 .

INTRODUCTION
“ Copyright ” is right of artist, author, and producer of films etc., who have created a work
by use of their artistic skills. To enforce a Copyright - it is NOT necessary to register it.
Therefore, the registration of a patent is compulsory while the registration of copyright is
optional. Copyrights are available - even if the work is NOT registered.
NATURE of Copyright : -
Copyright is only an expression of an idea. There is no copyright in an idea.
Under Copyright what is protected is NOT the original thought or information, but the original
EXPRESSION of thought or information in some concrete form.
A second person can produce identical result and enjoy a copyright in that work using the same
idea, provided it is arrived at by an independent process (eg. Photograph of a building can have
copyright and it CANNOT be reproduced WITHOUT permission of the photographer. However,
another person is at liberty to take a photograph of the same building).
If a person gives a story idea and another person develops the idea and writes a novel, the
copyright will be of the person who wrote the novel and NOT the person who only gave the idea.
However, if a person dictates the story and the secretary types it, the person dictating will be the
author and NOT the secretary.
Further, copyright is a beneficial interest in MOVABLE property. It can be TRANSFERRED as
any other interest in movable property.
Benifits:
“ Copyright ” protects the skill, labour and capital employed by the author. Its object is to protect
the writer and author from the unlawful reproduction, piracy, copying or imitation.
As India is a signatory to WTO governing TRIPs agreement, good number of
amendments have been made to Copyright Act, so as to bring it in tune with the terms of TRIPs
agreement.\
***

 . SCHEME OF THE ACT

The Copyright Act, 1957 contains XV chapters consisting of 79 Sections.
CHAPTERS PROVISIONS SECTIONS
Chapter –I Preliminary 1-8
Chapter –II Copyright office and copyright board 9-12
Chapter –III Copyright 13-16
Chapter –IV Ownership of the copyright and the rights of the owner 17-21
Chapter –V Term of Copy right 22-29
Chapter –VI Licences 30-32B
Chapter –VII Copyright societies 33-36A
Chapter –VIII Rights of Broadcasting organization and of performers 37-39A
Chapter –IX International Copyright 40-43
Chapter –X Registration of Copyright 44-50A
Chapter –XI Infringement of Copyright 51-53A
Chapter –XII Civil Remedies 54-62
Chapter –XIII Offences 63-70
 Chapter –XIV Appeals 71-73
Chapter -XV Miscellaneous 74-79

***

 . DEFINITIONS - SEC. 2
C/1 Section 2(c) - “ ARTISTIC WORK ” :- means,
- A painting, a sculpture, a drawing ( including a diagram, map, chart, or plan ), an engraving or a
photograph, whether or not any such work possesses artistic quality;
- A work of architecture; and - Any other work of artistic craftsmanship.

C/2 Section 2(f) - “ CINEMATOGRAPH FILM ” :- means, any work of visual recording on any
medium produced through a process from which a moving image may be produced by any
means and INCLUDES a sound recording accompanying such visual recording and
cinematograph - shall be construed as including any work produced by any process analogous
to cinematography including video films.
C/3 Section 2 (ffb) - “ COMPUTER ” :- includes any electronic or similar device having information
processing capabilities.
C/4 Section 2 (ffc) - “ COMPUTER PROGRAMME ” :- means a set of instructions expressed in
words, codes, schemes or in any other form, including a machine readable medium, capable of
causing a computer to perform a particular task or achieve a particular result.
C/5 Section 2(h) - “ DRAMATIC WORK ” :- includes any piece for recitation, choreographic work
or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in
writing or otherwise but does NOT include a cinematograph film.
C/6 Section 2 (o) - “ LITERARY WORK ” :- includes Computer programmes, tables and
compilations including computer databases.
C/7 Section 2(p) - “ MUSICAL WORK ” :- means a work consisting of music and INCLUDES any
graphical notation of such work but does not include any words or any action intended to be
sung, spoken or performed with the music.
C/8 Section 2(xx) - “ SOUND RECORDING ” :- means a recording of sounds from which such
sounds may be produced regardless of the medium on which such recording is made or the
method by which the sounds are produced.
***

