film shall affect the
rigbt of the author of the worl< to claim an equal share of royalties and consideration payable for any utilisation of such work in aoy fotm."
lO.In section I9Aofthe principa!Act,(z) in sub-section (2), in the second priviso, for the words "Provided further
that", the following shall be substituted, namely:"Provided further that, pending the disposal of ao application forrevocation of assignment under this sub-section, the Copyright Board may
pass such order, as it deems fit regarding implementation of the terms andconditions of assignment including any consideration to be paid for theenjoyment of the rights assigned:Provided also that";{iz) after sub-section (2), the following sub-section shall be inserted, namely:"(3) Every complaint received under sub-section (2) shall be
dealt with by the Copyright Board as far as possible and efforts
shall be made to pass the final order in the matter within a period of
six months from the date of receipt of the complaint and any delay
in compliance of the same, the Copyright Board shall record thereasons thereof.".
11. In section 21 ofthe principa!Act,(0 in sub-section (1), for the words "the Registrar of Copyrights", the words"the Registrar of Copyrights or by way of public notice" shall be substituted;(ii) after sub-section (2), the following sub-section shall be inserted, namely:"(2A) The Registrar of Copyrights shall, within fourteen days from thepublication ofthe notice in the Official Gazette, post the notice on the official
website ofthe Copyright Office so as to remain in 1he public domain for a periodof not less thao three years.".

•

Soc. I]THEGAZET11lOF INDIA EXTRAORDINARY

5

12. In section 22 of the principal Act, the brackets and words ~(other than a photo- Amendment\>f sectivn 22.
graph)" shall be omitted.
Omission of
13. Section 25 of the principal Act shall be omitted.
section 25.

14.1n section 30 of the principal Act, for the words "writing signed by him", the words Amendment
of section 30.
''writing by him" shall be substituted.
15. In section 30A of the principal Act and in its marginal heading, for the words, Amendment
figures and letter, "section 19 and 19A",the word and figures "section 19" shall be substituted. of section
30A.

16. In section 31 of the principal Act,(i) in sub-section (1),-Amendmentof section 31.

(a) for the words "any Indian worl<", the words "any work" shall be
substituted;(b) for the words "licence to the complainant" the words "licence to such
person or persons who, in the opinion ofthe Copyright Board, is or are qualified
to do so" shall be substituted;(c) the Explanation shall be omitted;(il) sub-section (2) shall be omitted.

17.1n section 31Aofthe principal Act,-

Amendmentof section(i) in the marginal heading, for the words "Indian works", the words "or 31A.

published worl<s" shall be substituted;(ii) for sub-section (1), the following sub-section shall be substituted, namely:-"( J) Where, in the case of any unpublished worl< or any worl< publishedor communicated to the puhlic and the worl< is withheld from the public in India,
the author is dead or unknown or cannot be traced, or the owner ofthe copyrightin such worl< cannot be found, any person may apply to the Copyright Board
for a licence to puhlish or communicate to the public such worl< or a translation
thereof in any language.".
18. After section 3JA of the principal Act, the following sections shall be inserted, Insertion of
new ~tions
namely:-318, 31C and
310.

'31B. (I) Any person worl<ing for the benefit of persons with disability on a Compulsory
profit basis or for business may apply to the Copyright Board, in such form and licence formanner and accompanied by such fee as may be prescnbed, for a compulsory licence benefit ofdisabled.
to publish any worl< in which copyright subsists for the benefit -of such persons, in acase to whieh clause (zb) of sub-section (/) of section 52 does not apply and the
Copyright Board shall dispose of sueh application as expeditiously as possible andendeavour shall be made to dispose of such application within a period oftwo months
from the date of receipt of the application.
(2) The Copyright Board may, on receipt of an application under sub-section(/), inquire, or direct such inquiry as it considers necessary to establish the credentialsof the applicant and satisfY itself that the application has been made in good faith.
(3) Ifthe Copyright Board is satisfied, after giving to the owners of rights in theworl< a reasonable opportunity of being beard and after holding such inquiry as it may
deem necessary, that a compulsory licence needs to be issued to make the worl<
available to the disabled, it may direct the Registrar of Copyrights to grant to theapplicant sueh a licence to puhlisb the worl<.
(4) Every compulsory licence issued under this section shall specifY the means
and format of publication, the period duriog which the compulsory licence may be
exercised and, in the case of issue of copies, the number of copies that may be issued
including the rate or royalty:--····---------------

