REGISTERED NO. DL-33004/94 The Gazette of India EXTRAORDINARY
PART II~Section 1 PUBLISHED BY AUTHORITY No. 54] NEW DELHI, THURSDAY, JUNE 9,1994/ JYAISTHA 19, 1916 Separate paging is given to this Port in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 9th June, 1994/Jyaistha 19, 1916 (Saka) The following Act of Parliament received the assent of the President on the 9th June, 1994, and is hereby published for general information: — THE COPYRIGHT (AMENDMENT) ACT, 1994 No. 38 OF 1994 [9th June, 1991 ] An Act further to amend the Copyright Act, 1957 BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
1. (i) This Act may be called the Copyright (Amendment) Act, 1994.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Short title and commencement.
14 of 1957. 2. In section 2 of the Copyright Act, 1957 (hereinafter referred to as the Princippal Act),—
(i) in clause (a),—•
(a) in sub-clause (iii), the word "and", occuring at the end, shall be omitted;
(b) in sub-clause (iv), the word "and" shall be inserted at the end;
Amend, ment of section 2 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART l i - fe) after sub-clause (tv) as so amended, the following sub-clause shall be inserted, namely:— "(v) in relation to any work, any use of such work involving its re-arrangement or alteration;";
(//) in clause (b) and in all other provisions of the principal Act, for the words "architectural work of art", wherever they occur, the words "work of architecture" shall be substituted;
(HI) in clause (d), for sub-clauses (v) and (v/), the following sub-clauses shall be substituted, namely:— "(v) in relation to a ciuematograph film or sound recording, the producer; and
(vl) in relation to any literary, dramatic, musical or artistic work whi;
is computer-generated, the person who causes the work to be created;"
(/v) for clause (/), the following clause shall be substituted, namely:—.
' ( / ) "cinematograph film" means any work of visual recording on any medium produced through a process from which a moviug 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;';
(v) for clause (ff), the following clauses shall be substituted, namely:— 'iff) "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 bo communication to the public;
(ffa) "composer", in relation to a musical work, means the person who composes the music regardless of whether he records it in j:iy form of graphical notation;
(ffb) "computer" includes any electronic CT similar device havin g information processing capabilities;
(f/c) "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 particular result;
(ffd) "copyright society" means a society registered under sub-section (?) of section 33;';
(vi) for^clause (m), tho following clause shall be substituted, namely:— 4(f») "infringing copy" means,— SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (0 in relation to a liteiary, dramatic, musical or artistic work, a reproduction thereof otherwise than in Iho form of a cinematographic film;
(H) in relation to a cinematographic film, a copy of the film made on any medium by any means;
(Hi) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, tho sound recording or a cinematographic film of such programme or peiforinance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;';
(vi'i) for clause (o), the following clause shall be subjtituted, namely:— '(o) "literary work" include) computer programmes', tables and compilations including computer data basis;';
{viii) for clause (p), the following clause shall be substituted, namely:— '(/?) "musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;';
(ix) for clause (q), the following clause sball be substituted, namely:^ '(?) "performance", in lelation to performer's right, means any visual or acoustic presentation made live by one or more performers;';
(x) after clause (q), the following clause shall be inserted, namely:— \qq) "performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes, a performance;';
(xi) clause (r) shall be omitted;
(xii) in clause (f) and in all other provisions of the principal Act, for the word "record", wherever it occurs, the words "sound recording" shall be substituted;
(xiii) after clause («), the following clause shall be inserted, namely:—.
\uu) "producer", in relation to a cinematograph film or sound recording , means a person who takes the initiative and responsibility for making the work;';
(xiv) clause (w) shall be omitted;
(xv) for clause (.*), the following clauses shall be substituted, namely:— '(x) "reprography" means the making of copies of a work, by photocopying or similai means;
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(xx) "sound recording" means a recording of sounds from which such sounds may be produced regardless of the m«dium on which such recording is made or the method by which the sounds are produced.'.
Substitution of mew section for 6&ction 3.