 . MEANING OF COPYRIGHT
Section 14 of the Act, defines the term “Copyright” as to mean - the EXCLUSIVE right to
do or authorize the doing of the following ACTS - in respect of a work or any substantial part
thereof, namely-
1. in the case of literary, dramatic or musical work, NOT being a computer programme,
- to reproduce the work in any material form including the storing of it in any medium by
electronic means,
- to issue copies of the work to the public NOT being copies already in circulation,
- to perform the work in public, or communicate it to the public,
- to make any cinematograph film or sound recording in respect of the work,
- to make any translation of the work,
- to make any adaptation of the work,
- to do, in relation to a translation or an adaptation of the work, any of the acts specified in
relation to the work in the above sub-clauses.
2. in the case of a computer programme,
- to do anything specified in the above clause 1.
- To sell or give on commercial rental or offer for sale or for commercial rental, any copy of
the computer programme. However such commercial rental does NOT apply in respect
of computer programmes where the programme itself is NOT the essential object of the rental.
3. in case of an artistic work
- to produce the work in any material form INCLUDING depiction in three dimensions of a
two dimensional work or in two dimensions of a three dimensional work,
- to communicate the work to public,
- to issue copies of the work to the public NOT being copies already in circulation,
- to include the work in any cinematograph film,
- to make any adaptation of the work,
- to do in relation to an adaptation of the work - any of the acts specified in relation to the
work in the above sub clauses.
4. in the case of cinematograph film and sound recording
- making a copy of the film INCLUDING a photograph of any image or making any other
sound recording embodying it,
- selling or giving on hire or offer for sale or hire any copy of the film/ sound recording
EVEN IF such copy has been sold or given on hire on earlier occasions, and
- communicating the film/ sound recording to the public.
( Q.6)
“ TERM ” of COPYRIGHT
Sections 22-29 deal with the terms of copyright in various cases.
According to Section 22 of the Act, the NORMAL term of copyright is THROUGHOUT
the lifetime of author plus 60 years from beginning of calendar year next following the year in
which the author dies. In case of joint authorship, the author who dies last will be considered.
In case of anonymous ( i.e. without disclosing name ) and pseudonymous ( i.e. under
assumed name ) it is 60 years from calendar year following the year in which it is published,
BUT if the name is disclosed, it will be 60 years from the year following the year in which the
author dies. ( Section 23 )
In case of posthumous work, photograph, cinematograph films, sound recording,
government works, works of public undertakings and works of international organizations,
copyright shall subsist 60 years from beginning of the calendar year NEXT to the year - in which
the work is published. ( Section 24-29 )