6

TIIEGAZETIEOFINDIAEXTRAORDINARY[PARTfi-.-

Provided that where the Copyright Board has issued such a compulsory licenceit may, on a fur1her application and after giving reasonable opportunity to the ownersof rights, extend the period of such compulsory licence and allow the issue of more
copies as it may deem fit.
Statutory
licence forcover
versions.

31 C. (1). Any person desirous of making a cover version, being a soundrecording in respect of any literal)', dramatic or musical worlc, where sound recordingsof that work have been made by or with the licence or consent of the owner of theright in the work, may do so subject to the provisions of this section:

Provided that such sound recordings shall be in the same medium as the lastrecording, unless the medium ofthe last recording is no longer in cwrent COIIIIIIerCial use.
(2) The person making the sound recordings shaD give prior notice of his
intention to make the sound recordings in the manner as may be prescribed, andprovide in advance copies of all covers or labels with which the sound recordings areto be sold, and pay in advance, to the owner ofrights in each work royalties in respect
ofall copies to be made by him, at the rate fixed by the Copyright Board in this behalf:

Provided that such sound recordings shall not be sold or issued in any form of
packaging or with any cover or label which is likely to mislead or confuse the public

as to their identity, and in particular shall not contain the name or depict in any way
any performer of an earlier sound recording of the same work or any cinematographfilm in which such sound recording was incorporated and, further, shaD state on the
cover that it is a cover version made under this section.
(3) The person making such sound recordings shaD not make any alteration in
the literal)' or musical work which has not been made previously by or with theconsent of the owner of rights, or which is not technicaUy necessary for the purposeof making the sound recordings:

Provided that such sound recordings shall not be made until the expiration offive calendar years after the end of the year in which the first sound recordings of thework was made.
(4) One royahy in respect of such sound recordings shaD be paid fur a minimum offiflythonsandcopies ofeach work during each calendar year in which copies ofit are made:Provided that the Copyright Board may, by general order, fix a lower minimum inrespect of works in a particular language or dialect having regard to the potential

circulation of such works.
(5) The person making such sound recordings shaD maintain such registers andbooks of accouot in respect thereof; including full details of existing stock as may beprescribedandshaUallowtheownerofrightsorhisdulyauthorisedagentorrepresentative
to inspect all records and books of accouot relating to such sound recording:

Provided that if on a complaint brought before the Copyright Board to theeffect that the owner of rights has not been paid in full for any sound recordings
purporting to be made in pursuance of this section, 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 necesS&I)', make such further order as it may
deem fit, including an order for payment of royalty.
Explanation. -Foi: the purposes ofthis section "cover version" means a soundrecording made in accordance with this section.

SEC. I]

1HE GAZETfEOFINDIAEXTRAORDINARY

731D. (I) Any broadcasting organisation desirous of communicating to the Statutory
public by way of a broadcast or by way of perf01111811Ce of a literary or musical work licence forbroadcastingand sound recording which bas already been published may do so subject to the of literaryprovisions of this section.
and musicalworks and(2) The broadcasting organisation shall give prior notice, in such manner as soundmay he preacrihed, of its intention to broadcast the work stating the duration and recording.
territorial coverage ofthe broadcast, and shall pay to the owner ofrights in each work
royalties in the manner and at the rate fixed by the Copyright Board.
(3) The rates of royalty for radio broadcasting shall he different from television
broadcasting and the Copyright Board shall fix separate rates for radio broadcasting
and television broadcasting.
(4) In fixing the manner and the rate of royalty uader sub-section (2), theCopyright Board may require the broadcasting organisation to pay an advance to theowners of rights.
(5) The names of the authors and the principal performers of the work shall,
except in case of the broadcasting organisation communicating such work by way of
performance, he announced with the broadcast(6) No fresh alteration to any literary or musical work, which is not technicallynecessary for the purpose of broadcasting, other than shortening the work forconvenience of broadcast, shall he made without the consent of the owners of rights.