3. For section 3 of the principal Act, the following section shall be substituted, namely: — Meaning of publication.
'3. For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public.'.
Substitution of new section for section 6.
4. For section 6 of the principal Act, the following section shall be substituted, namely:—• Certain disputes tjbe decided by Copyright Board.
'6. If any question arises,—
(a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or
(b) whether the term of copyright for any work is shorter in any other country than that provided in iespect of that work under this Act, it shall be referred to the Copyright Board constituted under section 11 whose decision thereon shall be final:
Provided that if in the opinion of the Copyright Board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature it shall not be deemed to be publication for the purposes of that section.'.
Amendment of sections, 11,
5. In section 11 of the principal Act,—
(a) in sub-section (/), for the word "eight", the word "fourteen" shall be substituted;
(b) in sub-section (j), the words "the Supreme Court or" shall be omitted.
Amendment o{ section
12.
6. In section 12 of the principal Act,—
(a) after sub-section (2), the following proviso shall be inserted, namely:— "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.";
Cb) in sub-section (3),% for the proviso, the following proviso shah1 be substituted, namely:— "Provided that where there is no such majority, the opinion of the Chairman shall prevail.";
(c) in sub-section (4), for the words "The Copyright Board", the words "The Chairman" shall be substituted.
SEP. 11 THE GAZETTE Of INDIA EXTRAORDINARY 5
7. For becUon 14 of the principal Act, the following section shall be subtituted, namely.— Substitution ot new section for section
14.
'14. For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of tho following acts in respect ot a work or any substantial part thereof, namely:—
(a) in the case of a literary, dramatic or musical work, not being a computer programme,- • (0 to reproduce the work in any material form including the storing of it in any medium by electronic means;
(H) to issue copies of the work to the public not being cwpies already in circulation;
(HI) to perform the work m public, or communicate it to tho public;
(iv) to make any uuernatograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of tho 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 subclauses (0 to (vi);
(b) in the case of a computer programme,—
(f) to do any of the acts specified in clause (a);
(H) to sell or give on hire, or offer for sale or hire any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasions;
(c) in the case of an artistic work,—
(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;
(H) to communicate the work to the public;
(i;"0 to issue copies of tho work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(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 the case of a cinematograph film,— (0 to make a copy of the film, including a photograph of any image forming part thereof;
(H) 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;
(///) to communicate* the film to the public;
(e) in the case of a sound recording,—
(i) to make any other sound recording embodying it;
Meaning of copyright.
6 THE GA2F1TE OF INDIA EXTRAORDINARY [PART IT— (H) 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;
(in) 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.'.
Amendment of section
19.
8. In section 19 of the principal Act, for sub-section (2), the following subsection shall be substituted, namely - - "(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.
(5) The assignment of copyright in any work shall also specify the amount of royalty payable, if any, 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 a period of one year from the date of assignment, the assignment in respect of such rights 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 Jndia.
(7) Nothing in sub-section (2) or sub-section (5) 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.".
Substitution of new section for section
19A.
9. For section 19A of the principal Act, the following section shall be substituted, namely:— Disputes •with respect to assignment of copyright "19A. (j) 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 Copyright 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 Copyright 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 Copyright 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:
Provided further that no order of revocation of assignment under this sub-section, shall be made within a period of live years from the date of such assignment.".
SEC. 1] 'HIE GAZETTE OF INDJA EX1RA0RD1NARY 7
10. After section 30 of the principal Act, the following section shall be inserted, namely:— Insertion of new section
30A.
"30A. Tho provisions of sections 19 and 19A shall, with any necessary adaptations and modification!,, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.1'.
Application of sections 19 and
19A.
11. For Chapter VII of the principal Act, the following Chapter shall be substituted, namely:— Substitution of new Chapter for Chap, ter VII.
