THE COPYRIGHT ACT, 1957 
________ 

ARRANGEMENT OF SECTIONS 
_______ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Interpretation. 
3.  Meaning of publication. 
4.  When work not deemed to be published or performed in public. 
5.  When work deemed to be first published in India. 
6.  Certain disputes to be decided by Commercial Court. 
7.  Nationality of author where the making of unpublished work is extended over considerable 

period. 

8.  Domicile of Corporations. 

CHAPTER II 

COPYRIGHT OFFICE  

9.  Copyright Office. 
10.  Registrar and Deputy Registrars of Copyrights. 
11.  [Omitted.] 
12.  [Omitted.] 

CHAPTER III 

COPYRIGHT 

13.  Works in which copyright subsists. 
14.  Meaning of copyright. 
15.  Special provision regarding copyright in designs registered or capable of being registered under 

the Designs Act, 2000. 

16.  No copyright except as provided in this Act. 

CHAPTER IV 

OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER 

17.  First owner of copyright. 
18.  Assignment of copyright. 
19.  Mode of assignment. 
19A. Disputes with respect to assignment of copyright. 
20.  Transmission of copyright in manuscript by testamentary disposition. 
21.  Right of author to relinquish copyright. 

CHAPTER V 

TERM OF COPYRIGHT 

22.  Term of copyright in published literary, dramatic, musical and artistic works. 
23.  Term of copyright in anonymous and pseudonymous works. 
24.  Term of copyright in posthumous work. 

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sound                        

SECTIONS 

25.  [Omitted.]. 
26.  Term of copyright in cinematograph films. 
27.  Term of copyright in sound recording. 
28.  Term of copyright Government works.  
28A. Term of copyright in works of public undertakings. 
29.  Term of copyright in works of international organisations. 

CHAPTER VI 

LICENCES 

30.   Licences by owners of copyright. 
30A. Application of sections 19. 
31.  Compulsory licence in works withheld from public. 
31A. Compulsory licence in unpublished  or published works. 
31B. Compulsory licence for benefit of disabled. 
31C. Statutory licence for cover versions. 
31D.  Statutory 
recording. 

for  broadcasting  of 

licence 

literary  and  musical  works  and 

32.  Licence to produce and publish translations. 
32A. Licence to reproduce and publish works for certain purposes. 
32B. Termination of licences issued under this Chapter. 

CHAPTER VII 

COPYRIGHT SOCIETIES 

33.  Registration of copyright society. 
33A. Tariff Scheme by copyright societies. 
34.  Administration of rights of owner by copyright society. 
34A. [Omitted.]. 
35.   Control over the copyright society by the author and other owners of rights. 
36.   Submission of returns and reports. 
36A. Rights and liabilities of performing rights societies. 

CHAPTER VIII 

RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS 

37.  Broadcast reproduction right. 
38.   Performer’s right. 
38A. Exclusive right of performers. 
38B. Moral rights of the performer. 
39.  Acts not infringing broadcast reproduction right or performer’s right. 
39A. Certain provisions to apply in case of broadcast reproduction right and performer’s . 

CHAPTER IX 

INTERNATIONAL COPYRIGHT 

40.  Power to extend copyright to foreign works. 
40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and 

performers in certain other countries 

41.   Provisions as to works of certain international organisations. 
42.  Power to restrict rights in works of foreign authors first published in India. 
42A. Power to restrict rights of foreign broadcasting organisations and performers. 
43.   Orders under this Chapter to be laid before Parliament. 

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CHAPTER X 

REGISTRATION OF COPYRIGHT 

SECTIONS 

44.  Register of Copyrights. 
45.  Entries in Register of Copyrights. 
46.  Indexes. 
47.  Form and inspection of register. 
48.   Register of Copyrights to be prima facie evidence of particulars entered therein. 
49.  Correction of entries in the Register of Copyrights. 
50.  Rectification of Register by High Court. 
50A. Entries in the Register of Copyrights, etc., to be published. 

CHAPTER XI 

INFRINGEMENT OF COPYRIGHT 

51.   When copyright infringed. 
52.  Certain acts not to be infringement of copyright. 
52A. Particulars to be included in records and video Films. 
52B. [ Omitted .] 
53.  Importation of infringing copies. 
53A. Resale share right in original copies. 

CHAPTER XII 

CIVIL REMEDIES 

54.   Definition. 
55.  Civil remedies for infringement of copyright. 
56.   Protection of separate rights. 
57.  Author’s special rights. 
58.  Rights of owner against persons possessing or dealing with infringing copies. 
59.   Restriction on remedies in the case of works of architecture. 
60.   Remedy in the case of groundless threat of legal proceedings. 
61.  Owner of copyright to be party to the proceeding. 
62.  Jurisdiction of court over matters arising under this Chapter. 

