SectionsParticulars
Chapter IPreliminary
1Short title extent and commencement
(1) This Act may be called the Copyright Act 1957.                                     (2) It extends to the whole of India.                                ...
2Interpretation
In this Act unless the context otherwise requires -         (a) "adaptation" means -                                                               (i) in r...
3Meaning of publication
                     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 ...
4When work not deemed to be published or performed in public
Except in relation to infringement of copyright a work shall not be deemed to be published or performed in public if published or performed in public witho...
5When work deemed to be first published in India
                      For purposes of this Act a work published in India shall be deemed to be first published in India notwithstanding that it has been ...
6Certain disputes to be decided by copyright board
[Note: Subs. by Act 38 of 1994, S.4 (w.e.f. a date to be notified) If any question arises,- a. hether a work has been published or as to the date on which a ...
7Nationality of author where the making of unpublished work is extended over considerable period
Where, in the case of an unpublished work the making of the work is extended over a considerable period, the author of the work shall, for the purposes of th...
8Domicile of corporations
For the purposes of this Act a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India....
Chapter IICopyright Office And Copyright Board
9Copyright Office
(1) There shall be established for the purposes of this Act on office to be called the Copyright Office. (2) The Copyright Office shall be under the immediat...
10Registrar and Deputy Registrars of Copyrights
(1) The Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. (2) A Deputy Registrar of Copy...
11Copyright Board
(1) As soon as may be after the commencement of this Act, the Central Government shall constitute a Board to be called the Copyright Board which shall consis...
12Powers and procedure of Copyright Board
(1) The Copyright 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...
Chapter IIICopyright
13Works 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 work...
14Meaning of copyright
[(Note: Subs. by Act 38 of 1994, S.7 (w.e.f. a date to be notified) For the purposes of this Act, "copyright" means the exclusive right subject to the provisi...
15Special provision regarding copyright in designs registered or capable of being registered under the designs act 1911
(Note: Words "Indian Patents and" omitted by Act 23 of 1983, S.7 (w.e.f.9-8-1984) (1) Copyright shall not subsist under this Act in any design which is regist...
16No 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...
Chapter IVOwnership of Copyright and the Rights of the Owner
17First owner of copyright
Subject to the provisions of this Act, the author of a Work shall be the first owner of the copyright therein : that – a. in the case of a literary, dramatic...
18Assignment 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 w...
19Mode of assignment
– [(Note: S.19 renumbered as sub-section (1) thereof by Act 23 of 1983, S.9 (w.e.f. 9-8-1984) (1)] No assignment of the copyright in any work shall be valid ...
19ADisputes with respect to assignment of copyright
[(Note: Subs. by Act 38 of 1994, S.9 (w.e.f. a date to be notified) (1) If an assignee fails to make sufficient of the rights assigned to him, and such failu...
20Transmission 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 ...
21Right 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 the Regist...
Chapter VTerm of Copyright
22Term 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 (other than a photograph) published wit...
23Term of copyright in anonymous and pseudonymous works
(I) in the case of a literary, dramatic, musical or artistic work (other than photograph), which is published anonymously, copyright shall subsist until [(No...
24Term of copyright in posthumous work
– (1) in the case of a literary, dramatic or musical work or an engraving, in which copyright subsist at the date of the death of the author or, in the case ...
25Term of copyright in photographs
– In the case of a photograph, copyright shall subsist until [(Note: Subs. by Act No.13 of 1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No.13 of 19...
26Term of copyright in cinematograph films
- in the case of a cinematograph film, copyright shall subsist until [(Note: Subs. by Act No.13 of 1992, S.2, w.e.f. 28-12-1991. In this regard S.3 of Act No....
27Term of copyright in sound recording
[(Note: Subs. by Act 38 of 1994, S.2(xii) (w.e.f. a date to be notified)) – In the case of a [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be...
28Term of copyright in government work
in the case of government work where government is the first owner of the copyright therein copyright shall subsist until sixty years from the beginning of th...