"CHAPTER VII COPYRIGHT SOCIFTIFS
33. (!) No person or association of persons shall, after coming into force of tho Copyright (Amendment) Act, 1994 commence or, carry on tho business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3):
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of tho registered copyright society:
Provided further that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 shall bo deemed to bo a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year from tho date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons1 who fulfils such conditions as may be prescribed may apply for permission to do tho business specified in sub-section
(j) to the Registrar of Copyrights who shall submit the application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may bo prescribed:
Provided that the Central Government shall not ordinarily rrgister more than one copyright society to do business in respect of the same class of works.
(4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned, cancel the registration of such society after such inquiry as may be prescribed.
(5) If the Central Govornmcnt is of tho opinion that in the interest of the owners of rights concerned, it is necessary so to do, it may, by order, suspend the registration of such society pending inquiry for auch period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of the copyright so cicty.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Administration of rights of trwncr by copyright society, 34, (j) Subject to such conditions as may be prescribed,—
(a) a copyright society may accept from an owner of rights exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and
(b) an owner of rights shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.
(2) Tt shall be compotont for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation t
Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works.
(3) Subject to such conditions as may be prescribed, a copyright society may—
(i) issue licences under soction 30 in respect of any rights under this Act;
(H) collect fees in pursuance of such licences.;
(///) distribute such fees among owners of rights after making deductions for its own expenses;
(iv) perform any other functions consistent with the provisions of section 35.
Payment of remuncrntions hy copyright society.
34A, (1) Tf the Central Government is of tho opinion that a copyright socioty for a class of work is generally administering tho rights of the owners of rights in such work throughout India, it shall appoint that socioty for the purposes of this section.
(2) Tho copyright society shall, subject to such rules as may be made in this behalf, frame a scheme for determining the quantum of remuneration payable to individual copyright owners having regard to the number of copies of the work in circulation:
Provided that such scheme shall restrict payment to the owners of rights whose works have attained a level of circulation which the copyright society considers reasonable Control over thn copyright society by the cwnerof rights.
35. (1) Every copyright society shall be subject to the collective control of the owners of rights under this Act whose rights it administers (not being owners of rights under this Act administered by a foreign society or organisation referred to in sub-section (2) of soction (34) and shall, in such manner as may bo prescribed,—
(a) obtain the approval of such owners of rights for its procedures of collection and distribution of fees;
(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to tho owner of rights; and
(c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.
(2) All fees distributed among the owners of rights shall, as far as may be, be distributed in proportion to the actual use of their works.
Submiss ion of return* and reports.
36. (1) Every copyright society shall submit to the Registrar of Copyrights such returns as may be prescribed.
(2) Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records ol SEC. i j fHE GAZE1TL Ol' INDIA E,\l INORDINARY ^ any copyright society ior the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions ojf this Act.
36A. Nothing in this Chaptei shall affect any rights or liabilities in any work in connection with a performing rights society which had accrued or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act, 1994, or .any legal proceedings in respect of any such rights or liabilities pending on that day.".
Rights and liabilities of performing rights societies.
JL#. Ip Chapter VIII of the principal Act, for the heading "HIOHTS QF BROADCASTING AUTHOMTiES", the heading "RIGHTS OF BROADCAST- ING ORGANISATION AND OP PERFORMERS" shall be substituted.
Amendment of Chapter vm.
13. For section 37 of the principal Act, the following section shall be •ubstituted, namely: — Substitution of new section for section
37.
'37. (V) .Every broadcasting organisation shall have a special ftgjlt lo be known as "broadcast reproduction right'' in respect of Its broadcasts.
(2) The broadcast reproduction right shall subsist until twentyfive years from the beginning of the calendar year next following the year in which the broadcast is made.
Broad* cast reproduction right.
{3) During the continuance of a broadcast reproduction right in relation to an^ broadest, any person who without ihe licence of the owner of ihe right does any of the following acts of the broadcast or any substantial part thereof,—
(a) re-broadcasts I'u; broadcast; <»i
(b) causes 'he limadi'dbt Lo be luat'd m ,seen by the public on payment of any charges; or
(c) makes any sound recording or visual recording of thfc broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it ww« licensed, foi- any purpose not envisaged by such licence; or
(e) sells or hires to the publicj or offers for such sale or hire, any such sound recording or visual recording referred to in clause O> or clause (1) 10 l h l t GAZED 1- Of' 1NI>U t X l BtAOkDlKAiftY [PART 11— shall, subject, to tlio provisions of section 30, be deemed to have infringed the broadcast reproduction right.'.
