[11. Appellate Board.—
(1) The Appellate Board established under section 83 of the Trade Marks
Act, 1999 (47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance
Act, 2017, be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise
the jurisdiction, powers and authority conferred on it by or under this Act.]
12. Powers and procedure of 2[Appellate Board].—
(1) The 2[Appellate Board] shall, subject to any
rules that may be made under this Act, have power to regulate its own procedure, including the fixing of
places and times of its sittings:
1. Subs. by Act 38 of 1994, s. 4, for section 6 (w.e.f. 10-5-1995).
2. Subs. by Act 7 of 2017, s. 160, for “Copyright Board” (w.e.f. 26-5-2017).
3. Subs. by s. 160, ibid., for section 11 (w.e.f. 26-5-2017).
9
Provided that the 1[Appellate Board] shall ordinarily hear any proceeding instituted before it under
this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the
proceeding actually and voluntarily resides or carries on business or personally works for gain.
Explanation.—In this sub-section “zone” means a zone specified in section 15 of the States
Reorganisation Act, 1956 (37 of 1956).
(2) The 1[Appellate Board] may exercise and discharge its powers and functions through Benches
constituted by the Chairman of the 1[Appellate Board] from amongst its 2[members]:
3
[
Provided that , if the Chairman is of opinion that any matter of importance is required to be heard by
a larger bench, he may refer the matter to a special bench consisting of five members.]
4
* * * * *
4
* * * * *
1
(5) No member of the [Appellate Board] shall take part in any proceedings before the Board in
respect of any matter in which he has a personal interest.
(6) No act done or proceeding taken by the 1[Appellate Board] under this Act shall be questioned on
the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
(7) The 1[Appellate Board] shall be deemed to be a civil court for the purposes of 5[sections 345 and
346 of the Code of Criminal Procedure, 1973 (2 of 1974)] and all proceedings before the Board shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code
(45 of 1860).
CHAPTER III
COPYRIGHT
13. Works in which copyright subsists.—
(1) Subject to the provisions of this section and the other
provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to
say,—
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) 6[sound recording].
(2) Copyright shall not subsist in any work specified in sub-section
(1), other than a work to
which the provisions of section 40 or section 41 apply, unless—
(i) in the 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 in a case where the
author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 7[work of architecture], the author is at the
date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 7[work of architecture], the work is located in India.
Explanation.—In the 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.
1. Subs. by Act 7 of 2017, s. 160, for “Copyright Board” (w.e.f. 26-5-2017).
2. Subs. by Act 27 of 2012, s. 4, for “members, each Bench consisting of not less than three members” (w.e.f. 21-6-2012).
3. Ins. by Act 38 of 1994, s. 6 (w.e.f. 10-5-1995).
4. Sub-sections
(3) and
(4) omitted by Act 7 of 2017, s. 160 (w.e.f. 26-5-2017).
5. Subs. by Act 23 of 1983, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”
(w.e.f. 9-8-1984).
6. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
7. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995).
10
(3) Copyright shall not subsist—
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright
in any other work;
(b) in any 1[sound recording] made in respect of a literary, dramatic or musical work, if in making
1
the [sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a record 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
1
[sound recording] is made.
(5) In the case of a 2[work of architecture], copyright shall subsist only in the artistic character and
design and shall not extend to processes or methods of construction.
[14. Meaning of copyright.—For the purposes of this Act, “copyright” means the exclusive right
3
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—
(a) in the case of a literary, dramatic or musical work, not being a computer programme,—
(i) to reproduce the work in any material form including the storing of it in any medium by
electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(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-clauses
(i) to (vi);
(b) in the case of a computer programme:
(i) to do any of the acts specified in clause
(a);
4
[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy
of the computer programmer:
Provided that such commercial rental does not apply in respect of computer programmes
where the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,—
5
[
(i) to reproduce the work in any material form including—
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(d) in the case of a cinematograph film,—
6
[
(i) to make a copy of the film, including—
(A) a photograph of any image forming part thereof; or
1. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
2. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995).
3. Subs. by s. 7, ibid., for section 14 (w.e.f. 10-5-1995).
4. Subs. by Act 49 of 1999, s. 3, for sub-clause (ii) (w.e.f. 15-1-2000).
5. Subs. by Act 27 of 2012, s. 5, for clause
(c) (w.e.f. 21-6-2012).
6. Subs. by s. 5, ibid., for clause
(d) (w.e.f. 21-6-2012).
11
(B) storing of it in any medium by electronic or other means;]
1
[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
film.]