28ATerm of copyright in works of public undertakings
. [(Note: Ins. by Act 23 of 1983, S.11 (w.e.f. 9-8-1984) In the case of a work, where a public undertaking is the first owner of the copyright therein, copyr...
29Term of copyright in works of international organizations
In the case of a work of an  international organization to which the provision of Section 41 apply, copyright shall subsist until [(Note: Subs. by Act No.13 ...
Chapter VILicenses
30Licenses 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 license i...
30AApplication of sections 19 and 19a
[(Note: Ins. by Act 38 of 1994, S.10 (w.e.f. a date to be notified). The provision of Sections 19 and 19-A shall, with any necessary adaptations and modifica...
31Compulsory license in works withheld form public
(1) If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright Boar...
31ACompulsory license in unpublished Indian works
31-A. [(Note: Ins. by Act 23 of 1983, S.12 (w.e.f. 9-8-1984)) (1) Where in the case of an Indian work referred to in sub clause (iii) of clause (I) of Sectio...
32License to produce and publish translations
- (1) Any person may apply the Copyright Board for a license to produce and publish a translation of a literary or dramatic work in nay language [(Note: Ins. ...
32ALicense to reproduce and publish works for certain purposes
[Note: Ins. by Act 23 of 1983. S.14 (w.e.f. 9-8-1984) (1) Where, after the expiration of the relevant period from the date of the first publication of an edit...
32BTermination of licenses issued under this chapter
(1) If, at nay time after the granting of a license to produce and publish the translation of a work in any language under sub section (1-A) of section 32 (h...
Chapter VIICopyright Societies
33Registration of copyright society
(1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing o...
34Administration of rights of owner by copyright society
(1) Subject to such conditions as may be prescribed,- (a), a copyright society may accept from an owner of rights exclusive authorization to administer any ...
34APayment of remunerations by copyright society
34-A. (1) If the Central Government is of the opinion that a copyright society for a class of work is generally administering the rights of the owners of rig...
35Control over the copyright society by the owner of rights
– (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...
36Submission of returns and reports
(1) Every copyright society shall submit to the Registrar if Copyright such returns as may be prescribed. (2) Any officer duly authorized by the Central Gove...
36ARights and liabilities of performing rights societies
Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a performing rights society which had accrued or were incurred ...
Chapter VIIIRights of Broadcasting Organization and of Performers
37Broadcast reproduction right
[(Note: Subs. by Act 38 of 1994, S.13 (w.e.f. a date to be notified)) (1) Every broadcasting organization shall have a special right to the know as ‘broadcast...
39Acts not infringing broadcast reproduction right or performer's right
[(Note: Ss. 39 and 39-A subs. for S.39 by Act 38 of 1994, S.15 (w.e.f. a date to be notified)) No broadcast reproduction right or performer’s right shall be ...
39AOther provisions applying to broadcast reproduction right and performer's right
Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right ...
Chapter IXInternational Copyright
40Power to extend copyright to foreign works
- The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act, shall apply. a. to work first publish...
41Provisions as to works of certain international organizations
1. Where- a. any work is made or first published by or under the direction or control of any organization to which the section applies, and b. there would, a...
42Power to restrict rights in works of foreign authors first published in India
– If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian author...
43Orders under this chapter to be laid before parliament
- Every order made by the Central Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall ...
Chapter XRegistration of Copyright
44Register of copyrights
– There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or ...
45Entries in register of copyrights
- (1) The author or published of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form acco...
46Indexes
– There shall be also kept at the Copyright Office such indexes of the Register of Copyrights, as may be prescribed. ...
47Form and inspection of register
.- The register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to...
48Register of copyrights to be prima facie evidence of particulars entered therein
- The Register of Copyright shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or ...
49Correction of entries in the register of copyrights
The Register of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by- a. correcting ...
50Rectification of register by copyright board
The Copyright Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by...
50AEntries in the register of copyrights etc. To be published
- [(Note: Ins. by Act 23 of 1983, S.17 (w.e.f. 9-8-1984)) Every entry made in the Register of Copyrights or the particulars of any work entered under Sectio...