CHAPTER XIII 

OFFENCES 

63.  Offences of infringement of copyright or other rights conferred by this Act. 
63A. Enhanced penalty on second and subsequent convictions. 
63B. Knowing use of infringing copy of computer programme to be an offence. 
64.  Power of police to seize infringing copies. 
65.  Possession of plates for purpose of making infringing copies. 
65A. Protection of technological measures. 
65B. Protection of Rights Management Information. 
66.  Disposal of infringing copies or plates for purpose of making infringing copies. 
67.  Penalty for making false entries in register, etc., for producing or tendering false entries. 
68.   Penalty for making false statements for the purpose of deceiving or influencing any authority or 

officer. 

68A. Penalty for contravention of section 52A. 

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SECTIONS 

69.  Offences by companies. 
70.   Cognizance of offences. 

CHAPTER XIV 
APPEALS 

71.  Appeals against certain orders of Magistrate. 
72.  Appeals against orders of Registrar of Copyrights. 
73.   Procedure for appeals. 

CHAPTER XV 

MISCELLANEOUS 

74.  Registrar of Copyrights and Appellate Board to possess certain powers of civil courts. 
75.  Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be 

executable as a decree. 

76.  Protection of action taken in good faith. 
77.  Certain persons to be public servants. 
78.  Power to make rules. 
79.  Repeals, savings and transitional provisions. 

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THE COPYRIGHT ACT, 1957 
ACT NO. 14 OF 19571 

 [4th June, 1957.] 

An Act to amend and consolidate the law relating to copyright. 

BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement.—(1) This Act may be called the Copyright Act, 1957. 
(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date2 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Interpretation.—In this Act, unless the context otherwise requires,— 

(a) “adaptation” means,— 

(i) in relation to a dramatic work, the conversion of the work into a non-dramatic work; 
(ii)  in  relation  to  a  literary  work  or  an  artistic  work,  the  conversion  of  the  work  into  a 

dramatic work by way of performance in public or otherwise; 

(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of 
the  work  in  which  the  story  or  action  is  conveyed  wholly  or  mainly  by  means  of  pictures  in  a 
form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; 3***  

(iv) in relation to a musical work, any arrangement or transcription of the work; 4[and] 

 4[(v)  in  relation  to  any  work,  any  use  of  such  work  involving  its  re-arrangement  or 

alteration;] 

5* 

* 

* 

* 

* 

(b) 6[work of architecture] means any building or structure having an artistic character or design, 

or any model for such building or structure; 

(c) “artistic work” means,— 

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving 

or a photograph, whether or not any such work possesses artistic quality; 

(ii) an 5[work of architectural]; and 

(iii) any other work of artistic craftsmanship; 

(d) “author” means,— 

(i) in relation to literary or dramatic work, the author of the work; 

(ii) in relation to a musical work, the composer; 

(iii) in relation to an artistic work other than a photograph, the artist; 

(iv) in relation to a photograph, the person taking the photograph; 

7[(v) in relation to a cinematograph film or sound recording, the producer; and 

1. The Act has been extended Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1-2-1965), to Dadra and Nagar 
Haveli by Reg. 6 of  1963, s. 2 and the First Schedule, and brought into force in the State of Sikkim (w.e.f. 27-4-1979) : vide 
notification No. S.O. 226(E), dated 27-4-1979, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 

2. 21st January, 1958, vide notification No. 269, dated 21st January 1958, see Gazette of India, Extraordinary, Part II, sec. 3. 
3. The word “and” omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995). 
4. Ins. by s. 2, ibid. (w.e.f. 10-5-1995). 
5. Clause (aa) omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021). 
6. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995). 
7. Subs. by s. 2, ibid., for sub-clauses (v) and (vi) (w.e.f. 10-5-1995) 

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(vi) 

in 

relation 

to  any 

literary,  dramatic,  musical  or  artistic  work  which 

is                            

computer-generated, the person who causes the work to be created;] 

1[(dd) “broadcast” means communication to the public— 

(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, 

sounds or visual images; or 

(ii) by wire, 

and includes a re-broadcast;] 

(e) “calendar year” means the year commencing on the 1st day of January; 

2[(f)  “cinematograph  film”  means  any  work  of  visual  recording  3***  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;] 

4[(fa) “Commercial Court”, for the purposes of any State, means a Commercial Court constituted 
under section 3, or the Commercial Division of a High Court constituted section 4, of the Commercial 
Courts Act, 2015 (4 of 2016);] 

5[ 6[(faa)] “commercial rental” does not include the rental, lease or lending of a lawfully acquired 

copy  of  a  computer  programme,  sound  recording,  visual  recording  or  cinematograph  film  for                 
non-profit purposes by a non-profit library or non-profit educational institution. 