(7) The broadcasting organisation shall(a) maintain such records and books ofaccount, and render to the ownersof rights snch reports and accounts; and(b) allow the owner ofrights or his duly authorised agent or repn:sentative
to inspect all records and books of account relating to such broadcast,in such manner as may he prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or
any agreement entered into before the commencement ofthe Copyright (Amendment)
Act,2012.'.
19.1n section 33 ofthe principal Act,-(1) in sub-section (1), for the words "provided further", the following shall hesubstituted, naniely:"Provided further that the business of isning or granting license in respect ofliterary, ckamatic, musical and artistic works incorporated in a cinematograph films orsound recordings shall he carried out only through a copyright society duly registeredunder this Act:
Provided also";(ir) after sub-section (3), the following shall he inserted, namely:"(3A) The registration granted to a copyright society under sub-section(3)shall he fur a period offive years and may he renewed from time to time before
the end of every five years on a request in the prescribed form and the Central
Government may renew the registration after considering the report of Registrarof Copyrights on the working of the copyright society under section 36:

Provided that the renewal of the registration of a copyright society shall hesubject to the continued collective control of the copyright society being shared withthe authors of works in their capacity as owners of copyright or of the right to receive
royalty:
Provided fiutberthat every copyright society already registered before the coming
into force ofthe copyright (Amendment) Act, 2012 shall get itselfregistered underlhis

Amendmentof section 33.

8

TIIEGAZETIEOFINDIAEXTRAORDJNARY[PARTfi-

Chapter within a period of one year from the date of commencement ofthe Copyright(Amendment)Act,2012.";(iil) in sub-sections (4) and (5), for the words "owners of rights", the words"authors and other owners of right" shall be substituted;·(iv) in sub-section (5), lllkocthe word "concerned" the words "or fornoo<Omplianceof sections 33A, sub-section (3) of section 35 and section 36 or any change carried out
in the instrument by which the copyright society is established or incorporated andregistered by the Central Government without prior notice to it" shall be inserted.
Insertion of new
section 33A.

20. Aftersection33 ofthe principal Act, the following section shall be inserted, namely:-

Tariff Schemeby copyrightsocieties.

"33A. (J) Every copyright society shall publish its tariff scbeme in such manneras may be prescribed(2) Any person who is aggrieved by the tariff scheme may appeal to the
Copyright Board and the Board may, if satisfied after holding such inquiry as it may
consider necessary, make such orders as lllliy be required to remove any unreasonable
element, anomaly or inconsistency therein:

Provided that the aggrieved person shall pay to the copyright society any fee
as may be prescribed that has fallen due before making an appeal to the Copyright
Board and shall continue to pay such fee until the appeal is decided, and the Board
shall not issue any order staying the collection of such fee pending disposal of theappeal:Provided further that the Copyright Board may after hearing the parties fix aninterim tariff and direct the aggrieved parties to make the payment accordingly pending
disposal of the appeal.".
Amendmentof section 34.

21. In section 34 of the principal Act, for the words "o"ner of rights", wherever theyoccur, the words "author and other owners of right" shall be substituted

Omission ofsection 34A.

22. Section 34A of the principal Act shall be omitted.

Amendmentof section 35.

lJ.ln section 35 of the principal Act and its marginal beading,(a) for the words "owners of rights", wherever they occur, the words "author
and other owners of right" shall be substituted;(b) after sub-section (2), the following sub-sections shall be inserted, namely:(3) Every copyright society shall have a governing body with such numberof persons elected from among the members of the society consisting of equal
number of authors and owners ofwmx for the purpose of the administration of
the society as may be specified.
(4) All members of copyrights society shall enjoy equal membership rights
and there shall be no discrimination between authors and owners of rights in the
distribution of royalties.

