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Act14
Enacted 1957

The Copyright Act, 1957

In force 105 sections Commerce and Industry

An Act to amend and consolidate the law relating to copyright.

Act 14 of 1957 Enacted 04 Jun 1957 In force 21 Jan 1958 Department Department of Promotion of Industry and Internal Trade

Administered by. Ministry of Commerce and Industry, Department of Promotion of Industry and Internal Trade · Other Acts of 1957

Preamble

THE COPYRIGHT ACT, 1957

ACT NO. 14 OF 19571

[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:--

What this Act covers

Summary of the Copyright Act, 1957

Key Provisions:

1. Works Protected by Copyright

o The Act provides copyright protection for:

 Literary works.

 Dramatic works.

 Musical works.

 Artistic works.

 Cinematograph films.

 Sound recordings.

 Computer programs, databases, and other works covered through subsequent amendments.

2. Ownership and Duration of Copyright

o Copyright generally vests in the author or creator of the work, subject to certain exceptions.

o The Act specifies the duration of copyright protection for different categories of works.

3. Rights of Copyright Owners

o Copyright owners enjoy exclusive rights to:

 Reproduce the work.

 Publish, distribute, and communicate the work to the public.

 Perform or adapt the work.

 Translate or license the work.

 Authorise others to exercise these rights.

4. Assignment and Licensing

o Copyright may be assigned or licensed wholly or partly through written agreements.

o The Act lays down the conditions governing assignment and licensing of copyright.

5. Registration of Copyright

o The Act provides for the registration of copyright through the Copyright Office.

o Registration is not mandatory for the existence of copyright but serves as prima facie evidence of ownership.

6. Copyright Infringement

o The Act defines acts constituting copyright infringement.

o It provides civil and criminal remedies, including injunctions, damages, seizure of infringing copies, fines, and imprisonment.

7. Exceptions and Fair Dealing

o The Act permits certain uses of copyrighted works without the owner's permission under the doctrine of fair dealing, including:

 Private or personal use.

 Research and study.

 Criticism or review.

 Reporting of current events.

 Educational and other specified purposes.

8. Copyright Board and Appellate Mechanism

o The Act originally provided for the establishment of the Copyright Board to decide specified disputes.

o Following later amendments, its functions have been transferred to other authorities, including the Commercial Courts and the Intellectual Property Division of the High Courts, as applicable.

Sections

Type to filter. 105 sections.