(iii) to communicate the film to the public;
(e) in the case of a sound recording,—
(i) to make any other sound recording embodying it 2[including storing of it in any medium
by electronic or other means];
3
[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
sound recording;]
(iii) to communicate the sound recording to the public.
Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed
to be a copy already in circulation].
15. Special provision regarding Copyright in designs registered or Capable of being registered
under the 4*** 5[Designs Act, 2000 (16 of 2000)].—
(1) Copyright shall not subsist under this Act in any
design which is registered under the 4*** 5[Designs Act, 2000 (16 of 2000)].
(2) Copyright in any design, which is capable of being registered under the 4*** 5[Designs Act, 2000
(16 of 2000)] but which has not been so registered, shall cease as soon as any article to which the design
has been applied has been reproduced more than fifty times by an industrial process by the owner of the
copyright or, with his licence, by any other person.
16. No copyright except as provided in this Act.—No person shall be entitled to copyright or any
similar right in any work, whether published or unpublished, otherwise than under and in accordance with
the provisions of this Act or of any other law for the time being in force, but nothing in this section shall
be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.
CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17. First owner of copyright.—Subject to the provisions of this Act, the author of a work shall be
the first owner of the copyright therein:
Provided that —
(a) in the case of a literary, dramatic or artistic work made by the author in the course of his
employment by the proprietor of a newspaper, magazine or similar periodical under a contract of
service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first
owner of the copyright in the work in so far as the copyright relates to the publication of the work
in any newspaper, magazine or similar periodical, or to the reproduction of the work for the
purpose of its being so published, but in all other respects the author shall be the first owner of the
copyright in the work;
(b) subject to the provisions of clause
(a), in the case of a photograph taken, or a painting or
portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the
instance of any person, such person shall, in the absence of any agreement to the contrary, be the
first owner of the copyright therein;
1. Subs. by Act 27 of 2012, s. 5, for sub-clause (ii) (w.e.f. 21-6-2012).
2. Ins. by s. 5, ibid. (w.e.f. 21-6-2012).
3. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012).
4. The words “Indian Patents and” omitted by Act 23 of 1983, s. 7 (w.e.f. 9-8-1984).
5. Subs. by Act 27 of 2012, s. 6, for “Designs Act, 1911 (2 of 1911)” (w.e.f. 21-6-2012).
12
(c) in the case of a work made in the course of the author’s employment under a contract of
service or apprenticeship, to which clause
(a) or clause
(b) does not apply, the employer shall, in
the absence of any agreement to the contrary, be the first owner of the copyright therein;
1
[(cc) in the case of any address or speech delivered in public, the person who has delivered
such address or speech or if such person has delivered such address or speech on behalf of any
other person, such other person shall be the first owner of the copyright therein notwithstanding
that the person who delivers such address or speech, or, as the case may be, the person on whose
behalf such address or speech is delivered, is employed by any other person who arranges such
address or speech or on whose behalf or premises such address or speech is delivered;]
(d) in the case of a Government work, Government shall, in the absence of any agreement to
the contrary, be the first owner of the copyright therein;
1
[(dd) in the case of a work made or first published by or under the direction or control of any
public undertaking, such public undertaking shall, in the absence of any agreement to the
contrary, be the first owner of the copyright therein.
Explanation.—For the purpose of this clause and section 28A, “public undertaking” means—
(i) an undertaking owned or controlled by Government; or
(ii) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956);
or
(iii) a body corporate established by or under any Central, Provincial or State Act;]
(e) in the case of a work to which the provisions of section 41 apply, the international
organisation concerned shall be the first owner of the copyright therein.
2
[Provided that in case of any work incorporated in a cinematograph work, nothing contained in
clauses
(b) and
(c) shall affect the right of the author in the work referred to in clause
(a) of
sub-section
(1) of section 13.]
18. Assignment of copyright.—
(1) The owner of the copyright in an existing work or the prospective
owner of the copyright in a future work may assign to any person the copyright either wholly or partially
and either generally or subject to limitations and either for the whole term of the copyright or any part
thereof:
Provided that in the case of the assignment of copyright in any future work, the assignment shall take
effect only when the work comes into existence.
3
[Provided further that no such assignment shall be applied to any medium or mode of exploitation of
the work which did not exit or was not in commercial use at the time when the assignment was made,
unless the assignment specifically referred to such medium or mode of exploitation of the work:
Provided also that the author of the literary or musical work included in a cinematograph film shall
not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of
copyright for the utilisation of such work in any form other than for the communication to the public of
the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to
a copyright society for collection and distribution and any agreement to contrary shall be void:
Provided also that the author of the literary or musical work included in the sound recording but not
forming part of any cinematograph film shall not assign or waive the right to receive royalties to be
shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal
heirs of the authors or to a collecting society for collection and distribution and any assignment to the
contrary shall be void.]
