Copy Right Act, 1957

Object To consolidate and amend the law relating to copy right.

Definitions Author Communication to the public Infringing copy Reprography [Detailed definitions has to be studied from the book.]

Chapter - 2 Section 9 and 11 The main two functionaries provided by this Act is Copy Right Office[section 9] and Copy Right Board[section 11]

Chapter - 3 Section 11 The work in which the copy right subsist The copy right shall subsist, throughout India, in Original Literary, Dramatic, Musical , Artistic Work, Cinematographic and Sound recording

This copy right subsist only if the author is a citizen of India or domicile in India or work is published in India.

Section – 14 The meaning of copy right It means an exclusive right to do the following acts in respect of a work, that is, in case of a literary or dramatic work :- To reproduce the work in any material form To issue copies of the work to public To perform the work in public To make a sound recording in respect of a work To make a translation of the work To make a adaption of a work

The same right is recognized as a copy right in the case of:- computer program an artistic work Cinematography film Sound recording etc. with some slight variation with respect to the nature of work

Chapter – 4 Ownership of the copy right and owner’s right Section – 17 First owner of the copy right The AUTHOR of the work shall be the owner of the copy right. But in the case of literary or artistic work, made by an author during his employment by a proprietor of a newspaper or a magazine for publication in such magazine, proprietor shall be owner of copy right subject to the agreement to the contrary

Section 18 – Assignment of copy right The author of the copy right shall assign such right in writing, signed by the assigner to any person either wholly or partially subject to the conditions related to the duration and territorial extent of such assignment.

Chapter – 5 Term of copy right Section 22 – Term of copy right in literary, dramatic, artistic work etc. The copy right in such work will exist throughout the lifetime of the author and also subsist for 60 years from the death of author of such work.

Section 24 to 27 S 24 - Term of copy right in Posthumous work. Term of copy right is 60 years form the date of publishing of the work, dramatic, literary, music artistic etc. S 25 – Term of copy right in photograph. It is 60 years from the date of publishing. S 26 – Term in Cinematograph Film – 60 years from the date of publishing of film S 27 – Term of copy right in sound recording – 60 years from the date in which the sound recording is 1st published

Chapter – 6 License S 30 – License by the owner of the copy right. As per this section the owner of the copy right can grant the license relating to any interest like publishing or republishing of the work in which he holds the copy right. S 31 – Compulsory license in certain work. If during the term of copy right, if the owner of the copy right has refused to publish or republish any work which has already been published or any performed in the public, copy right board can give the direction to such owner to provide license to publish or perform such work before the public for their interest subject to the condition that adiquate compensation will be paid to such owner of copy right.

Chapter – 8 Right of broadcasting organization and performer Section 37 – Broadcast Reproduction right Every broadcasting organization shall have this right for a period of 25 years form the date of first broadcast. This right means that such organization can rebroadcast or make sound recording or visual recording of broadcast. During this 25 years if any person broadcast any program relating to any matter in which broadcast reproduction right exist, it shall be deemed to have infringed the broadcast reproduction right of the organization.

Section 38 – Performers right The performer appears in any performance shall have a right to be known as performer’s right and the period of such right is 50 years form the date of such performance. During that period who interferes with such performers right shall be deemed to have infringed such performer’s right

Chapter – 10 registration of the copy right Section – 44 Register of copy rights This register will be kept in the office of the Registrar of the Copy Right in which all particulars relating to copy right and its owner shall be entered

Chapter 11 – Infringement of the copy right Section 51 – When the copy right is infringed The copy right shall deemed to be infringed if any person does any of the following acts:- Without the license or in violation of condition of license does any act which can be exclusively done by the owner of the copy right. Permit any place to used for the communication of any work in which copy right exist, for profit.

3) Make sale or hire of work 4) To distribute the work 5) To import or export of the work

Section 52 – The acts which does not constitute the infringement of copy right [The trainees are advised to study this section in detail from book]

Chapter – 12 Civil Remedies Section 55 - Civil

Thank You, George Sr.PP