Indian Copyright Act, 1957

Topics: Literature, Publishing, Royalties Pages: 55 (23045 words) Published: December 25, 2010

CHAPTER I Preliminary [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 date2 as the Central Government may, by notification in the Official 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 by way 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 in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;3 (iv) in relation to a musical work, any arrangement or transcription of the work; 4 and (v) 5 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, or any model for such building or structure; 6 (c) "artistic work" means(i) 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; (ii) work of architecture;7 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 cinematograph8 or sound recording the producer; and (vi) in relation to 9 [any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;]

[(dd) 10 "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 or visual images; or (ii) by wire, and includes a re-broadcast;] (e) "calendar year' means the year commencing on the 1st day of January; (f) 11 "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; (ff) 12 "communication to the public" means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available. Explanation.- For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public; (ffa) 13 "composer', in relation to a musical work, means the person who composes the music regardless of whether he records it in any form of graphical notation; (ffb) 14 "computer" includes any electronic or similar device having information processing capabilities; (ffc) 15 "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...
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