Amendment ofsection 36A.

24. In section 36A of the principal Act,(a) for the words "performing rights society", the words "copyright society"shall be substituted;(b) for the words, brackets and figures "the Copyright (Amendment)
Act, 1994", the words, brackets and figures "the Copyright (Amendment) Act, 20 12" . 38 of 1994.
shall be substituted

Amendmentof section 37.

2S.ln section 37 of the Jirincipa!Act, in sub-section (3), for clause (e), the following
clause shall be substituted, namely:"(e) sells or gives on commercial rental or offer for sale or for sucb rental, anysuch smmd recording or visual recording referred to in clause (c) or clause (tl).".

THE GAZETIEOF INDIA EXTRAORDINARY

SEC. I]9l6.1n section 38 of the principal Act, sub-sections (J) and (4) shall be omitted.

Amendmen< ofseetiO>n 38.

17. After section 38 of the principal Act, the following seetions shall be inserted, Insertion of
new sections
namely:38A and 38B.

~38A. (I) Without prejudice to the rights conferred on autbors, the perfonner's

rigbt which is an exclusive right subject to the provisions ofthis Act to do or autborisefor doing any of the following acts in respect of the performance or any substantial
part thereof, namely:(a) to make a sound recording or a visual recording of the performance,
including(•) reproduction ofit in any material form including the storing of it
in any medium by electronic or any other means;(il) issuance of copies of it to the public not being copies already incirculation;(iii) communication of it to the public;(iv) selling or giving it on commercial rental or offer for sale or forcommercial rental any copy of the recording;(b) to broadcast or communicate the performance to the public except
where the performance is already broadcast.
(2) Once a performer bas, by written agreement, consented to the incorporation
ofbis performaiJce in a cinematograph film he shall not, in the absence of any contract
to the contrary, object to the enjoyment by the producer ofthe film ofthe performer's
rigbt in the same film:
Provided that, notwithstanding anything contained in this sub-seetion, theperformer shall be entitled for royalties in case of making of the performances forcommercial~.
·

Exclusive
right ofperformers.

38B. The performer of a performance shall, independently of his rigbt after Moral rights ofassignment, eitber wholly or partially ofbis rigbt, have the rigbt,the pelformel.
(a) to claim to be identified as the performer ofbis performance except
where omission is dictated by the manner of the ~ of the performance; and(b) to restrain or claim damages in respect of any distortion, mutilation orother modification ofbis performance that would be prejudicial to his reputation.
Explanation. -For the purposes of this c~. it is hereby clarified thatmere removal of any portion of a performance for the purpose ofediting, or to fit
the recording within a limited duration, or any other modification required forporely technical reasons shall not be deemed to be prejodicial to the performer's
reputation.
28. For section 39A of the principal Act, the following seetion shall be substituted, Substitution ofa
namely:-new section for
section 39A.

"39A. (I) Seetions 18,19, 30, 30A, 33, 33A,.34, 35, 36, 53, 55, 58, 63, 64, 65, 65A,
65B and 66 shall, with necessary adaptations and modifications, apply in relation to
the broadcast reproduction right in any broadcast and the performer's rigbt in any
performance as they apply in relation to copyrigbt in a work:
Provided that where copyrigbt or performer's rigbt subsists in respect of any
work or performance that bas been broadcast, no licence to reproduce such broadcast,shall be given without the consent of the owner of rigbt or performer, as the case may
be, or both of them:
Provided further that the broadcast reproduction rigbt or performer's rigbt shallnot subsist in any broadcast or performance if that broadcast or performance is an
infringement of the copyrigbt in any work.

Certainprovisions to

app1y in caseof broadcast
reproduction
rightaoct

performer •srights.

10

1HEGAZETIE OF INDIA EXTRAORDINARY(2) The broadcast reproduction right or the performer's right sball not affect the
separate copyright in any work in respect ofwbich, the broadcast or the perfonnance,as the case may be, is made.".

Amendmentof section 40.

29. In section 40 of the principal Act, in the proviso, in clause (iiz), after the words"the order relates", the words "but such a term of copyright sball not exceed the term of
copyright provided under this Act" shall be inserted.

