marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
39A. Certain provisions to apply in case of broadcast reproduction right and performer’s .
 (1)Sections 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 right in any performance as they apply in relation to copyright in a work:
Provided that where copyright o r performer’s right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer, as the case may be, or both of them:
Provided further that the broadcast reproduction right or performer’s right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work.
(2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any
work in respect of which, the broadcast or the performance, as the case may be, is made.]
CHAPTER IX : INTERNATIONAL COPYRIGHT
40. Power to extend copyright to foreign works.
The Central Government may, by order1 published in the Official Gazette, direct that all or any provisions of this Act shall apply—
(a) to works first published in any territory outside India to which the order relates in like manner as if they were first published within India;
(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India;
(c) in respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India;
(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, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time;
and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly: Provided that—
(i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that the foreign country has made, or has undertaken to make, such provisions, if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act;
(ii) the order may provide that the provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order;
(iii) the order may provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates 2[but such a term or copyright shall not exceed the term of copyright provided under this Act];
(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 may be prescribed by the order;
(v) in applying the provisions of this Act as to ownership of copyright, the order may 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 thereof shall not apply to works first published before the commencement of the order.
CHAPTER IX : INTERNATIONAL COPYRIGHT
40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries
 (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 organizations and performers as is available under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply—
(a) to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitter situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast weremade fromIndia;
(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 were published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a 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
1[Provided that it does not exceed the period provided under this Act;]
(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order;
(iv) Chapter VIII 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, consider necessary.]
CHAPTER IX : INTERNATIONAL COPYRIGHT
41. Provisions as to works of certain 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 the copyright, 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 material times 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 organisations to which this section applies are such organisations as the Central Government may, by order2 published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.
CHAPTER IX : INTERNATIONAL COPYRIGHT
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 has not undertaken to give adequate protection to the works of Indian authors, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works.
CHAPTER IX : INTERNATIONAL COPYRIGHT
42A. Power to restrict rights of foreign broadcasting organisations and performers.
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 or 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:]
CHAPTER IX : INTERNATIONAL COPYRIGHT
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 is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.
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 be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.
CHAPTER X : REGISTRATION OF COPYRIGHT
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 application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights:
2[Provided that in respect of an artistic work which is used or is capable of being used in 3[relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in 4[section 3 of the Trade Marks Act, 1999 ( 47 of
1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
CHAPTER X : REGISTRATION OF COPYRIGHT
46. Indexes.
There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.
CHAPTER X : REGISTRATION OF COPYRIGHT
47. Form and inspection of register.
The Register of Copyrights and indexes thereof kept under this
Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.
CHAPTER X : REGISTRATION OF COPYRIGHT
48. Register of Copyrights to be prima facie evidence of particulars 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, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.
CHAPTER X : REGISTRATION OF COPYRIGHT
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.
CHAPTER X : REGISTRATION OF COPYRIGHT
50. Rectification of Register by Appellate Board.
The [Appellate Board], on 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.
CHAPTER X : REGISTRATION OF COPYRIGHT
50A. Entries in the Register of Copyrights, etc., to be published.
Every entry made in the
Register of Copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rectification ordered under section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.]
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
1[(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to thepublic wouldbeaninfringementofcopyright;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 2*** into India,
any infringing copies of the work:
3[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.]
Explanation.— For the 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”.
CHAPTER XI : INFRINGEMENT OF COPYRIGHT
52A. Particulars to be included in records and video Films.
 (1) No person shall publish a 3[sound recording] in respect of any work unless the following particulars are displayed on the 3[sound recording] and on any container thereof, 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 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act in respect of such work;
(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright in such work for making such video film; and
(c) the name and address of the owner for the copyright in such work.]
CHAPTER XI : INFRINGEMENT OF COPYRIGHT
52B. [ Omitted .]
[Accounts and audit.] Omitted by the Copyright Act, 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012).
CHAPTER XI : INFRINGEMENT OF COPYRIGHT
53. Importation of infringing copies.
(1) The owner of any right conferred by this Act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to the Commissioner of Customs, or to any other officer authorised in this behalf by the Central
Board of Excise and Customs,—
(a) that he is the owner of the said right, with proof thereof; and
(b) that he requests 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 of the right and on being satisfied may, subject to the provisions of sub-section (3), 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 not infringing copies.
(3) When any goods treated as prohibited under sub-section (2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) 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 be treated as prohibited goods, if the person who gave notice under sub-section (1) 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 their detention.]
CHAPTER XI : INFRINGEMENT OF COPYRIGHT
53A. Resale share right in original copies.
(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 3[Appellate Board] may fix and the decision of the 2[Appellate Board] in this behalf shall be final: 
Provided that the 2[Appellate Board] may fix different shares for different classes of work:
Provided further that in no case shall the share exceed ten percent of the resale price.
(3)If any dispute arises regarding the right conferred by this section, it shall be referred to the
1[Appellate Board] whose decision shall be final.]
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 1[Appellate Board] by that author or his legal representatives.
CHAPTER XII : CIVIL REMEDIES
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, 2[or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, in the case of an artistic work, appeared on the 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.
CHAPTER XII : CIVIL REMEDIES
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.
CHAPTER XII : CIVIL REMEDIES
57. Author’s special rights.
1[(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 2[***] 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 right conferred upon an author of a work by sub-section (1), 3[***], may be exercised by the legal representatives of the author.