The Copyright Act, 1957

📜 Legislative Overview

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🧠 Overview of Copyright Law in India

Copyright is a vital component of intellectual property rights, safeguarding original literary, dramatic, musical, and artistic creations. In India, the administration of copyright falls under the purview of the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), operating under the Ministry of Commerce and Industry, Government of India.

The foundational legislation governing copyright is the Copyright Act, 1957, which came into effect on June 4, 1957. This comprehensive statute comprises 25 chapters and 79 sections, covering the full spectrum of copyright registration, enforcement, and exceptions.

The Act’s stated purpose is:
“To amend and consolidate the law relating to copyright.”

 📜 Evolution Through Amendments

Since its inception, the Copyright Act has undergone several key amendments to align with technological advancements, international treaties, and evolving stakeholder needs. The Act has been revised in the years:

• 1983
• 1984
• 1992
• 1994
• 1999
• 2012 (most significant)

🔍 Highlights of the 2012 Amendment

The Copyright (Amendment) Act, 2012 introduced transformative changes, particularly to address digital content and international compliance:

• Alignment with WIPO Treaties: Incorporated provisions from the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
• Digital Rights Protection: Introduced penalties for bypassing technological protection measures and tampering with rights management information.
• ISP Liability: Defined responsibilities of internet service providers in cases of copyright infringement.
• Statutory Licensing: Enabled statutory licenses for cover versions and broadcasting organizations.
• Royalty Assurance: Guaranteed royalty rights for authors, composers, and performers.
• Moral and Economic Rights: Strengthened performers’ rights, including moral claims and economic entitlements.
• Accessibility Provisions: Allowed copyright exceptions for persons with disabilities to access copyrighted works.

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📜 Bare Act - Overview

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Table of Contents

CHAPTER I - PRELIMINARY

• Section 1. Short title, extent and commencement
• Section 2. Interpretation
• Section 3. Meaning of publication
• Section 4. When work not deemed to be published or performed in public
• Section 5. When work deemed to be first published in India
• Section 6. Certain disputes to be decided by Commercial Court
• Section 7. Nationality of author where the making of unpublished work is extended over considerable period.
• Section 8. Domicile of corporations.

CHAPTER II - COPYRIGHT OFFICE

• Section 9. Copyright Office
• Section 10. Registrar and Deputy Registrar of Copyrights
• Section 11. Appeallant Board
• Section 12. Powers and procedure of Appellate Board

CHAPTER III - COPYRIGHT

• Section 13. Works in which copyright subsists
• Section 14. Meaning of Copyright
• Section 15. Special provision regarding Copyright in designs registered or capable of being registered under the Designs Act, 2000 (16 of 2000)
• Section 16. No copyright except as provided in this Act

CHAPTER IV - OWNERSHIP OF COPYRIGHT AND RIGHTS OF THE OWNER

• Section 17. First owner of copyright
• Section 18. Assignment of copyright
• Section 19. Mode of assignment
• Section 19A. Disputes with respect to assignment of copyright
• Section 20. Transmission of copyright in manuscript by testamentary disposition
• Section 21. Right of author to relinquish copyright

CHAPTER V - TERM OF COPYRIGHT

• Section 22. Term of copyright in published literary, dramatic, musical and artistic works
• Section 23. Term of copyright in anonymous and pseudonymous works
• Section 24. Term of copyright in posthumous work
• Section 25. Term of copyright in photographs. [Omitted]
• Section 26. Term of copyright in cinematograph films
• Section 27. Term of copyright in sound recording
• Section 28. Term of copyright in Government works
• Section 28A. Term of copyright in works of public undertakings
• Section 29. Term of copyright in works of international organisations

CHAPTER VI - LICENCES

• Section 30. Licences by owners of copyright
• Section 30A. Application of section 19
• Section 31. Compulsory licence in works withheld from public
• Section 31A. Compulsory licence in unpublished or published works
• Section 31B. Compulsory licence for benefit of disabled
• Section 31C. Statutory licence for cover versions
• Section 31D. Statutory licence for broadcasting of literary and musical works and sound recording
• Section 32. Licence to produce and publish translations
• Section 32A. Licence to reproduce and publish works for certain purposes
• Section 32B. Termination of licences issued under this Chapter