  1. 1Short title, extent and commencement
  2. 2Interpretation
  3. 3Meaning of publication
  4. 4When work not deemed to be published or performed in public
  5. 5When work deemed to be first published in India
  6. 6Certain disputes to be decided by Commercial Court
  7. 7Nationality of author where the making of unpublished work is extended over considerable period
  8. 8Domicile of Corporations
  9. 9Copyright Office
  10. 10Registrar and Deputy Registrars of Copyrights
  11. 11Omitted
  12. 12Omitted
  13. 13Works in which copyright subsists
  14. 14Meaning of copyright
  15. 15Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000
  16. 16No copyright except as provided in this Act
  17. 17First owner of copyright
  18. 18Assignment of copyright
  19. 19Mode of assignment
  20. 19ADisputes with respect to assignment of copyright
  21. 20Transmission of copyright in manuscript by testamentary disposition
  22. 21Right of author to relinquish copyright
  23. 22Term of copyright in published literary, dramatic, musical and artistic works
  24. 23Term of copyright in anonymous and pseudonymous works
  25. 24Term of copyright in posthumous work
  26. 25[Omitted.]
  27. 26Term of copyright in cinematograph films
  28. 27Term of copyright in sound recording
  29. 28Term of copyright Government works
  30. 28ATerm of copyright in works of public undertakings
  31. 29Term of copyright in works of international organisations
  32. 30Licences by owners of copyright
  33. 30AApplication of sections 19
  34. 31Compulsory licence in works withheld from public
  35. 31ACompulsory licence in unpublished or published works
  36. 31BCompulsory licence for benefit of disabled
  37. 31CStatutory licence for cover versions
  38. 31DStatutory licence for broadcasting of literary and musical works and sound recording
  39. 32Licence to produce and publish translations
  40. 32ALicence to reproduce and publish works for certain purposes
  41. 32BTermination of licences issued under this Chapter
  42. 33Registration of copyright society
  43. 33ATariff Scheme by copyright societies
  44. 34Administration of rights of owner by copyright society
  45. 34A[Omitted.]
  46. 35Control over the copyright society by the author and other owners of right
  47. 36Submission of returns and reports
  48. 36ARights and liabilities of performing rights societies
  49. 37Broadcast reproduction right
  50. 38Performer’s right
  51. 38AExclusive right of performers
  52. 38BMoral rights of the performer
  53. 39Acts not infringing broadcast reproduction right or performer’s right
  54. 39ACertain provisions to apply in case of broadcast reproduction right and performer’s rights
  55. 40Power to extend copyright to foreign works
  56. 40APower of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries
  57. 41Provisions as to works of certain international organisations
  58. 42Power to restrict rights in works of foreign authors first published in India
  59. 42APower to restrict rights of foreign broadcasting organisations and performer’s
  60. 43Orders under this Chapter to be laid before Parliament
  61. 44Register of Copyrights
  62. 45Entries in Register of Copyrights
  63. 46Indexes
  64. 47Form and inspection of register
  65. 48Register of Copyrights to be prima facie evidence of particulars entered therein
  66. 49Correction of entries in the Register of Copyrights
  67. 50Rectification of Register by High Court
  68. 50AEntries in the Register of Copyrights, etc., to be published
  69. 51When copyright infringed
  70. 52Certain acts not to be infringement of copyright
  71. 52AParticulars to be included in sound recording and video Films
  72. 52B[Omitted.]
  73. 53Importation of infringing copies
  74. 53AResale share right in original copies
  75. 54Definition
  76. 55Civil remedies for infringement of copyright
  77. 56Protection of separate rights
  78. 57Author’s special rights
  79. 58Rights of owner against persons possessing or dealing with infringing copies
  80. 59Restriction on remedies in the case of works of architecture
  81. 60Remedy in the case of groundless threat of legal proceedings
  82. 61Owner of copyright to be party to the proceeding
  83. 62Jurisdiction of court over matters arising under this Chapter
  84. 63Offences of infringement of copyright or other rights conferred by this Act
  85. 63AEnhanced penalty on second and subsequent convictions
  86. 63BKnowing use of infringing copy of computer programme to be an offence
  87. 64Power of police to seize infringing copies
  88. 65Possession of plates for purpose of making infringing copies
  89. 65AProtection of technological measures
  90. 65BProtection of Rights Management Information
  91. 66Disposal of infringing copies or plates for purpose of making infringing copies
  92. 67Omitted
  93. 68Omitted
  94. 68APenalty for contravention of section 52A
  95. 69Offences by companies
  96. 70Cognizance of offences
  97. 71Appeals against certain orders of Magistrate
  98. 72Appeals against orders of Registrar of Copyrights
  99. 73Procedure for appeals
  100. 74Registrar of Copyrights and Appellate Board to possess certain powers of civil courts
  101. 75Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree
  102. 76Protection of action taken in good faith
  103. 77Certain persons to be public servants
  104. 78Power to make rules
  105. 79Repeals, savings and transitional provisions

Amending Acts

6 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Copyright (Amendment) Act, 201214 of 2012
  • The Copyright (Amendment) Act, 199914 of 1999
  • The Copyright (Amendment) Act, 199414 of 1994
  • The Appropriation (No. 3) Act, 199214 of 1992
  • The Copyright (Amendment) Act, 198414 of 1984
  • The Copyright (Amendment) Act,198314 of 1983

Rules made under this Act

4 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Copyright (Amendment) Rules, 20162016
  • The Copyright Rules, 20132013
  • The International Copyright Order, 19991999
  • The Copyright Rules, 19581958

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • The Copyright (Amendment) Ordinance, 1991.amended this Act · 1991

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 105 sections of this Act has its own page. This page is not a substitute for legal advice.