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Copyright Act 1957

Copyright Act 1957

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Categories:Types, Business/Law
Published by: LEX-57 the lex engine on Nov 21, 2010
Copyright:Attribution Non-commercial

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01/31/2012

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INDIAN COPYRIGHT ACT, 1957
 
INDIAN COPYRIGHT ACT, 1957
CHAPTER IPreliminary
 
[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 date
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 as the Central Government may, by notification in theOfficial 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 byway 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 inwhich the story or action is conveyed wholly or mainly by means of pictures in a form suitable forreproduction in a book, or in a newspaper, magazine or similar periodical;
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 (iv) in relation to a musical work, any arrangement or transcription of the work; 
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and(v)
 
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 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, orany model for such building or structure; 
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 (c) "artistic work" means-(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or aphotograph, whether or not any such work possesses artistic quality;(ii) work of architecture;
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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;(ii) in relation to a musical work, the composer;(iii) in relation to an artistic work other than a photograph, the artist;(iv) in relation to a photograph, the person taking the photograph;(v) in relation to a cinematograph
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 or sound recording the producer; and(vi) in relation to
 [any literary, dramatic, musical or artistic work which is computer-generated, theperson who causes the work to be created;]
 
[(dd)
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"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 orvisual images; or(ii) by wire, and includes a re-broadcast;](e) "calendar year' means the year commencing on the 1st day of January;(f)
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"cinematograph film" means any work of visual recording on any medium produced through aprocess from which a moving image may be produced by any means and includes a sound recordingaccompanying such visual recording and "cinematograph" shall be construed as including any workproduced by any process analogous to cinematography including video films;(ff)
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"communication to the public" means making any work available for being seen or heard orotherwise enjoyed by the public directly or by any means of display or diffusion other than by issuingcopies of such work regardless of whether any member of the public actually sees, hears orotherwise enjoys the work so made available.
Explanation.
- For the purposes of this clause, communication through satellite or cable or any othermeans of simultaneous communication to more than one household or place of residence includingresidential rooms of any hotel or hostel shall be deemed to be communication to the public;(ffa)
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"composer', in relation to a musical work, means the person who composes the musicregardless of whether he records it in any form of graphical notation;(ffb)
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"computer" includes any electronic or similar device having information processingcapabilities;(ffc)
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"computer programme" means a set of instructions expressed in words, codes, schemes or inany other form, including a machine readable medium, capable of causing a computer to perform aparticular task or achieve a particular result;(ffd) 
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"copyright society" means a society registered undersub-section (3) of section 33 (g) "delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or
 
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[broadcast] by;(h) "dramatic work" includes any piece for recitation, choreographic work or entertainment in dumbshow, the scenic arrangement or acting form of which is fixed in writing or otherwise but does notinclude a cinematograph film;[(hh) 
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"duplicating equipment" means any mechanical contrivance or device used or intended to beused for making copies of any work;](i) "engravings" include etchings, lithographs, wood-cuts, prints and other similar works, not beingphotographs;(j) "exclusive licence" means a licence which confers on the licensee or on the licensee and personsauthorised by him, to the exclusion of all other persons (including the owner of the copyright), anyright 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 controlof-(i) the Government or any department of the Government;

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