Explanation.—For  the  purposes  of  this  clause,  a  “non-profit  library  or  non-profit  educational 
institution” means a library or educational institution which receives grants from the Government or 
exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).] 

7[(ff) “communication to the public” means making any work or performance 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 physical copies of it, whether a simultaneously or at places and times chosen 
individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys 
the work or performance 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  be  communication  to  the 
public;] 

(g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument 

or by 8[broadcast]; 

(h)  “dramatic  work”  includes  any  piece  for  recitation,  choreographic  work  or  entertainment  in 
dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does 
not include a cinematograph film; 

9[(hh) “duplicating equipment” means any mechanical contrivance or device used or intended to 

be used for making copies of any work;] 

(i)  “engravings”  include  etchings,  lithographs,  wood-cuts,  prints  and  other  similar  works,  not 

being photographs; 

1.  Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984). 
2.  Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995). 
3. The words “on any medium produced through a process from which a moving image may be produced by any means” omitted   

by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012). 
4. Ins. by Act 33 of 2021, s. 10  (w.e.f. 4-4-2021). 
5.  Ins. by s. 2, ibid. (w.e.f. 21-6-2012). 
6.  Clause (fa) shall be re-lettered as clause (faa) by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021). 
5.  Subs. by s. 2, ibid., for clause (ff) (w.e.f. 21-6-2012). 
6. Subs. by Act 23 of 1983, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984). 
7. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984). 

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(j)  “exclusive  licence”  means  a  licence  which  confers  on  the  licensee  or  on  the  licenses  and 
persons  authorised  by  him,  to  the  exclusion  of  all  other  persons  (including  the  owner  of  the 
copyright),  any  right  comprised  in  the  copyright  in  a  work,  and  “exclusive  licensee”  shall  be 
construed accordingly; 

(k) “Government work” means a work which is made or published by or under the direction or 

control of— 

(i) the Government or any department of the Government; 

(ii) any Legislature in India; 

(iii) any court, tribunal or other judicial authority in India; 

1[(I) “Indian work” means a literary, dramatic or musical work,— 

(i) the author of which is a citizen of India; or 

(ii) which is first published in India; or 

(iii) the author of which, in the case of an unpublished work, is, at the time of the making 

of the work, a citizen of India;] 

2[(m) “infringing copy” means— 

(i)  in  relation  to  a  literary,  dramatic,  musical  or  artistic  work,  a  reproduction  thereof 

otherwise than in the form of a cinematograph film; 

(ii) in relation to a cinematographic film, a copy of the film made on any medium by any 

means; 

(iii)  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, the sound recording or a 
cinematographic film of such programme or performance, 

if  such  reproduction,  copy  or  sound  recording  is  made  or  imported  in  contravention  of  the 
provisions of this Act;] 

(n) “lecture” includes address, speech and sermon; 

3[(o) “literary work” includes computer programmes, tables and compilations including computer 

4[databases];] 

5[(p)  “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;] 

6[(q)  “performance”,  in  relation  to  performer’s  right,  means  any  visual  or  acoustic  presentation 

made live by one or more performers;] 

7[(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;] 

8* 

* 

* 

* 

*  

1. Subs. by Act 23 of 1983, s. 2, for clause (l) (w.e.f. 9-8-1984). 
2. Subs. by Act 38 of 1994, s. 2, for clause (m) (w.e.f. 10-5-1995). 
3. Subs. by s. 2, ibid., for clause (o) (w.e.f. 10-5-1995). 
4. Subs. by Act 49 of 1999, s. 2, for “data basis” (w.e.f. 15-1-2000). 
5. Subs. by Act 38 of 1994, s. 2, for clause (p) (w.e.f. 10-5-1995). 
6. Subs. by s. 2, ibid., for clause (q) (w.e.f. 10-5-1995). 
7. Ins. by s. 2, ibid. (w.e.f. 10-5-1995). 
8. Omitted by s. 2, ibid. (w.e.f. 10-5-1995). 