Substitution of new •eettoij for lection
38.
14. For section 3ti of the principal Act, the following section BhaJl be substituted, namely: — Perrfartntt'i ri^ht.
'38. (i) Whele <±ny periormer appears or engage* in any pwv lormance, he shall have a special right t o be known as the "performer's right" in relation to such performance,
(2) The performers light shall subsist until twenty-ftve years from the beginning ol the calendar year next following th« year in which the performance is made.
(3) During the continuance of a performer's right in relation to any performance, any person who, without the consent of the performer, does any of the following acts in respect of the performance or any substantial part thereof, namely: —
(a) makes a sound recording or visual recording of the performance; or
(b) repioducca a bound recording or visual recording of the perfouuance, which sound recording or visual recording was—
(i) made withom (he performer's consent; or (H) made lor purposes different from those for which Lhc performer gave his consent; or Oi?) made lor purposes different from those referred to in section '39 from a sound lecording or visual recording' which was niude ni accordance wiih section 39; or
(c) broadcasts die performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance wi<h section 39, or is a re-broadcast by ihe same broadcasting" organisation of an earlier bioadrast which did nut inJ'nn#p fhc performer's right; oV
(a) cunniunicatet. tin1 performance to (he public otherwise 'haii b> bioad^abi. except where such communication to the public is made from a sound recording or a visual recording or a broadcast, shall, subjuci to llio provisions of section 3D. be deemed to hwvc jufYiiif.ert 1 he purf""nncjr\s imhi [4) Once a performer iiaa consented to the incorporation of his performance in a cinematograph film, 'the provisions of subsections (1), (2) and (3) shall have no further application fo such performance.'.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
15. For section 39 of ihe principal Act rhi> following sections shall fje substituted, namely, - Subrtitutionof newt' aectionc, fox leeffon IV.
"39. No broadcast reproduction righi or performer's right shall be deemed to be infringed by—
(a) ihe making of any sound iecording or visual recording for ihe private use o[ Mie person making such iwording, or solely for purposes of \>o)iu /ii/e leoi'hinft or research; or
(b) the use, consistent with fair dealing, of excerpts of n performance or of a broadcast in the reporting of current events or for bona fide review, leaching ni' research; or
(f) such oiher acts, with any necessary adaptations and modifications, which do nm conMiuue infringement of copyright under section 52.
Acts not infringing broadcast reproduction iljihtor performer's right.
39A. Sections 18, 19, 30, 53, 55, 58; 64; fi5 and CR shall, with any necessary adaptations and modiflcaiions, apply in relation to the broadcast reproduction righi in any 1 broadcast and the perlormer's right in any performance ns they apply in relation to copyright in a work:
Provided thai where copyright or performer's right subsists in respect of any worL oi performance1 tint has been broadcasl, no licence to reproduce such broadcast shall lake effect without the consent of the owner of rights or performer, aq the- case may be. or both of them."
Dth« stons applying to broad, cart reproduction ritfrt End performer's right 16 Tii spcTion 51 oT the- pr inc ipal Act -
(7) in clause («), for <iub-i.'lauH.ij (u), the following subclause shall be substituted narnph'1 - " (h) permits Tor profit any place lo bo used for ihp communication of the work to the public where such communication constitutes an infrinf?emeni of thr copyright in the work, unless he was noi nwaro and had no reasonable ground for believing that such communication tn the public would be an Infringement nf oopvripht, nr";
("*) for the proviso, rhr> following' proviso ^hnll bo substituted namely:
"Provided that nothing in sub-clause (iv) shall applv to the import of one copv of anv v/ork for ihe private and, domestic ljsft of the importer " Amendment oi stetion
51.
1 2 ™ E GAZETTE OF INDIA EXTRAORBBMARY [PART B— section
52..
