The Copy Right 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:-

CHAPTER I PRELIMINARY
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 date as the Central Government may, by notification in the
Official Gazette, appoint.

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Section 7 Nationality of author where the making of unpublished work is extended over considerable period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 Registrars of Copyrights

Section 11. [Appellate Board].--Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 10 (w.e.f. 4-4-2021).

Section 12. [Powers and procedure of Appellate Board]. Omitted by s. 10, ibid. (w.e.f. 4-4-2021).

 

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

Section 16 No copyright except as provided in this Act

 

CHAPTER IV OWNERSHIP OF COPYRIGHT AND THE 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

25. [Omitted.].

Section 26 Term of copyright in cinematograph films

Section 27 Term of copyright in sound recording

Section 28 Term of copyright 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 sections 19

Section 31 Compulsory licence in works withheld from public

Section 31A Compulsory licence in unpublished or published

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 35 Control over the copyright society by the author and other owners of rights

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 Performers right

Section 38A Exclusive right of performers

Section 38B Moral rights of the performer

Section 39 Acts not infringing broadcast reproduction right or performers right

Section 39A Certain provisions to apply in case of broadcast reproduction right and performers

 

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 records and video Films

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 Offences 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 and Appellate Board to possess certain powers of civil courts

Section 75 Orders for payment of money passed by Registrar of Copyrights and Appellate Board 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