7 

 
 
 
 
 
 
 
 
                                                           
(s) “photograph” includes photo-lithograph and any work produced by any process analogous to 

photography but does not include any part of a cinematograph film; 

(t)  “plate”  includes  any  stereotype  or  other  plate,  stone,  block,  mould,  matrix,  transfer, 
negative, 1[duplicating  equipment]  or  other  device  used  or  intended  to  be  used  for  printing  or 
reproducing copies of any work, and any matrix or other appliance by which 2[sound recording] for 
the acoustic presentation of the work are or are intended to be made; 

3[(u) “prescribed” means,— 

(i)  in  relation  to  proceedings  before  a  High  Court,  prescribed  by  rules  made  by  the  High 

Court; and  

(ii) in other cases, prescribed by rules made under this Act;] 

4[(uu) “producer”, in relation to a cinematograph film or sound recording, means a person who 

takes the initiative and responsibility for making the work;] 

5* 

6* 

* 

* 

* 

* 

* 

* 

* 

* 

7[(x) “reprography” means the making of copies of a work, by photocopying or similar means; 

 8[(xa) “Right Management Information” means,— 

(a) the title or other information identifying the work or performance; 

(b) the name of the author or performer; 

(c) the name and address of the owner of rights; 

(d) terms and conditions regarding the use of the rights; and 

(e) any number or code that represents the information referred to in sub-clauses (a) to (d), 

but does not include any device or procedure intended to identify the user.] 

(xx) “sound recording” means a recording of sounds from which such sounds may be produced 
regardless of the medium on which such recording is made or the method by which the sounds are 
produced;] 

 7[(xxa)  “visual  recording”  means  the  recording  in  any  medium,  by  any  method  including  the 
storing of it by any electronic means, or moving images or of the representations thereof, from which 
they can be perceived, reproduced or communicated by any method.] 

(y) “work” means any of the following works, namely:— 

(i) a literary, dramatic, musical or artistic work; 

(ii) a cinematograph film; 

(iii)  2[sound recording]; 

(z)  “work  of  joint  authorship”  means  a  work  produced  by  the  collaboration  of  two  or  more 
authors  in  which  the  contribution  of  one  author  is  not  distinct  from  the  contribution  of  the  other 
author or authors; 

(za) “work of sculpture” includes casts and models. 

1. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984). 
2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 
3. Subs. by Act 33 of 2021, s. 10, for clause (u) (w.e.f. 4-4-2021). 
3. Ins. by s. 2, ibid. (10-5-1995). 
4. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9-8-1984). 
5. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995). 
6.  Subs. by s. 2, ibid., for clause (x) (w.e.f. 10-5-1995). 
7. Ins. by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012). 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[3.  Meaning  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 the public.] 

4.  When  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, without the licence of the owner of the copyright. 

 5.  When  work  deemed  to  be  first  published  in  India.—For  the  purposes  of  this  Act,  a  work 
published  in  India  shall  be  deemed  to  be  first  published  in  India,  notwithstanding  that  it  has  been 
published  simultaneously  in  some  other  country,  unless  such  other  country  provides  a  shorter  term  of 
copyright  for  such  work;  and  a  work  shall  be  deemed  to  be  published  simultaneously  in  India  and  in 
another country if the time between the publication in India and the publication in such other country does 
not exceed thirty days or such other period as the Central Government may, in relation to any specified 
country, determine. 

2[6. Certain disputes to be decided by 3[Commercial Court].—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 respect of that work under this Act, 

it shall be referred to the 3[Commercial Court] 4***: 

Provided that if in the opinion of the 3[Commercial Court], 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.] 

7. Nationality 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 this Act, be deemed to be a citizen 
of,  or  domiciled  in,  that  country  of  which  he  was  a  citizen  or  wherein  he  was  domiciled  during  any 
substantial part of that period. 

8. Domicile 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 II 

COPYRIGHT OFFICE 5*** 

9.  Copyright  Office.—(1)  There  shall  be  established  for  the  purposes  of  this  Act  an  office  to  be 

called the Copyright Office. 

(2)  The  Copyright  Office  shall  be  under  the  immediate  control  of  the  Registrar  of  Copyrights  who 

shall act under the superintendence and direction of the Central Government. 

(3) There shall be a seal for the Copyright Office. 

10. Registrar 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 Copyrights shall discharge under the superintendence and direction of the 
Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to 
time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference 
to a Deputy Registrar of Copyrights when so discharging any such functions. 

1. Subs. by Act 38 of 1994, s. 3, for section 3 (w.e.f. 10-5-1995). 
2. Subs. by s. 4, ibid., for section 6 (w.e.f. 10-5-1995). 
3. Subs. by Act 33 of 2021, s. 10, for “Appellate Board” (w.e.f. 4-4-2021). 
4. The words and figures  “constituted under section 11 whose decision thereon shall be final”  omitted by Act 33 of 2021, s. 10 

(w.e.f. 4-4-2021). 