17. In section 52 of the principal Act, i n sub-section (2), — (/) in clause (a),—
(i) after the words "artistic work", the words ", not being a computer programme," shall be inserted;
(H) for sub-clause (i), the following sub-clause shall be substituted, namely: — "(i) private use, including research;";
(2) affer clause (a), the following clause shall be inserted, namely:— "(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of sttch computer programme, from such copy—
(i) in order to utilise he computer programme for the purpose for which it was s applied; or (H) io make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;";
(3) in clause (i), the words "or the communication to gueh an audience of a cinematograph film or sound recording" shall- be inserted at the end;
(4) for clause (j) and (k), the following clauses shall be substituted, namely: — "(j) the making of sound recordings in respect of any literary, dramatic or musical work, if—
(j) sound recordings of that work have been ma$e by or with the h>er>"p or ron.si.nt of th? owner of the right in the work:
(H) the person making the sound -recordings has given P norice of Uis intention to make the sound recordings, haj provided copies ol all covers or labels with which the sºund recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf:
Provided that~ (?) no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not reasonably necessary ,for the adaptation o¥ the work for the purpose of mating the sound recordings:
(H) the sound recordings shall not be issued in any form of packaging or with any label which is likely to mislead or confuse the public as to their identity;
9aC i j THE GAZETTE OF INDIA EXTRAORDINARY 13
(in) B^ such sound recording shall be made until the expiration of two calendar years after the end of the year in which the first sound recording of the work was made; and
(iw) the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to sueh sound recording:
Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright Board is, prima fade, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it roav deem fit, including an order for payment of royalty;
(k) the causing of a recording to be heard in public by utilising it,—
(i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
(ii) as pan of the activities of a club or similar organisation which is not established or conducfpd for profit;";
(5) for clause (s), the following .lause shall be substituted.
nawsely:— "(s) thp making or publishing of a painting, drawing, engraving or photograph of a work n£ architecture or the display of a work of architecture;";
(fi) clause (w) shall be omitted;
(7) after clause (y), the followuig clauses shall bo inserted, name!/: — "(2) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
(za) the performance of a literary, dramatic or musical work or the mommunication to the public of stub \v>rk or of a soun.1 recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority
Explanation.—For the purpose of this clause, religious ceremony including a marriage procession awl other social festivities associated with a marriage.".
W THE GAZETTF C ' INDIA EXTRAORDINARY [PACT tt-^ Insertion at n«W seatloa
53B.
Accounts and audit 18, After section 52A of the principal Act, the following jection shall be inserted, namely: — "52B. (!) Every copyright society appointed under secnon 34A shall maintain proper accounts and ofher relevant records and prepare an annual statement of accounts, in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India,
(2) The accounts of each of the copyright societies in relation to the payments received from the Central Government shall be audited by the Comptroller Bad Auditor-Genera] of India at such intervals as may be specified b^ him and any expenditure incurred in connection with such audit shall be payable by the copyright society to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India or any other person appointed bv him in connection with the audit of the accounts of the copyright society referred to in sub-section (2) shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of the Government accounts'and, in particular, shall have the right to demand the production of books, accounts and other documents and papers and to inspect any of the office? of the copyright society for the purpose only of such audit.
(4) The accounts of each of the copyright societies as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.".
Insertion Of awr section S3A,
19. In Chapter XI, after section 53 of the principal Act, the following section shall be inserted, namely;— fteaale shore right in original copies.
"53A. (/) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or music?!
work, the author of such work if he was the first owner of rights tinder section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance w i th 'h^ rar^ visions of this section"
Provided that such right shall cease to exist on the* expiration of the term of copyright In the work
(2) The share referred to in sub-section (1\ shall i>e - such as the Copyright Bogrd mav fix and the decision of the Copvright Board in this behalf shall be final-
Provided thai the Copyright Board ff"v fiv rfiffeTpnf chirps for different efassf« of work- SEC. i ] THL, GAZETTE OF 1NHJA LXTKAOkDfNARY l!>
Provided Xtirther that in nu case shall the bhare exceed ten pel cent, of the resale price.