CHAPTER VII - COPYRIGHT SOCIETIES

• Section 33. Registration of Copyright society
• Section 33A. Tariff Scheme by copyright societies
• Section 34. Administration of rights of owner by copyright society
• Section 34A. Payment of remunerations by copyright society
• Section 35. Control over the copyright society by the author and other owners of right
• Section 36. Submission of returns and reports
• Section 36A. Rights and liabilities of performing rights societies

CHAPTER VIII - RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS

• Section 37. Broadcast reproduction right
• Section 38. Performer’s right
• Section 38A. Exclusive right of performers
• Section 38B. Moral rights of the performer
• Section 39. Acts not infringing broadcast reproduction right or performer’s right
• Section 39A. Certain provisions to apply in case of broadcast reproduction right and performer’s rights

CHAPTER IX - INTERNATIONAL COPYRIGHT

• Section 40. Power to extend copyright to foreign works
• Section 40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries
• Section 41. Provisions as to works of certain international organisations
• Section 42. Power to restrict rights in works of foreign authors first published in India
• Section 42A. Power to restrict rights of foreign broadcasting organisations and performers
• Section 43. Orders under this Chapter to be laid before Parliament

CHAPTER X - REGISTRATION OF COPYRIGHT

• Section 44. Register of Copyrights
• Section 45. Entries in Register of Copyrights
• Section 46. Indexes
• Section 47. Form and inspection of register
• Section 48. Register of Copyrights to be prima facie evidence of particulars entered therein
• Section 49. Correction of entries in the Register of Copyrights
• Section 50. Rectification of Register by High Court
• Section 50A. Entries in the Register of Copyrights, etc., to be published

CHAPTER XI - INFRINGEMENT OF COPYRIGHT

• Section 51. When copyright infringed
• Section 52. Certain acts not to be infringement of copyright
• Section 52A. Particulars to be included in sound recording and video films
• Section 52B. Accounts and audit. [Omitted]
• Section 53. Importation of infringing copies
• Section 53A. Resale share right in original copies

CHAPTER XII - CIVIL REMEDIES

• Section 54. Definition.
• Section 55. Civil remedies for infringement of copyright
• Section 56. Protection of separate rights
• Section 57. Author’s special rights
• Section 58. Rights of owner against persons possessing or dealing with infringing copies
• Section 59. Restriction on remedies in the case of works of architecture
• Section 60. Remedy in the case of groundless threat of legal proceedings
• Section 61. Owner of copyright to be party to the proceeding
• Section 62. Jurisdiction of court over matters arising under this Chapter

CHAPTER XIII - OFFENCES

• Section 63. Offence of infringement of copyright or other rights conferred by this Act
• Section 63A. Enhanced penalty on second and subsequent convictions
• Section 63B. Knowing use of infringing copy of computer programme to be an offence
• Section 64. Power of police to seize infringing copies
• Section 65. Possession of plates for purpose of making infringing copies
• Section 65A. Protection of technological measures
• Section 65B. Protection of Rights Management Information
• Section 66. Disposal of infringing copies or plates for purpose of making infringing copies
• Section 67. Penalty for making false entries in register, etc., for producing or tendering false entries
• Section 68. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer
• Section 68A. Penalty for contravention of section 52A
• Section 69. Offences by companies
• Section 70. Cognizance of offences

CHAPTER XIV - APPEALS

• Section 71. Appeals against certain orders of Magistrate
• Section 72. Appeals against orders of Registrar of Copyrights
• Section 73. Procedure for appeals

CHAPTER XV - MISCELLANEOUS

• Section 74. Registrar of Copyrights to possess certain powers of civil courts
• Section 75. Orders for payment of money passed by Registrar of Copyrights to be executable as a decree
• Section 76. Protection of action taken in good faith
• Section 77. Certain persons to be public servants
• Section 78. Power to make rules
• Section 79. Repeals, savings and transitional provisions

Keywords#

Copyright Act, Chapter, Index, Section, List.