Amendmentof section
40A.

30. In section 40A ofthe principal Act, in sub-section (2), in clause (iz), the following
proviso sball be inserted, namely:-"Provided that it does not exceed the period provided under this Act;".
Amendmentof section 45.

Amendmentof section 52.

31. In section 45 of the principal Act, in sub-section (1), in the proviso,(z) for the words "relation to any goods", the words "relation to any goods orservices" shall be substituted;(iz) for the words and figures "section 4 of the Trade and Merchandise Marks
Act, !958" the words and figures "section 3 of the Trade Marks Act, 1999" sball be
substituted.

43 of 1958.
47 of 1999.

32. In section 52 of the principal Act, in sub-section (I),-(z) for clause (a), the following clause sball be substituted, namely:(a) a fair dealing with any work, not being a computer programme, for the
purposes of(i) private or persooal use, including research;(ii) criticism or review, whether of that work or of any other work;(iii) the reporting of current events and curreut aflilirs, including
the reporting of a lecture delivered in public.

Explanation.-The storing of any work in any electronic medium
for the purposes mentioned in this clause, including the incidental storageof any computer programme wbicb is not itself an infringing copy for thesaid purposes, shall not constitute infringement of copyright";(iz) for clauses (b), (c), (d), (e), (/), (g), (h), (z) and (J), the following sball be
substituted, namely:-"(b) the transient or incidental storage of a work or performance purely
in the tecbnieal process of electronic transmission or communication to the
public;(c) transient or incidental storage ofa work or performance for the purpose
ofproviding electronic links, access or integration, where such links, access or
integration bas not been expressly prohibited by the right bolder, unless the
person responsible is aware or bas reasonable grounds for believing that suchstorage is of an infringing copy:

Provided that if the person responsible for the storage of the copy bas
received a written complaint from the owner of copyright in the work,
complaining that sucb transient or incidental storage is an infringement, such
person responsible for the storage sball refrain from facilitating such access fora period of twenty-one days or till be rec_eives an order from the competeot
court refraining from facilitating
and in case no sucb order is received
before the i:xpiry of sucb period oftwenty-one days, be may cootinue to provide
the facility of such access;aecess(d) the reproduction of anywolic for the purpose ofa judicial proceedingor for the purpose of a report of a judicial proceeding;JSoc.!]TIIEGAZEITEOF INDIA EXTRAORDINARYII(e) the reproduction or publication ofany wotk prepared by dle 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 themembers of that Legislature;";(f) dle reproduction of any work in a certified copy made or supplied inaccordance with any law for the time being in force;(g) the reading or recitation in public of reasonable extracts from apublished literacy or dramatic work;(h) the publication in a collection, mainly composed of non-copyrightmatter, bona fide intended for instructional use, and so described in the title
and in any advertisement issued by or on behalf of the publisher, of shortpassages from published literary or dramatic works, not themselves publishedfor such use in which copyright subsists:
Provided that not more than two such passages from works by the sameauthor are published by dle same publisher during any period of five years.

Explanation.-In the case of a work of joint authorship, references inthis clause to passages from wotks shall include references to passages fromworks by any one or more of the authors of those passages or by any one ormore of those authors in collaboration wi1h any other person;(l) the reproduction of any 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;(J) the performance, in the course of the activities of an educational
institution, of a literary, dramatic or musical work by the staff and students of
the institution, or of a cinematograph film or a sound recording if the audienceis limited tu such staff and stUdents, the parents and guardians of the students
and persons connected with the activities ofthe institution or the communication
to such an audience of a cinematograph film or sound recording;";(iii) for clause (n), the following clause shall be substituted, namely:"(n) the storing of a work in any medium by electronic means by a noncommercial public library, for preservation if the library already possesses a
non-digital copy of the work;";(iv) in clause (o), for the words "public library", the words, "non-commercial
public library" shall be substituted;(v) after clause (v), the following clause shall be inserted, namely:"(w) dle making of a three-dimensional object from a two-dimensional
artistic work, such as a technical drawing, for the purposes of industrial
application of any purely functional part of a useful device;(Vi) in clause (y), for the words "dramatic or'', the words "dramatic, artistic or"shall the substituted;(vi1) after clause (za) and the Explanation thereunder, the following shall beinserted, namely:-"(zb) the adaptation, reproduction, issue of copies or communication to
the public of any work in any accessible format, by(l) any person to facilitate persons with disability to access toworks including sharing with any person wi1h disability of such accessible
format for private or personal use, educational purpose or research; or12