Chapter XIRegistration of Copyright
51When copyright infringed, copyright in a work shall be deemed to be infringed
Copyright in a work shall be deemed to be infringed- a. when any person, without a license granted by the owner of the Copyright or the Registrar of Copyrigh...
52Certain acts not to be infringement of copyright
– (1) The following acts shall not constitute an infringement of copyright namely- a. A fair dealing with a literary, dramatic, musical or artistic work [no...
52AParticulars to be included in sound recording and video films
[(Note: Ins. by Act 65 of 1984, S.4 (w.e.f. 8-10-1984)) (Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)) (1)No person shall publish a...
52BAccounts and audit
[(Note: Ins. by Act 38 of 1994, S.18 (w.e.f. a date to be notified)) (1) Every copyright society appointed under Section 345-A shall maintain proper accounts ...
53Importation of infringing copies
(1) The Registrar of Copyrights, on application by the owner of the copyright in nay work or by his duly authorized agent and on payment of the prescribed fee...
53AResale share right in original copies
(1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture on drawing, or of the original manuscript o...
Chapter XIICivil Remedies
54Definition
–For the purposes of this Chapter, unless the context otherwise requires, the expression, "owner of copyright" shall include- a. an exclusive licensee : b. in...
55Civil remedies for infringement of copyright
(1) Where copyright is any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedi...
56Protection of separate rights
Subject to the provisions of this Act, where the several rights comprising the copyright in any work are owned by different person, the owner of any such righ...
57Author's special rights
[(Note: Subs. by Act 38 of 1994, S.20(w.e.f. a date to be notified)) (1) Independently of the author’s copyright and even after the assignment either wholly o...
58Rights of owner against persons possessing or dealing with infringing copies
All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall b...
59Restriction on remedies in the case of work of architecture
(1) Notwithstanding anything contained in [Note: Subs. for "the Specific Relief Act,1877" by Act 23 of 1983, S.20 (w.e.f. 9-8-1984)) the Specific Relief Act, ...
60Remedy in the case of groundless threat of legal proceedings
Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proce...
61Owner of copyright to be party to the proceeding
(1) In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless ...
62Jurisdiction of court over matters arising under this chapter
(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other r...
Chapter XIIIOffences
63Offence of infringement of copyright or other rights conferred by this act
Any person who knowingly infringes or abets the infringement of- a. the copyright in a work, or b. any other right concerned by this Act [(Note: Ins. by Act ...
63AEnhanced penalty on second and subsequent convictions
[(Note: Ins. by Act 65 of 1984, S.6 (w.e.f. 8-10-1984)) Whoever having already been convicted of an offence under Section 63 is again convicted of any such of...
64Power of police to seize infringing copies
[Note: Subs. for sub-section (1) by Act 65 of 1984, S.7 (w.e.f. 8-10-1984)) (1) Any police officer, not below the rank of a sub inspector, may, if he is satis...
65Possession of plates for purpose of making infringing copies
– Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists sha...
66Disposal of infringing copies or plates for purpose of making infringing copies
– The court trying and offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the p...
67Penalty for making false entries in register etc. For producing or tendering false entries
Any person who,- a. makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or b. makes a causes to be made a writing false...
68Penalty for making false statements for the purpose of deceiving or influencing any authority or officer
Any person who, - a. with a view to deceiving any authority or officer in the execution of the provisions of this Act, or b. with a view to procuring or influ...
68APenalty for contravention of section 52a
[(Note: Ins. by Act 65 of 1984, S.9 w.e.f. 8-10-1984.) – Any person who publishes a [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be notified)...
69Offences by companies
(1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was respons...
70Cognizance of offences
– No court inferior to that of [(Note: Subs. for "a Presidency Magistrate or a Magistrate of the first class" by Act 23 of 1983, S.22 (w.e.f. 9-8-1984)) a Me...
Chapter XIVAppeals
71Appeals against certain orders of magistrate
– Any person aggrieved by an order made under sub section (2) of Section 64 or Section 66 may, within thirty days of the date of such order, appeal to the co...
