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FOR THE PURPOSE OF THIS ACT, "COPYRIGHT"
MEANS THE EXCLUSIVE RIGHT SUBJECT
TO THE PROVISIONS OF THIS ACT TO
DO OR AUTHORISE THE DOING OF ANY
OF THE FOLLOWING ACTS IN RESPECT OF
A WORK OR ANY SUBSTANTIAL PART THEREOF,
NAMELY :-
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| A. |
IN
CASE OF LITERARY, DRAMATIC OR
MUSICAL WORK, NOT BEING A COMPUTER
PROGRAMME- |
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I. TO
REPRODUCE THE WORK IN ANY MATERIAL
FORM INCLUDING THE STORING OF
IN ANY MEDIUM OF ELECTRONIC MEANS; |
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II. TO
ISSUE COPIES OF THE WORK TO
THE PUBLIC AND NOT BEING COPIES
ALREADY IN CIRCULATION; |
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III. TO
PERFORM THE WORK IN PUBLIC, OR
COMMUNICATE IT TO THE PUBLIC; |
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IV. TO
MAKE ANY CINEMATOGRAPH FILM OR
SOUND RECORDING IN RESPECT OF
THE WORK; |
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V.
TO MAKE ANY TRANSLATION OF THE
WORK; |
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VI. TO
MAKE ANY ADAPTATION OF THE WORK; |
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VII. TO
DO, IN RELATION TO A TRANSLATION
OR AN ADAPTATION OF THE WORK,
ANY OF THE ACTS SPECIFIED IN
RELATION TO THE WORK IN
SUB-CLAUSE (I) TO (IV); |
| B. |
IN
THE CASE OF A COMPUTER PROGRAMME- |
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I. TO
DO ANY OF THE ACTS SPECIFIED
IN CLAUSE (A); |
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II. TO
SELL OR GIVE ON COMMERCIAL
RENTAL OR OFFER FOR SALE OR
FOR COMMERCIAL RENTAL ANY COPY OF
THE COMPUTER PROGRAMME: |
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III. PROVIDED
THAT SUCH COMMERCIAL RENTAL DOSE
NOT APPLY IN RESPECT OF COMPUTER
PROGRAMMES WHERE THE COMPUTER ITSELF
IS NOT THE ESSENTIAL OBJECT OF
THE RENTAL. |
| C. |
IN CASE
OF THE ARTISTIC WORK- |
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I.
TO REPRODUCE 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; |
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II. TO COMMUNICATE THE
WORK TO THE PUBLIC; |
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III. TO
ISSUE COPIES OF THE WORK TO
THE PUBLIC NOT BEING COPIES
ALREADY IN CIRCULATION; |
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IV. TO INCLUDE THE
WORK IN ANY CINEMATOGRAPH FILM; |
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V. TO MAKE ANY
ADAPTATION OF THE WORK; |
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VI. TO
DO IN RELATION TO AN ADAPTATION
OF THE WORK ANY OF THE
ACTS SPECIFIED IN RELATION TO THE
WORK IN SUB-CLAUSES (I) TO
(IV); |
| D. |
IN CASE
OF CINEMATOGRAPH FILM- |
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I. TO
MAKE A COPY OF THE FILM,
INCLUDING A PHOTOGRAPH OF AN
IMAGE FORMING PART THEREOF; |
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II. TO
SELL OR GIVE ON HIRE OR
OFFER FOR SALE OR HIRE, ANY
COPY OF THE FILM, REGARDLESS OF
WHETHER SUCH COPY HAS BEEN SOLD
OR GIVEN ON HIRE ON EARLIER
OCCASIONS; |
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III. TO COMMUNICATE
THE FILM TO THE PUBLIC; |
| E. |
IN CASE
OF SOUND RECORDING- |
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I. TO MAKE ANY
OTHER SOUND RECORDING EMBODYING IT; |
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II. TO
SELL OR GIVE ON HIRE, OR
OFFER FOR SALE OR HIRE ANY
COPY OF THE SOUND RECORDING
REGARDLESS OF WHETHER SUCH COPY
HAS BEEN SOLD OR GIVEN ON
HIRE ON EARLIER OCCASIONS; |
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III. TO COMMUNICATE
THE SOUND RECORDING TO THE PUBLIC. |
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| 1. |
SUBJECT TO
THE PROVISIONS OF THIS SECTION
AND THE PROVISIONS OF THIS
ACT, COPYRIGHT SHALL SUBSIST THROUGHOUT
INDIA IN THE FOLLOWING
CLASSES OF WORKS, THAT IS TO
SAY,- |
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A. ORIGINAL LITERARY, DRAMATIC,
MUSICAL AND ARTISTIC WORKS; |
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B. CINEMATOGRAPH FILMS; AND |