TIIE GAZETIE OFINDJAEXTRAORDINARY[PARrll---(i•) any organisation working for the benefit of the persons withdisabilities in case the normal format prevents the enjoyment of suchworks by such persons:

Provided that the copies of the works in such accessible format are
made available to the persons with disabilities on a non-profit basis but
to recover only the cost of production:
Provided further that the organisation shall ensure that the copies
of works in such accessible format are used only by persons withdisabilities and takes reasonable steps to prevent irs entry into ordinary
channels of.business.

Exp/anation.-For the purposes of this sub-clause, "anyorganisation" includes and organisation registered under section 12A ofthe Income-tax Act, 1961 and worldng for the benefit of persons with 43 of 1961.
disability or recognised under Chapter X of the Persons with Disabilities(Equal Opportunities, Protection or Rights and full Participation)
Act, 1995 orreceiving grants from the government for facilitating access 1 of 1996.
to persons with disabilities or an educational institution or library or
archives recognised by the Government".
(zc) the importation of copies of any literary or artistic worl<, such aslabels, company logos or promotional or explanatory material, that is purely
incidental to other goods or products being imported lawfully.".
Omission ofsection S2B.

33. Section 52B of the principal Act shall be omitted.

Substitution of
34. For section 53 of the principal Act, the following section shall be substituted,
new section namely:for section 53.
Importationof infringing
copies.

"53. (J) The owner of any right conferred by this Act in respect of any work or
any performance embodied in such worl<, or his duly authorised agent, may givenotice in writing to the Commissioner of Customs, or to any other officer authorisedin this behalfby the Central Board ofExcise and Customs,(a) that he is the owner of the said right, with proof thereof; and(b) that he requesrs the Commissioner for a period specified in the notice,which shall not exceed one year, to treat infringing copies of the work as
prohibited goods, and that infringing copies of the work are expected to arrive
in India at a time and a place specified in the notice.
(2) The Commissioner, after scrutiny of the evidence furnished by the owner ofthe right and on being satisfied may, subject to the provisions of sub-section (J), treat
infringing copies of the work as prohibited goods that have been imported into India,
excluding goods in transit:
Provided that the owner of the work deposits such amount as the Commissioner
may require as security having regard to the likely expenses on demurrage, cost of
storage and compensation to the importer in case it is found that the works are notinfringing copies.
(J) When any goods treated as prohibited IDider sub-section (2) have beendetained, the Customs Officer detaining them shall inform the importer as well as the
person who gave notice IDider sub-section(/) of the detention of such goods within
forty-eight hours of their detention.

(4) The Customs Officer shall release the goods, and they shall no longer betreated as prohibited goods, if the person who gave notice IDider sub-section (J)does not produce any order from a court having jurisdiction as to the temporary or
permanent disposal of such goods within fourteen days from the date of theirdetention.".

l

THEGAZEITEOF INDIA EXTRAORDINARY

SEC. I)13

35. In section 55 of the principal Act, in sub-section (2), for the portion begin.'ling Ame,drnen!
with the words "a name purporting to be" and ending with the words "as the case may be, of section 55.
appears", the following shall be substituted, namely:"or, subject to the provisions of sub-section (3) of section 13, a cinematographfilm or sound recording. a name purporting to be that of the author, or the publisher,as the case may be, of that work, appears".
36. In section 57 of the principa!Act,(r) in sub-section (1), in clause (b), the words ''which is done befurethe expirationof the tenn of copyright" shall be omitted;

Amendmentof section 57.