(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the
assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be
1. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984).
2. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21-6-202).
3. Ins. by s. 8, ibid. (w.e.f. 21-6-2012).
13
treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have
effect accordingly.
(3) In this section, the expression “assignee” as respects the assignment of the copyright in any future
work includes the legal representatives of the assignee, if the assignee dies before the work comes into
existence.
19. Mode of assignment.—1[
(1)] No assignment of the copyright in any work shall be valid unless it
is in writing signed by the assignor or by his duly authorised agent.
2
[
(2) The assignment of copyright in any work shall identify such work, and shall specify the rights
assigned and the duration and territorial extent of such assignment.
(3) The assignment of copyright in any work shall also specify the amount of 3[royalty and any other
consideration payable], to the author or his legal heirs during the currency of the assignment and the
assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the
parties.
(4) Where the assignee does not exercise the rights assigned to him under any of the other
sub-sections of this section within period of one year from the date of assignment, the assignment in
respect of such right shall be deemed to have lapsed after the expiry of the said period unless otherwise
specified in the assignment.
(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of
assignment.
(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend
within India.
(7) Nothing in sub-section
(2) or sub-section
(3) or sub-section
(4) or sub-section
(5) or
sub-section
(6) shall be applicable to assignments made before the coming into force of the Copyright
(Amendment) Act, 1994].
4
[
(8) The assignment of copyright in any work contrary to the terms and conditions of the rights
already assigned to a copyright society in which the author of the work is a member shall be void.
(9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the
author of the work to claim an equal share of royalties and consideration payable in case of utilisation of
the work in any form other than for the communication to the public of the work, along with the
cinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a sound recording which does not form part
of any cinematograph film shall affect the right of the author of the work to claim an equal share of
royalties and consideration payable for any utilisation of such work in any form.]
5
[19A. Disputes with respect to assignment of copyright.—
(1) If an assignee fails to make
sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission
of the assignor, then, the 6[Appellate Board] may, on receipt of a complaint from the assignor and after
holding such inquiry as it may deem necessary, revoke such assignment.
(2) If any dispute arises with respect to the assignment of any copyright, the 6[Appellate Board] may,
on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers
necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:
Provided that the 6[Appellate Board] shall not pass any order under this sub-section to revoke the
assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor
is also the author:
1. Section 19 re-numbered as sub-section
(1) thereof by Act 23 of 1983, s. 9 (w.e.f. 9-8-1984).
2. Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10-5-1995).
3. Subs. by Act 27 of 2012, s. 9, for “royalty payable” (w.e.f. 21-6-2012).
4. Ins. by s. 9, ibid. (w.e.f. 21-6-2012).
5. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10-5-1995).
6. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
14
1
[Provided further that, pending the disposal of an application for revocation of assignment under this
sub-section, the 2[Appellate Board] may pass such order, as it deems fit regarding implementation of the
terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights
assigned:—
Provided also that,] no order of revocation of assignment under this sub-section, shall be made within
a period of five years from the date of such assignment.]
3
[
(3) Every complaint received under sub-section
(2) shall be dealt with by the 2[Appellate Board] as
far as possible and efforts shall be made to pass the final order in the matter within a period of six months
from the date of receipt of the complaint and any delay in compliance of the same, the 2[Appellate Board]
shall record the reasons thereof.]
20. Transmission of copyright in manuscript by testamentary disposition.—Where under a
bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic
work, and the work was not published before the death of the testator, the bequest shall, unless the
contrary intention is indicated in the testator’s will or any codicil thereto, be construed as including the
copyright in the work in so far as the testator was the owner of the copyright immediately before his
death.
Explanation.—In this section, the expression “manuscript” means the original document embodying
the work, whether written by hand or not.
21. Right of author to relinquish copyright.—
(1) The author of a work may relinquish all or any of
the rights comprised in the copyright in the work by giving notice in the prescribed form to 4[the Registrar
of Copyrights or by way of public notice] and thereupon such rights shall, subject to the provisions of
sub-section
(3), cease to exist from the date of the notice.
(2) On receipt of a notice under sub-section
(1), the Registrar of Copyrights shall cause it to be
published in the Official Gazette and in such other manner as he may deem fit.