72Appeals against orders of registrar of copyrights and copyright board
(1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal...
73Procedure for appeals
– This High Court may make rules consistent with this Act as to the procedure to be followed in respect of appeals made to it under Section 72. ...
74Registrar of copyrights and copyright board to possess certain powers of civil courts
The Registrar of Copyright and the Copyright Board shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 ( 5 of 19...
75Orders for payments of money passed by registrar of copyrights and copyright board to be executable as a decree
– Every order made by the Registrar of Copyrights or the Copyright Board under this Act for the payment of any money or by the High Court in any appeal again...
76Protection of action taken in good faith
– No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of th...
77Certain persons to be public servants
– Every officer appointed under this Act and every member of the Copyright Broad shall be deemed to be a public servant within the meaning of Section 21 of ...
78Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules (Note: For the Copyright Rules,1958, see. Gazette of India, Extraordinary...
79Repeal saving and translation provisions
– (1) The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the Untied Kingdom as modified in its application...
Rules
Chapter IPreliminary
1Short title, extent and commencement
1. Short title, extent and commencement – (1) These rules may be called the Copyright Rules, 1958. (2) They extend to the whole of India. (3) They shall come ...
2Interpretations
2. Interpretations – In these rules, unless the context otherwise requires, - (a) "Act" means the Copyright Act, 1957 (14 of 1957); (b) "Form" means a form se...
Chapter IIThe Copyright Board
3Terms and conditions of office of the Chairman and members of the Copyright Board
3. Terms and conditions of office of the Chairman and members of the Copyright Board – (1) The Chairman and other members of the Copyright Board shall be appo...
4Functions of the Secretary of the Copyright Board
4. Functions of the Secretary of the Copyright Board – The Registrar or Copyrights shall perform all secretarial functions relating to the Copyright Board un...
Chapter IIIRelinquishment of Copyright
5Notice of relinquishment
5. Notice of relinquishment – The author of a work desiring to relinquish under Section 21 all or any of the rights comprised in the copyright in the work sha...
Chapter IVLicenses for Translations
6Application for license
6. Application for license – (1) An application for a license under Section 32 to produce and publish a translation of a literary or dramatic work in any lang...
7Notice of application
7. Notice of application – (1) When any such application has been made, the Copyright Board shall, as soon as possible, give notice of the application in the ...
8Consideration of the application
8. Consideration of the application – (1) The Copyright Board shall consider the application after the expiry of not less than one hundred and twenty days from...
9Manner of determining royalties
9. Manner of determining royalties – The Copyright Board shall determine the royalties payable to the owner of the copyright under subsection (4) of Section 3...
10Extension of the period of license
10. Extension of the period of license – The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever ...
11Cancellation of license
11. Cancellation of license – The Copyright Board may, after giving the licensee an opportunity of being beard, cancel the license on any of the following gro...
Chapter IV-ACompulsory License for Publication of Unpublished Works, Translation and Reproduction of Work
11AApplication for license
11-A. Application for license – An application for a license under Section 31-A, sub-section (I-A) of Section 32 and Section 32-A to publish any unpublished w...
11BApplication for license-1
11-B. Application for license-1Every such application shall be in respect of one work only and in respect of translation of a work into one language only....
11CNotice of application
11-C. Notice of application – (1) A copy of such application shall be served by registered mail on the owner of copyright and if the owner of such copyright i...
11DManner of determining royalties
11-D. Manner of determining royalties – The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (7) of Sect...
11EExtension of the period of license
11-E. Extension of the period of license – The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, whereve...
11FCancellation of license
11-F. Cancellation of license – The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the license on any of the following g...
11GNotice for termination of license
11-G. Notice for termination of license – Notice for termination of license under proviso to sub-section (1) or sub-section (2) of Section 32-B shall be serve...
Chapter VPerforming Rights Societies
12Publication of statement of fees etc.
12. Publication of statement of fees etc. – (1) Every performing rights society having at the commencement of the Act authority to grant licenses for performa...