Further the Copyright (Amendment) Act, 1994 has given SPECIAL right - to every
broadcasting organization known as “broadcast reproduction right” in respect of its broadcasts.
This right is to be enjoyed by every broadcasting organization for a period of 25 years from the
beginning of the calendar year NEXT following the year in which the broadcast is made. In
terms of Copyright (Amendment) Act, 1999 if any PERFORMER appears or engages in any
performance, he has a SPECIAL RIGHT in relation to such performance called performer’s right
to be enjoyed for a period of 50 years.
“ COPYRIGHT BOARD ”
According to Section 11 of the Act, a quasi- judicial body by name “Copyright Board” is
constituted by the Central govt. with a Chairman and with minimum 2 and maximum 14
members. The Chairman shall be a person who is or has been a judge of High Court or is
qualified to be appointed as a judge of High Court. The Board sits with benches of 3 members,
but Chairman can form a larger bench of 5 members to consider matter of special importance.
The Registrar of Copyright - to Act as Secretary of the Copyright Board.
“ FUNCTIONS ” of the Copyright Board
The main functions of the Copyright Board are as under :-
1. Settlement of disputes - as to whether copies of any literary, dramatic or artistic work or records
are issued to the public in sufficient numbers
2. Settlements of disputes - as to whether the term of copyright for any work is shorter in any other
country than that provided for that work under the Act.
3. Settlement of disputes - with respect to assignment of copyright.
4. Granting of compulsory licences - in respect of Indian works withheld from public.
5. Granting of compulsory licences - to publish unpublished Indian works.
6. Granting of compulsory licences - to produce and publish translation of literary and dramatic
works.
7. Granting of compulsory licences - to produce and publish literary, scientific or artistic works for
certain purposes.
8. Determination of royalties - payable to the owner of the copyright.
9. Determination of objection - lodged by any person as to the fees charged by performing Rights
Societies.
10. Rectification of register on the application of the Registrar or of any person aggrieved.
An appeal, EXCEPT under Section 6, lies to the High Court against orders passed by
the Copyright Board, within whose jurisdiction the appellant resides or carries on business.
***

 . “ ASSIGNMENT ” OF COPYRIGHT
Section 18 provides for the assignment of copyright in an existing work as well as future
work. In both the cases, an Assignment may be made of the Copyright EITHER wholly or
partially and generally or subject to the limitations and that too for the WHOLE period of
copyright of part thereof.
However, in case of Assignment of Copyright in any future work, the assignment has the
real effect ONLY when the work comes into existence. In case of assignment of a future work,
where the assignee dies BEFORE the future work comes into existence, the legal
representative of the deceases assignee is entitled to such an assignment.
MODE of Assignment :- According to Section 19 of the Act, the assignment must be in writing,
duly signed by the assignor or his authorised agent. The assignment must specify details of
work being assigned, rights assigned, duration and territorial extent of assignment. If period of
assignment is NOT specified, it will be presumed to be 5 years.
If the territorial extent is NOT specified, it shall be presumed to extend within India. The
amount of royalty payable to assignor or his heirs should also be specified. If the assignee does
NOT make any use of rights assigned to him WITHIN a period of 1 year from the date of
assignment, the assignment will be deemed to have lapsed, UNLESS otherwise specified in the
agreement. ( Q.7)
“ LICENCES ”
According to Section 30 of the Act, the OWNER of COPYRIGHT - can grant interest in
his right by licence in writing to another person. Licence relating to future work can also be
licensed, but the licence takes effect ONLY after the work comes into existence. Such work is
normally for re-publication, performance in public or communication.
Where a person to whom a licence relating to copyright in any future work is granted, 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.
COMPULSORY Licence - in Works WITHHELD from Public
According to Section 31, if at any time during the term of Copyright in any Indian work
which has been published or performed in public and the owner does NOT grant permission for
re-publication, performance or communication to public, the Copyright Board, on being satisfied
that the work is WITHHELD from public, can direct, AFTER giving an opportunity to the owner of
copyright of being heard, the Registrar of Copyrights to grant compulsory licence to the
complainant on such terms and conditions INCLUDING the terms of payment of compensation,
as it may deem fit.
COMPULSORY licence - in UNPUBLISHED Indian works
In case of an Indian work, the author of which is dead or unknown or cannot be traced,
Copyright Board can grant licence to any applicant on such terms as it may deem fit. The
Copyright Board AFTER holding an inquiry - 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 such terms and conditions as it may
deem fit.
LICENCES - to produce and publish TRANSLATIONS
According to Section 32, any person may apply to the Copyright Board for a licence - to
produce and publish a translation of a literary or dramatic work in any language AFTER a period
of 7 years from the date of first publication of such work.
However, in respect of teaching, scholarship or research, any person may apply to the
copyright board for a licence to produce and publish a translation of a literary or dramatic work
other than an Indian work, in any language in general use in India AFTER a period of 3 years -
from the date of first publication of such work. Further where the translation is in a language
NOT in general use in any developed Country, such application may be made AFTER a period
of 1 year from first publication of such work.( Q.3)
“ TERMINATION ” of Licence
According to Section 32A, at any time AFTER granting licence, if the owner of the
copyright 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 reasonable price, the licence may be
TERMINATED by the Copyright board, AFTER giving three months from the date of service of
notice on the licence by the owner.