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C. SOUND RECORDING. |
| 2 |
COPYRIGHT SHALL
NOT SUBSIST IN ANY WORK
SPECIFIED IN SUBSECTION (1), OTHER
THAN A WORK TO WHICH THE
PROVISIONS OF SECTION 40 OR
SECTION 41 APPLY, UNLESS,- |
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I. IN
CASE OF A PUBLISHED WORK,
THE WORK IS FIRST PUBLISHED
IN INDIA, OR WHERE THE WORK
IS FIRST PUBLISHED OUTSIDE
INDIA, THE AUTHOR IS AT
THE DATE OF SUCH PUBLICATION,
OR ON A CASE WHERE THE
AUTHOR WAS DEAD AT THAT DATE,
WAS AT THE TIME OF HIS
DEATH, A CITIZEN OF INDIA; |
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II. IN
THE CASE OF AN UNPUBLISHED
WORK OTHER THAN A WORK OF
ARCHITECTURE, THE AUTHOR IS AT
THE DATE OF THE MAKING
OF THE WORK A CITIZEN
OF INDIA OR DOMICILED IN
INDIA; ANDS |
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III. IN
THE CASE OF A WORK OF
ARCHITECTURE, THE WORK IS LOCATED
IN INDIA. |
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IN CASE
OF A WORK OF JOINT AUTHORSHIP,
THE CONDITIONS CONFERRING COPYRIGHT
SPECIFIED IN THIS SUB -SECTION SHALL
BE SATISFIED BY ALL THE
AUTHORS OF THE WORK. |
| 3. |
COPYRIGHT SHALL NOT SUBSIST- |
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A. IN
ANY CINEMATOGRAPH FILM IF A
SUBSTANTIAL PART OF THE FILM
IS AN INFRINGEMENT OF THE COPYRIGHT
IN ANY OTHER WORK; |
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B. IN
ANY SOUND RECORDING MADE IN
RESPECT OF A LITERARY, DRAMATIC
OR MUSICAL WORK, IF IN MAKING
THE SOUND RECORDING, COPYRIGHT
IN SUCH WORK HAS BEEN INFRINGED. |
| 4. |
THE COPYRIGHT
IN A CINEMATOGRAPH FILM OR
A SOUND RECORDING SHALL NOT
AFFECT THE SEPARATE COPYRIGHT
IN ANY WORK IN RESPECT
OF WHICH OR A SUBSTANTIAL PART
OF WHICH, THE FILM, OR,
AS THE CASE MAY BE, THE
SOUND RECORDING IS MADE. |
| 5. |
IN CASE
OF A WORK OF ARCHITECTURE,
COPYRIGHT SHALL SUBSIST ONLY
IN THE ARTISTIC CHARACTER AND
DESIGN AND SHALL NOT EXTEND
TO THE PROCESSES OR METHODS OF
CONSTRUCTION. |
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| 1. |
FULL NAME, ADDRESS AND
NATIONALITY OF APPLICANT(S) AND
THAT OF AUTHOR. |
| 2. |
THE YEAR AND COUNTRY
OF FIRST PUBLICATION OF THE
WORK. |
| 3. |
LIST OF COUNTRIES WHERE
THE WORK HAS BEEN PUBLISHED
AND THE YEAR OF PUBLICATION. |
| 4. |
THE YEAR AND COUNTRY
OF LAST PUBLICATION. |
| 5. |
SIX COPIES OF THE WORK. |
| 6. |
POWER OF ATTORNEY. |
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IN CASE OF LABELS WHICH
CAN BE USED AS TRADEMARK, FIRST
OF ALL THE CLEAR COPYRIGHT SEARCH
CERTIFICATE HAS TO BE RECEIVED FROM
THE TRADEMARK OFFICE AND ONLY THEREAFTER
APPLICATION FOR COPYRIGHT CAN BE FILED
IN THE COPYRIGHT OFFICE. |
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NOT REQUIRED |
| 1. |
EXPECT
OR OTHERWISE HERE -IN-
AFTER PROVIDED,
COPYRIGHT SHALL SUBSIST
IN ANY LITERARY, DRAMATIC, MUSICAL
OR ARTISTIC WORK (OTHER THAN
PHOTOGRAPH) PUBLISHED WITHIN THE
LIFETIME OF THE AUTHOR UNTIL
SIXTY YEARS
FROM THE BEGINNING OF THE CALENDAR
NEXT YEAR FOLLOWING THE YEAR
IN WHICH THE AUTHOR
DIES. |
| 2. |
IN
POSTHUMOUS WORK, IN THE
CASE OF LITERARY, DRAMATIC
OR MUSICAL WORK OR AN ENGRAVING,
IN WHICH COPYRIGHT SUBSISTS
AT THE DATE OF THE DEATH OF
THE AUTHOR OR, IN THE CASE
OF ANY SUCH WORK OF JOINT AUTHORSHIP,
AT OR IMMEDIATELY BEFORE THE
DEATH OF THE AUTHOR WHO
DIES LAST, BUT WHICH, OR
ANY ADAPTATION OF WHICH,
HAS NOT BEEN PUBLISHED
BEFORE THAT DATE,
COPYRIGHT WILL SUBSIST UNTIL
SIXTY YEARS
FROM THE BEGINNING
OF THE CALENDAR YEAR NEXT
FOLLOWING THE YEAR IN
WHICH THE WORK IS FIRST PUBLISHED
OR, WHERE AN ADAPTATION OF
THE WORK IS
PUBLISHED IN ANY
EARLIER YEAR, FROM THE
BEGINNING OF THE CALENDAR
YEAR NEXT FOLLOWING THAT
YEAR. |
| 3. |
IN
CASE OF ANONYMOUS AND PSEUDONYMOUS
WORKS, PHOTOGRAPHS, CINEMATOGRAPH
FILMS, SOUND RECORDING, GOVERNMENT
WORKS, PUBLIC
UNDERTAKINGS AND
INTERNATIONAL ORGANISATIONS, COPYRIGHT
SHALL SUBSIST UNTIL
SIXTY YEARS
FROM THE BEGINNING OF THE
CALENDAR YEAR NEXT FOLLOWING THE YEAR
IN WHICH THE WORK, PHOTOGRAPH,
CINEMATOGRAPH FILM IS PUBLISHED.
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