marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER V : TERM OF COPYRIGHT
25. [Omitted.].
Omitted by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 13 (w.e.f. 21-6-2012).
CHAPTER V : TERM OF COPYRIGHT
26. Term of copyright in cinematograph films.
In the case of a cinematograph film, copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the film is published.
CHAPTER V : TERM OF COPYRIGHT
27. Term of copyright in sound recording.
In the case of a 3[sound recording] copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the 3[sound recording] is published.
CHAPTER V : TERM OF COPYRIGHT
28. Term of copyright Government works.
In the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the work is first published.
CHAPTER V : TERM OF COPYRIGHT
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, copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the work is first published.]
CHAPTER V : TERM OF COPYRIGHT
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 2[sixty years] from the beginning of the calendar year next following the year in which the work is first published.
CHAPTER VI : LICENCES
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 any interest in the right by licence in 5[writing 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 the licence, be entitled to the benefit of the licence.
CHAPTER VI : LICENCES
30A. Application of sections 19.
The provisions of 7[sections 19] shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.]
CHAPTER VI : LICENCES
31. Compulsory licence in works withheld from public.
(1) If at any time during the term of copyright in 1[any work] which has been published or performed in public, a complaint is made to the 2[Appellate Board] that the owner of copyright in the work—
(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or
(b) has refused to allow communication to the public by 3[broadcast] of such work or in the case of a 4[sound recording] the work recorded in such 4[sound recording], on terms which the complainant considers reasonable;
the 2[Appellate 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 deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by 3[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the 2[Appellate Board] may determine; and thereupon the Registrar of Copyrights shall grant the 5[licence to such person or persons who, in the opinion of the 2[Appellate Board], is or are qualified to do so] in accordance with the directions of the 2[Appellate Board], on payment of such fee as may be prescribed.
CHAPTER VI : LICENCES
31A. Compulsory licence in unpublished or published works.
(1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the 2[Appellate Board] for a licence to publish or communicate to the public such work or a translation thereof in any language.]
(2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language.
(3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed.                                                                  (4) Where an application is made to the 1[Appellate Board] under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the 1[Appellate Board] may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the 1[Appellate 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 the 1[Appellate Board] in the public account of India or in any other account specified by the 1[Appellate Board] so as to enable the owner of the copyright or, as the case may be, 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 Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it.
(7) Where any work is not published within the period specified by the Central Government under sub-section (6), the 1[Appellate Board] may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the 1[Appellate Board] may, in the circumstances of such case, determine in the prescribed manner.]
CHAPTER VI : LICENCES
31B. Compulsory licence for benefit of disabled.
(1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the 1[Appellate Board], in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the 1[Appellate Board] shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application.
(2) The 1[Appellate Board] may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.
(3) If the 1[Appellate Board] is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyrights to grant to the applicant such a licence to publish the work.                                                                                                                                                        (4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:
Provided that where the 1[Appellate Board] has issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit.]
CHAPTER VI : LICENCES
31D. Statutory licence for broadcasting of literary and musical works and sound recording.
(1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the 1[Appellate Board].
(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 1[Appellate Board] shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub-section (2), the 1[Appellate Board] may require the broadcasting organisation to pay an advance to the owners 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, be announced with the broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
(7) The broadcasting organisation shall—
(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and (b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast,
in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.]
CHAPTER VI : LICENCES
32B. Termination of licences issued under this Chapter.
(1) If, at any time after the granting of a licence to produce and publish the translation of a work in any language under sub-section (1A) of section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same 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 the person 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 of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same 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 the person holding the licence by the owner of therightofreproductionintimatingthesaleordistributionofthecopiesoftheeditionsofwork asaforesaid:
Provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.]
CHAPTER VII : COPYRIGHT SOCIETIES
33A. Tariff Scheme by copyright societies.
 (1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed.
(2) Any person who is aggrieved by the tariff scheme may appeal to the 4[Appellate Board] and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may 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 4[Appellate 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 the appeal:
Provided further that the 4[Appellate Board] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal.]
CHAPTER VII : COPYRIGHT SOCIETIES
34. 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 1[author and other owners of right] exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and
(b) an 1[author and other owners of right] 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 pursuance of such licences;
(iii) distribute such fees among 1[author and other owners of right] after making deductions for its own expenses;
(iv) perform any other functions consistent with the provisions of section 35.
CHAPTER VII : COPYRIGHT SOCIETIES
34A. [ Omitted .]
[Payment of remunerations by copyright society.] Rep. by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012).
CHAPTER VII : COPYRIGHT SOCIETIES
35. Control over the copyright society by the author and other owners of rights.
(1) Every copyright society shall be subject to the collective control of the 2[author and other owners of right] under this Act whose rights it administers (not being 2 [author and other owners of right] 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 2[author and other owners of right] 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 2[author and other owners of right]; 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 2[author and other owners of right] shall, as far as may be, be
distributed in proportion to the actual use of their works.
1[(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.]
1[(4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of right in the distribution of royalties.]
CHAPTER VII : COPYRIGHT SOCIETIES
36. Submission of returns and reports.
(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.
CHAPTER VII : COPYRIGHT SOCIETIES
36A. Rights and liabilities of performing rights societies.
Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a 2[copyright society] which had accrued or were incurred on or before the day prior to the commencement of 3[the Copyright (Amendment) Act, 2012 (27 of 2012], or any legal proceedings in respect of any such rights or liabilities pending on that day.]
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
37. Broadcast reproduction right.
 (1) Every broadcasting organisation shall have a special right known as “broadcast reproduction right” in respect of its broadcasts.
to be
(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 is made.
(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 of the following acts of the broadcast or any substantial part thereof,—
(a) re-broadcast 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
1[(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d)].]
shall, subject to the provision of section 39, be deemed to have infringed the broadcast reproduction right.
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
38. 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” in relation to such performance.
(2) The performer’s right shall subsist until 3[fifty years] from the beginning of the calendar year next following the year in which the performance is made.
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
38A. Exclusive right of performers.
(1) Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authorise for 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—
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
(ii) issuance of copies of it to the public not being copies already in circulation;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial 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 has, by written agreement, consented to the incorporation of his performance in
a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer’s right in the same film:
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for
royalties in case of making of the performances for commercial use.]
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
38B. Moral rights of the performer.
The performer of a performance shall, independently of his
right after assignment, either wholly or partially of his right, have the right,—
(a) to claim to be identified as the performer of his performance except where omission is dictatedbythemanner oftheuseoftheperformance;and
(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation.
Explanation.—For the purposes of this clause, it is hereby clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.]
CHAPTER VIII : RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS
39. Acts not infringing broadcast reproduction right or performer’s right.
No broadcast reproduction right or performer's right shall be deemed to be infringed by—
(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 other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.]