“ COPYRIGHT SOCIETIES ”
An individual person is often NOT able to administer his rights effectively. If such
copyrights owners form a society, the society can administer the rights effectively and ensure
that the owners of copyright get their due share. For example, leading music directors and
lyricists in India have registered such a society under the Act in 1996.
According to Section 33(1) of the Act, NO person or association of persons shall carry on
the business of issuing or granting licences in respect of any work in which copyright subsists or
in respect of other rights conferred under the Act. However, an OWNER of copyright, in his
individual capacity continues to have the right to grant licences in respect of his own works
consistent with his obligations as a member of the registered copyright society. The Central
 Govt. CANNOT register more than one Copyright Society - to do business in respect of the
same class of works.
Further, the Central Govt. has been empowered TO CANCEL the registration of a
Copyright Society - if its management is detrimental to the interests of the owners of rights
concerned. The registration can also be suspended by the Govt. for a period of one year - if it is
necessary in the interest of the owners of the rights concerned and the Govt. has to appoint an
administrator to discharge the functions of the Copyright society.
ADMINISTRATION of Rights of Owner - by Copyright Society. (Section 34)
The society may accept EXCLUSIVE rights of administration - from owner of copyright for
issue of licences or collection of fees or both. Such authorization can be withdrawn by an owner
WITHOUT prejudice to the rights of the copyright society. Such society can also enter into an
agreement with a foreign society for administration of rights in foreign country.
Further, a Copyright Society is empowered to :-
1. issue licences under the Act in respect of any rights.
2. collect fees in pursuance of such licences
3. distribute such fees among owners of rights after making deductions for its own expenses, and
4. perform any other function consistent with the provisions of section 35.
According to Section 35 of the Act, provides that every copyright society is subject to the
collective control of the owners of the rights whose rights it administers. However, it EXCLUDES
the owners of right administered by a foreign society.( Insert Q.1,2)
***

 . “ RIGHTS ” OF BROADCASTING ORGANISATION & PERFORMERS

Chapter VIII containing Sections 37- 39A deals with rights of broadcasting organizations
and performers.
According to Section 37, every broadcasting organization to have a special right known
as “broadcasting reproduction rights”, in respect of its broadcasts for a period of 25 years from
the beginning of the calendar year NEXT following the year in which the broadcast is made.
Section 38 protects such “Performer’s rights” for a period of 50 years, in relation to such
performance.
Anybody who does the following acts, WITHOUT the licence of the owner of the
right, shall be deemed to have INFRINGED the “broadcasting reproduction rights” :-
1. re broadcasting the broadcast, (or)
2. causes the broadcast to be heard or seen by the public on payment of any charges, (or)
3. makes any sound recording or visual recording of the broadcast, (or)
4. makes any reproduction of such sound recording or visual recording where such initial recording
was done WITHOUT licence, (or)
5. sells or hires to the public any such sound recording or visual recording mentioned in points 3 &
4 above.
Section 39 stipulates the situations wherein NO broadcast reproduction right or
performer’s right shall be deemed to be infringed, namely-
- the making of any sound recording or visual recording for the PRIVATE purpose of the
concerned person or solely for the bona fide purposes of teaching or research, (or)
- the use, CONSISTENT with fair dealing of EXCERPTS of a performance or of a broadcast in
the reporting of current events or bonafide review, teaching or research, (or)
- such OTHER ACTS, with any necessary modifications and adaptations which DO NOT
constitute infringement under Section 52.
 ***