(ir) in sub-section (2), the words "other than the rigbt to claim authorship ofthework" shall be omitted.

37. After section 65 of the principal Act, the following sections shall be inserted,

Insertion of

new sections
65A and 658.

namely:-"65A. (1) Any person who circumvents an effective technological measure Protection of
applied for the purpose of protecting any of the rigbts conferred by this Act, with the technologicalmeasures.
intention of infringing such rigbts, shall be punishable with imprisonment which may
extend to two years and shall also be liable to fme.
(2) Nothing in sub-section (1) shall prevent any person from,(a) doing anything referred to therein for ·a purpose not expressly
prohibited by this Act:
Provided that any person facilitating circumvention by another person ofa tecbnological measure for such a purpose shall maintain a complete record ofsuch other person including his name, address and all relevant particulars
necessary to identifY him and the purpose for which he has been facilitated; or(b) doing anything necessary to conduct encryption research using alawfully obtained encrypted copy; or(c) conducting any lawful investigation; or(d) doing anything necessary for the purpose of testing the security of acomputer system or a computer network with the authorisation of its owner; or(e) operator; or(f) doing anything necessary to circumvent technological measuresintended for identification or surveillance of a user; or(g) taking measures necessary in the interest of national security.

65B.Anyperson, who knowingly,-

Protection of
Rights(z) removes or alters any rigbts management information without Management
authority, or(iz) distributes, imports for distribution, broadcasts or communicatesto the public, without authority, copies of any work, or performanceknowing that electronic rigbts management information has been removed
or altered without authority,

shall be punishable with imprisonment which may extend to two years and shall also
be liable to fine:
Provided that if the rigbts management information has been tampered with in any
work, the owner of copyright in such work may also avail of civil remedies provided under
Chapter XII against the persons indulging in such acts.". .

Information.

14

Amendmentof section 66.

Amendmentof section 78.

THEGAZETIEOFINDIAEXTRAORDINARY[PARr IT-SEC. I)

38. In section 66 ofthe principal Act, after the words "delivered up to the owner ofthe
copyright," the words "or may make such order as it may deem fit regarding the disposal ofsuch copies or plates" shall be inserted.
39. In section 78 of the principal Act, in S\Jb..section (2),(1) for clause (a), the following clause shall be substituted, namely:-(a) the salaries and allowances payable to and the other terms andconditions of service of the chairman and other members of the Copyright
Board under sub-section (2) of section II;(il) after clause (c), the following clauses shall be inserted, namely:"(cA) the form and manner in which an Organisation may apply to the
Copyright Board for compulsory licence for disabled and the fee which may
accompany such application under sub-section (J) of section 31B;

(cB) the manner in which a person making sound recording may give priornotice ofhis inteotion to make SOU!id recording uoder sub-section (2) ofsection 31 C;(cC) the register and books of account and the details of existiog stock
which a persOn making sound recording may maintain under sub-section (5) ofsection 31 C;( cD) the manner in which prior notice may be given by a broadcastingorganisation under sub-section (2) of section 31D;
(cE) the reports and accounts which may be maintained under clause (a),and the inspection of records and books of account which may be made underclause (b) of sub-section (7) of section 31D;";(iii) after clause (cc), the following clanses shall be inserted, namely:-"(ci:A) the manner in which a copyright society may publish its Tariff
Scheme under sub-section (J) of section 33A;
(ccB) the fee which is to be paid before filing an appeal to the Copyright
Board under sub-section (2) of section 33A;";(ccC) the form of application for renewal of registration of a copyrightsociety and the fee which may accompany such application under sub-section(JA) ofsection33; .
(iv) clause (db) shall be omitted.

V.K.BHASIN,
Secretary to the Govt. ofIndia.

PluNrE.o BY DlitEcroRATE .OF PRDITING AT GOVERNMENT OF INDIA PRESS, MINTO ROAD,
NEW DELID AND PUBLISHFD ,BY 1HE CONTROlLER OF PUBUCATIONS, DELHI, 2012.

GMGIPMRND-1479GI(S3)-8-&-2012.

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