[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 future work is granted
under this section dies before the work comes into existence, his legal representatives shall, in the absence
of any provision to the contrary in the licence, be entitled to the benefit of the licence.
4
[30A. Application of 5[section 19].—The provisions of sections 19 and 19A shall, with any
necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in
relation to assignment of copyright in a work.]
31. Compulsory licence in works withheld from public.—
(1) If at any time during the term of
copyright in 6[any work] which has been published or performed in public, a complaint is made to the
7
[Appellate Board] that the owner of copyright in the work—
(a) has refused to republish or allow the republication of the work or has refused to allow the
performance in public of the work, and by reason of such refusal the work is withheld from the
public; or
(b) has refused to allow communication to the public by 8[broadcast] of such work or in the case
of a 9[sound recording] the work recorded in such 9[sound recording], on terms which the
complainant considers reasonable,
7
the [Appellate Board], after giving to the owner of the copyright in the work a reasonable opportunity of
being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the
grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant
a licence to republish the work, perform the work in public or communicate the work to the public by
8
[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation
and subject to such other terms and conditions as the 7[Appellate Board] may determine; and thereupon
the Registrar of Copyrights shall grant the 10[licence to such person or persons who, in the opinion of the
6
[Appellate Board], is or are qualified to do so] in accordance with the directions of the 7[Appellate
Board], on payment of such fee as may be prescribed.
1. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991).
2. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1984).
3. Subs. by Act 27 of 2012, s. 14, for “writing signed by him” (w.e.f. 21-6-2012).
4. Ins. by Act 38 of 1994, s. 10 (w.e.f. 10-5-1995).
5. Subs. by Act 27 of 2012, s. 15, for “section 19 and 19A” (w.e.f. 21-6-2012).
6. Subs. by s. 16, ibid., for “any Indian work” (w.e.f. 21-6-2012).
7. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
8. Subs. by Act 23 of 1994, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984).
9. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
10. Subs. by Act 27 of 2012, s. 16, for “licence to the complainant” (w.e.f. 21-6-2012).
17
1
* * * * *.
2
* * * * *.
3
[31A. Compulsory licence in unpublished 4[or published works].—5[
(1) Where, in the case of any
unpublished work or any work published or communicated to the public and the work is withheld from
the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in
such work cannot be found, any person may apply to the 6[Appellate Board] for a licence to publish or
communicate to the public such work or a translation thereof in any language.]
(2) Before making an application under sub-section
(1), the applicant shall publish his proposal in one
issue of a daily newspaper in the English language having circulation in the major part of the country and
where the application is for the publication of a translation in any language, also in one issue of any daily
newspaper in that language.
(3) Every such application shall be made in such form as may be prescribed and shall be accompanied
with a copy of the advertisement issued under sub-section
(2) and such fee as may be prescribed.
(4) Where an application is made to the 6[Appellate Board] under this section, it may after holding
such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to
publish the work or a translation thereof in the language mentioned in the application subject to the
payment of such royalty and subject to such other terms and conditions as the 6[Appellate Board] may
determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance
with the direction of the 6[Appellate Board].
(5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the
applicant to deposit the amount of the royalty determined by the 6[Appellate Board] in the public account
of India or in any other account specified by the 6[Appellate Board] so as to enable the owner of the
copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at
any time.
(6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in
sub-section
(1), if the original author is dead, the Central Government may, if it considers that the
publication of the work is desirable in the national interest, require the heirs, executors or legal
representatives of the author to publish such work within such period as may be specified by it.
(7) Where any work is not published within the period specified by the Central Government under
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