 . “ INTERNATIONAL ” COPYRIGHT
Copyright protection to FOREIGN works
The provisions of the Copyright Act applies ONLY to the works first published in India,
IRRESPECTIVE of the nationality of the author. The benefits granted to foreign works will NOT
extend beyond what is available to the works in the home country and that too on a reciprocal
basis. Further, the term of the copyright in India to the foreign work, will NOT exceed that
conferred by the foreign country.
In this connection, the Government of India has passed the International Copyright Order,
1958.
CONDITIONS of Copyright Protection
The following are the conditions for conferring copyright protection to works of
international organizations:-
1. the work must be made or first published by or under the direction or control of the international
organization,
2. there should be NO copyright in the work in India at the time of making or on the first publication
of the work,
3. if the work is published in pursuance of an agreement with the author, such agreement should
NOT reserve to the author the copyright, if any, in that work
POWER of CENTRAL GOVT. to apply Provisions of Chapter VIII to Broadcasting
Organization and Performers in certain Other Countries.
Section 40A provides that, subject to the satisfaction of the Central Govt. where 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 organizations and performers to which
India is a party ) has made or has undertaken to make such provisions for the protection in that
Foreign Country, of the rights of broadcasting organizations and performers as is available
under this Act, the Central govt. may direct the provisions of Chapter VIII shall apply:-
1. to broadcasting organizations 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 organization were situated in India or such
broadcast were made from India,
2. to performances that took place OUTSIDE India to which the order relates in like manner as if
they took place in India,
3. 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,
4. to performances NOT fixed on a sound recording broadcast by a broadcasting organization 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 organization were situated in India or such broadcast were made from
India.
Further Section 40A(2) provides that the order so made by the Central Govt. may
provide that :-
1. the provisions of Chapter VIII shall apply EITHER generally or in relation to such class of
broadcasts or such other class or classes of cases as may be specified in the order,
2. the term of the rights of broadcasting organizations and performers in India shall NOT exceed
such term as is conferred by the law of that country to which the order relates,
3. 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,
4. Chapter VIII shall NOT apply to broadcast and performances made BEFORE the
commencement of that order,
5. in case of Ownership of rights of broadcasting organizations and performers, the provisions of
Chapter VIII shall apply with such exceptions and modifications as the Central govt. may
consider necessary.

POWER to RESTRICT rights of Foreign Broadcasting Organizations and Performers.

Section 42A provides that IF IT APPEARS to the Central Govt. that a Foreign Country
does NOT give or has NOT undertaken to give adequate protection to rights of broadcasting
organizations or performers, the Central Govt. may by order, direct that such of the provisions of
this Act, as confer rights to broadcasting organizations and performers, shall NOT apply to
broadcasting organizations or performers whereof are based or incorporated in such foreign
country or are subjects or citizens of such foreign country and are NOT domiciled or
incorporated in India, and thereupon such provisions shall NOT apply to such broadcasting
organizations or performers.
***

 . “ REGISTRATION ” OF COPYRIGHT
Chapter X of the Act, containing Sections 44- 50A deal with various aspects of
Registration of Copyrights.
According to Section 44 of the Act, Copyright may be registered with the Registrar of
Copyrights, who has to maintain a register containing the details like name or title of work, name
and addresses of authors, publishers and owners of copyright. The Registration of a Copyright
is NOT compulsory and is NOT a condition precedent for maintaining a suit for damages, if
somebody infringes the copyright.
Thus, an action for infringement can be brought EVEN IF the registration has NOT been
done.
The only effect of registration is that is the prima facie evidence of the particulars entered in the register.