(?) If any dispute arises regarding the right conferred by this scuion, iL shall be referred to the Copyright Board whose decision tihall be linal. \
20. in section 57 of iho principal Act, ior sub-aeclron. (1), ihc iollowing sub-suction shall be substituted, namely.— U) indeptiiideailj ul the riui hoi's eopynghi and even atter the assignment either wholly ui partially o'f the said copyright, the author of a work shall have the right—
(a) Lo claim author ship oi' the work; and
(b) to lestiaii) or claim damages m respect of any distortion, mutilation, modification or other act in relation to the said Work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in respecL of any adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies.
Keep tana Von.—Failure to display a work or to display it m the ijjlisfwciion of ihe author bbuli nut b<L deemed to be an infringement of the rights conferred by this section", Amelia meat erf section
57.
21. Jn section 63 oi the principal Act, • (/) in clautie (fa), the. words, ligures and lettei "except the tight conferred by section 53A" .shall be inserted at the end;
(2) in the proviso, after the words "Provided that", the words "where the infringement has riot been made for gain in the course of trade or business" shall be inserted, ment of GJ.
22. Jn the first proviso to section 63A ol! the principal Act, after the words "Provided thai", the words "where the Infringement has not been made for gain in the course of trade or business" shall be inserted.
Amendment 6t
63A.
23. Aftec section R3A of the principal Act. the following section shall he Inserted, namely: — Insertion of tew section
631.
"63B. Any pcr&ou who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall no' be less than seven days bin which may extend to three years and witb flue which shall not be Jess than fifty thousand rupees but which mav extend to two lukh rii pees:
Provided that wheie the computer programme has not been used for gain,or in the course of trade or business, the court may, for adequate Rnd special reasons to b^ mentioned in the judgment Know- Ing use of in.
fringing u'jpy of i ' '.nipu.
ter programme lo be an offence.
\b THE GAZETTL Oh JNItfA kXI RAORDINARY [PARI It— SEC. 1J not impose any sentence of imprisonment and may impose u fine which may extend to fifty thousand rupees.".
Amendment of section
78.
24. In section 78 tf£ the principal Act, in sub-section. (2).— {i) alter clause {L), ihe following Clauses shull be inserted, namely: — "'(at) the amOiijou., ior submission of application under bub-section (<?) ol section oJ;
(t'o) the conditions subject io which a copyright societymay bu registered under bub-section (3) of section 33;
(ce) the inquiry for cancellation of registration under subsection (4) of section 33;
(cd) die conditions .subject to which the copyright society may accept authorisation under aausc (a) of sub-section (/) of section 34 and the conditions subject to which owners or rights have riglu io withdraw such authorisation under clause (d) of thai Kub-section;
(cc) ihe conditions subject to which a copyright society may issue licences, collect fees and distribute such lees amongst owners of rights under sub-section (3) of section 34;
(t/) ibe manner in which ihe approval of the owners of rights regarding collection and di&tribuiion of fees, approval for utilisation of any amount collected an £ees and to provide to stidi owners information concerning activities in relation to the administration of iht'ir rights under sub-section (1) of section 35;
(f</) "it: roiiMib 'o be JiJ-d by copyright sodetiea to the Kegistrur of Copyiights under sub-section (1) of section 36;";
(ii) after clause (d), the ioilowmg clauses shall be inserted, namely:— "(da) the manner of uayment of royalty under clause (j) of sub-section (/) of section 52;
(db) the form and the manner in which the copyright society shall maintain accounts and other relevant records and prepare annual statements of accounts and the manner In wlridi ihe quantum oT remuneration is to be paid to individual owner of ughtt, under sub-section (7) of section 52B.".
K. L. MOHANPURIA, Secy, to the Govt, of India.
PRINTED BY THE MANAOER, GOVERNMENT OF INDU PRESS, MINTO ROAO, NEW DBtHI AND PUBLISHED DY THE CONTROLLER OF PUBLICATIONS, DEUU, 1994.