13Determination of objections
13. Determination of objections –The Copyright Board may take such evidence as it deems fit in determining any objection lodged under Section 34. ...
14Publication of alterations in the statements of fees etc.
14. Publication of alterations in the statements of fees etc. – The Registrar of Copyrights shall publish the alterations made by the Copyright Board in the s...
Chapter VIRegistration of Copyright
15Form of Register of Copyrights
15. Form of Register of Copyrights – (1) The Register of Copyrights shall be kept in four parts as follows:- Part I. Literary, Dramatic and Musical Works. Part...
16Application for Registration of Copyright
16. Application for Registration of Copyright – (1) Every application for registration of copyright shall be made in accordance with Form IV and every applica...
17Correction of entries in the Register of Copyrights
17. Correction of entries in the Register of Copyrights – The Registrar of Copyrights may, on his own motion or on application of any interested person, amend...
18Indexes
18. Indexes – (1) There shall be kept at the Copyright Office the following indexes for each part of the Register of Copyrights, namely - (i) A general Author...
19Inspection of the Register of Copyrights and Indexes
19. Inspection of the Register of Copyrights and Indexes – The Register of Copyrights and Indexes thereof shall at all reasonable times be open to inspection ...
20Copies and extracts of the Register of Copyrights and Indexes
20. Copies and extracts of the Register of Copyrights and Indexes – (1) Any person shall be entitled to take copies of, or make extracts from, the Register of...
Chapter VIIMaking of Records
21Making of records
21. Making of records – (1) Any person intending to make records under clause (j) of sub-section (1) of Section 52 shall give notice of such intention to the ...
Chapter VIIIImportation of Infringing Copies
22Importation of infringing copies
22. Importation of infringing copies – Every application under sub-section (1) of Section 53 shall be made in accordance with Form VI and shall be accompanied ...
23Procedure for examination of infringing copies
23. Procedure for examination of infringing copies – The Registrar of Copyrights or the person authorized by him in this behalf shall, in taking action under ...
Chapter IXMiscellaneous
24Mode of making applications etc.
24. Mode of making applications etc. – Every application, notice, statement or any other document to be made, given, filed, or sent under the Act or under thes...
25Mode of communication by the Copyright Board etc.
25. Mode of communication by the Copyright Board etc. – Every written intimation from the Copyright Board, the Copyright Office or the Registrar of Copyrights...
26Fees
26. Fees. – (1) The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule. (2) The fees may be paid to the Registrar...
27Right of audience
27. Right of audience. – In any proceedings before the Copyright Board or the Registrar of Copyrights any party may appear and be heard either in person or by...
28Costs
28. Costs – The costs of, and incidental to, the proceedings before the Copyright Board or the Registrar or Copyrights shall be in the discretion of the Copyr...
First Schedule
Form INotice of relinquishment of Copyright
(See Rule 5) To The Registrar of Copyrights, Copyright Office, as New Delhi. Sir, In accordance with Section 21 of the Copyright Act, 1957 (14 of 1957), ...
Form IIApplication for a license for translations
(See Rule 6) (To be submitted in triplicate) To The Registrar of Copyrights, dfdf d dfdff Secretary, Copyright Board, dffffdd Copyright Office, ddd New Delhi. ...
Form IIIForm of Register of Copyrights
(See Rule 15) 1. Registration Number. 2. Name, address and nationality of the applicant. 3. Nature of the applicant's interest in the copyright of the work. ...
Form IVApplication for Registration of Copyright
(See Rule 16) To The Registrar of Copyrights,Copyright Office,New Delhi Sir, In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby a...
Form VApplication for registration of changes in the particulars of copyright entered in the Register of Copyrights
(See Rule 16) To The Registrar of Copyrights, h h copyright Office, s New Delhi. Sir, In accordance with Rule 16 of the Copyright Rules, 1958, I hereby apply ...
Second ScheduleSchedule
"SECOND SCHEDULE" 1.For a license to republish a Literary, Dramatic, Musical or Artistic d Work (Sections 31, 31-A and 32-A)     Rs. 100 per work  2.For a lic...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!