The Register of Copyrights is to be kept in 6 parts as under :-

1. Literary works OTHER THAN computer programme, tables & compilations .
2. Musical works
3. Artistic works
4. Cinematographic films
5. Sound Recording
6. Computer Programmes, tables and compilations. (Q.8)
***

 . “ INFRINGEMENT ” OF COPYRIGHT
Copyright protection gives EXCLUSIVE rights to the Owners of the work - to reproduce
the work enabling them to derive the financial benefits by exercising such rights. If any person
WITHOUT authorization from the owner exercises these rights in respect of the work which has
copyright protection, it constitutes an INFRINGEMENT of the copyright. If the reproduction of
 the work is carried out AFTER THE expiry of the copyright it will NOT amount to an
infringement.
According to Section 51, a Copyright is INFRINGED when a person, WITHOUT a
licence granted by the owner of the copyright or the registrar of copyright or in contravention of
the conditions of a licence so granted does:-
- Anything for which the exclusive right is conferred upon the owner of the copyright, (or)
- Permits for profit any place to be used for the communication of the work to public where such a
communication constitutes an infringement of the copyright in the work, UNLESS he was not
aware and had no reason to believe that such communication would be an infringement of
copyright.
- When ANY Person :-
1. makes for sale or hire or lets for hire or by way of trade display or offers for sale or hire,
(or)
2. distributes either for the purpose of trade or to such an extent as to affect prejudicially the
owner of the copyright, (or)
3. by way of trade, exhibits in public, (or) ;
4. Imports into India any infringing copies of the work.
Further, the REPRODUCTION of literary, dramatic, musical or artistic work in the form of
cinematograph film shall be deemed to be an INFRINGED COPY. However, IMPORT of one
copy of any work is allowed for PRIVATE and DOMESTIC use of the Importer.(Q.4,5)

Statutory “ EXCEPTIONS ”
Section 52 provides for the exceptions to the rule of infringement. They are :-
1. Fair dealing with literary, dramatic, musical or artistic work ( excluding computer programme )
for private use, research, criticism or review.
2. Making copy of the computer programme by the lawful possessor of the programme for utilizing
the programme or making back up copies as protection against loss, destruction or damage to
the original programme.
3. Fair dealing with a work for reporting current events in a newspaper, magazine, or by broadcast
or in a cinematographic film or by means of a photograph.
4. Reproduction of judicial proceeding or report of judicial proceeding
5. Reproduction by Secretariat of Legislature for use of members of legislature.
6. Reproduction in a certified copy made as per law.
7. Reading in public a reasonable extract from published literary or dramatic work.
8. Publication of short passages in a collection bonafide for use of educational institutions. Not
more than 2 passages of an author should be used by same publisher in 5 years.
9. Reproduction by a teacher or pupil - in the course of instruction or in question paper or in
answer paper.
10. Performance of literary, dramatic or musical work by staff and students of educational
institutions, or communication of cinematographic film or sound recording - if the audience is
only staff, students, parents/guardians of the students and persons directly connected with
activities of institution. ( Thus, performance of dramas, or exhibition of films in schools or college
gathering is permitted.)
11. Making sound records in respect of any literary, dramatic or musical work - if the sound
recording is made earlier with licence or consent of owner of copyright and royalties are paid to
 owner of copyright. Such sound recording CANNOT be made within 2 years - following the year
when first sound recording is made and proper packaging and labels have to be used.
12. Playing the record in the closed hall in residential premises or part of activities of club which is
NOT established for profit.
13. Performance by an amateur club or society for NON PAYING audience or for benefit of a
religious institution.
14. Reproducing in a newspaper, magazine of an article on current economic, political, social or
religious topic, UNLESS the author has expressly reserved to himself the right of such
reproduction.
15. Publication in newspaper or periodical a report of lecture delivered in public.
16. Making upto 3 copies in a public library for library use - if such book is NOT available in India.
17. Reproduction for research or private study of an unpublished work kept in public library or public
museum. However, if the identity of the author is known, the right can be exercised only 60
years AFTER the death of the author(s).
18. Reproduction of :-
- Any matter published in official gazette except Act of legislature
- Act of legislature with commentary thereon or other original matter
- Report of any committee, commission or board appointed by any govt. if such report is
laid before parliament unless it is prohibited by govt.
- Judgment of any Court or tribunal UNLESS court or tribunal has PROHIBITED its
reproduction or publication.
19. Translation in any Indian language of any Act of legislature - if such translation is NOT available.
However, the translation should contain a statement that it is NOT authorised or authenticated
by Govt.
20. Making or publishing of a painting, drawing, engraving or photograph of work or architecture.
21. Inclusion of any cinematographic film of any artistic work permanently situated in a place or
inclusion of an artistic work - ONLY by way of background or incidental to principal matters
represented in film.
22. Use by author of a work of moulds, cast, sketch, plan or model or study made by him for
purposes of the work- even if the author is NOT the copyright holder- but such use should NOT
be for repetition or imitation of the work.
23. Reconstruction of a building or structure as per original drawings or plans - if the original
construction was made with licence or with consent of the owner of the copyright.
24. Exhibition of a film AFTER expiry of the terms of copyright.
25. Making, recording by broadcasting organization for archival purposes, or for its own broadcast.
26. Performance of a work or communication to public - in the course of bona fide religious
ceremony.
27. Performance of an OFFICIAL ceremony - held by Central or State Govt. or Local Authority.
***