5
[(2A) The Registrar of Copyright shall, within fourteen days from the publication of the notice in the
Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the
public domain for a period of not less than three years.]
(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect
any rights subsisting in favour of any person on the date of notice referred to in sub-section
(1).
CHAPTER V
TERM OF COPYRIGHT
22. Term of copyright in published literary, dramatic, musical and artistic works.—Except as
otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work
6
*** published within the lifetime of the author until 7[sixty years] from the beginning of the calendar
year next following the year in which the author dies.
Explanation.—In this section the reference to the author shall, in the case of a work of joint
authorship, be construed as a reference to the author who dies last.
23. Term of copyright in anonymous and pseudonymous works.—
(1) In the case of literary,
dramatic, musical or artistic work (other than a photograph), which is published anonymously or
pseudonymously, copyright shall subsist until 7[sixty years] from the beginning of the calendar year next
following the year in which the work is first published:
Provided that where the identity of the author is disclosed before the expiry of the said period,
copyright shall subsist until 7[sixty years] from the beginning of the calendar year next following the year
in which the author dies.
1. Subs. by Act 27 of 2012, s. 10, for “Provided further that” (w.e.f. 21-6-2012).
2. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
3. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012).
4. Subs. by s. 11, ibid., for “Registrar of Copyright” (w.e.f. 21-6-2012).
5. Ins. by s. 11, ibid. (w.e.f. 21-6-2012).
6. The brackets and words “(other than a photograph)” omitted by Act 27 of 2012, s. 12 (w.e.f. 21-6-2012).
7. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991).
15
(2) In sub-section
(1), references to the author shall, in the case of an anonymous work of joint
authorship, be construed,—
(a) where the identity of one of the authors is disclosed, as references to that author;
(b) where the identity of more authors than one is disclosed, as references to the author who dies
last from amongst such authors.
(3) In sub-section
(1), references to the author shall, in the case of a pseudonyms work of joint
authorship, be construed,—
(a) where the names of one or more (but not all) of the authors are pseudonyms and his or their
identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names
of two or more of the authors are not pseudonyms, as references to such of those authors who dies
last;
(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity
of one or more of them is disclosed, as references to the author who dies last from amongst the
authors whose names are not pseudonyms and the authors whose names are pseudonyms and are
disclosed; and
(c) where the names of all the authors are pseudonyms and the identity of one of them is
disclosed, as references to the author whose identity is disclosed or if the identity of two or more of
such authors is disclosed, as references to such of those authors who dies last.
Explanation.—For the purposes of this section, the identity of an author shall be deemed to have been
disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or
is otherwise established to the satisfaction of the 1[Appellate Board] by that author.
24. Term of copyright in posthumous work.—
(1) In the case of a 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 date of the death of the author who dies last,
but which, or any adaptation of which, has not been published before that date, copyright shall subsist
until 2[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.
(2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such
work shall be deemed to have been published, if it has been performed in public or if any 2[sound
recordings] made in respect of the work have been sold to the public or have been offered for sale to the
public.
25. [Term of copyright in photographs.] Omitted by the Copyright (Amendment) Act, 2012
(27 of 2012), s. 13 (w.e.f. 21-6-2012).
26. Term of copyright in cinematograph films.—In the case of a cinematograph film, copyright
shall subsists until 3[sixty years] from the beginning of the calendar year next following the year in which
the film is published.
27. Term of copyright in sound recording.—In the case a 4[sound recording] copyright shall subsist
until 3[sixty years] from the beginning of the calendar year next following the year in which the 4[sound
recording] is published.
1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
3. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991).
4. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
16
28. Term of copyright Government works.—In the case of Government work, where Government
is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the beginning of
the calendar year next following the year in which the work is first published.
2
[28A. Term of copyright in works of public undertakings.—In the case of a work, where a public
undertaking is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the
beginning of the calendar year next following the year in which the work is first published].
29. Term of copyright in works of international organisations.—In the case of a work of an
international organisation to which the provisions of section 41 apply, copyright shall subsist until 1[sixty
years] from the beginning of the calendar year next following the year in which the work is first
published.
CHAPTER VI
LICENCES
30. Licences by owners of copyright.—The owner of the copyright in any existing work or the
prospective owner of the copyright in any future work may grant any interest in the right by licence in
3
[writing by him] or by his duly authorised agent:
Provided that in the case of a licence relating to copyright in any future work, the licence shall take
effect only when the work comes into existence.
Explanation.—Where a person to whom a licence relating to copyright in any fu