 . “ REMEDIES ” AGAINST INFRINGEMENT OF COPYRIGHT

According to Section 55, the civil remedies available to owner of copyright against
infringement are injunctions, damages, accounts etc. If defendant proves that he was NOT
aware of the existence of Copyright, the Owner of copyright is entitled only to share in profits
and injunction In terms of Section 58, the owner of copyright can claim possession of all
infringing copies and other material used for infringement.

Author’s “ SPECIAL Rights ”

Author has some special rights, which are available EVEN IF he has assigned the right in
the work such as to claim authorship of the work and to restrain or claim damages in respect of
any distortion, mutilation, modification, or other act in relation to the said work, if such distortion,
mutilation, modification would be prejudicial to his honour or reputation.
Section 57 allows the owner of the copyright to claim damages in such cases or initiate
any other action.

Offences and Penalties

As per Section 63, if any Person who knowingly infringes or abates the same of the
copyright in a work or any other right conferred under the Act, such Person is liable to
imprisonment for a minimum period of 6 months and which may extend to 3 years and with
minimum fine of Rs. 50000/- and which may extend to Rs. 2,00,000.
However, the court may give a lesser sentence in deserving cases.
Section 63A deals with second and subsequent convictions and provides for
imprisonment not less than 1 year extendable to 3 years and the fine not less than 1,00,000
extendable to 2,00,000.

Power of Police to SEIZE Infringing copies

As per Section 64, where any police officer NOT below the rank of Sub- Inspector, has
reason to believe that an offence under Section 63 is likely to be committed or committed or is
being committed, may WITHOUT warrant seize all copies of the work and other material used
for the infringement.
Further, the police officer is put under obligation to produce the material seized before the
Magistrate, as soon as practicable. Any person interested may make an application to the
Magistrate WITHIN 15 days of such seizure, for RESTORING to him such copies and other
material.
According to Section 65, whoever possesses the infringing copies and other material
intended to be used for infringement, is liable to imprisonment up to 2 years and also with fine or
both.
Under Section 67 treats the making of false entries in register etc. for producing or
tendering false entries, a punishable offence with imprisonment up to 1 year or with fine or both.
According to Section 68, anybody makes any false statements for the purpose of
deceiving or influencing any officer or authority, is liable to imprisonment up to 1 year or fine or
both.
Further Section 68A provides that any Person who publishes a sound recording or a
video film in contravention of Section 52A, shall be punishable with imprisonment which may
extend to 3 years and also shall be liable to fine.
******

******
GO AHEAD,
 YOU
ARE
“ BORN TO SUCCEED ”
******