5. The words “AND APPELLATE BOARD” omitted by s. 10, ibid. (w.e.f. 4-4-2021). 

9 

 
                                                           
11.  [Appellate  Board.]  Omitted  by  the  Tribunal  Reforms  Act,  2021  (33  of  2021),  s.  10                           

(w.e.f. 4-4-2021). 

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

CHAPTER III 

COPYRIGHT 

13. Works in which copyright subsists.—(1) Subject to the provisions of this section and the other 
provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to 
say,— 

(a) original literary, dramatic, musical and artistic works; 

(b) cinematograph films; and 

(c) 1[sound recording]. 

(2)  Copyright  shall  not  subsist  in  any  work  specified  in  sub-section  (1),  other  than  a  work  to 

which the provisions of section 40 or section 41 apply, unless— 

(i) in the case of a published work, the work is first published in India, or where the work is 
first published outside India, the author is at the date of such publication, or in a case where the 
author was dead at that date, was at the time of his death, a citizen of India; 

(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the 

date of making of the work a citizen of India or domiciled in India; and 

(iii) in the case of a 2[work of architecture], the work is located in India. 

Explanation.—In  the  case  of  a  work  of  joint  authorship,  the  conditions  conferring  copyright 

specified in this sub-section shall be satisfied by all the authors of the work. 

(3) Copyright shall not subsist— 

(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright 

in any other work; 

(b) in any 3[sound recording] made in respect of a literary, dramatic or musical work, if in making 

the 1[sound recording], copyright in such work has been infringed. 

(4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any 

work  in  respect  of  which  or  a  substantial  part  of  which,  the  film,  or,  as  the  case  may  be,  the                    
1[sound recording] is made. 

(5) In the case of a 4[work of architecture], copyright shall subsist only in the artistic character and 

design and shall not extend to processes or methods of construction. 

5[14.  Meaning  of  copyright.—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 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; 

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. 2, ibid., for “record” (w.e.f. 10-5-1995). 
4. Subs. by s. 2, ibid., for “architectural work of art” (w.e.f. 10-5-1995). 
5. Subs. by s. 7, ibid., for section 14 (w.e.f. 10-5-1995). 

10 

 
                                                           
(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); 

1[(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,— 

2[(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,— 

3[(i) to make a copy of the film, including— 

(A) a photograph of any image forming part thereof; or 

(B) storing of it in any medium by electronic or other means;]  

4[(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  5[including storing of it in any medium 

by electronic or other means]; 

6[(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 7*** 8[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 

1. Subs. by Act 49 of 1999, s. 3, for sub-clause (ii) (w.e.f. 15-1-2000). 
2. Subs. by Act 27 of 2012, s. 5, for clause (c) (w.e.f. 21-6-2012). 
3. Subs. by s. 5, ibid., for clause (d) (w.e.f. 21-6-2012). 
4. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 21-6-2012). 
5. Ins. by s. 5, ibid. (w.e.f. 21-6-2012). 
6. Subs. by s. 5, ibid., for  sub-clause (ii) (w.e.f. 21-6-2012). 
7. The words “Indian Patents and” omitted by Act 23 of 1983, s. 7 (w.e.f. 9-8-1984). 
8. Subs. by Act 27 of 2012, s. 6, for “Designs Act, 1911 (2 of 1911)” (w.e.f. 21-6-2012). 

11 

 
                                                           
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; 

(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. 

1. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984). 

12 

 
                                                           
1[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. 

 2[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 
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.—3[(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. 

 4[(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 5[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. 

1. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21-6-202). 
2. Ins. by s. 8, ibid. (w.e.f. 21-6-2012). 
3. Section 19 re-numbered as sub-section (1) thereof by Act 23 of 1983, s. 9 (w.e.f. 9-8-1984). 
4. Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10-5-1995). 
5. Subs. by Act 27 of 2012, s. 9, for “royalty payable” (w.e.f. 21-6-2012). 

13 

 
                                                           
(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]. 

1[(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.] 

2[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 3[Commercial Court] 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  3[Commercial  Court] 
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  3[Commercial Court] 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: 

4[Provided further that, pending the disposal of an application for revocation of assignment under  this 
sub-section, the  3[Commercial Court] 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.] 

5[(3) Every complaint received under sub-section (2) shall be dealt with by the  3[Commercial Court] 
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 
3[Commercial Court] 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 6[the Registrar 

1. Ins. by Act 27 of 2012, s. 9 (w.e.f. 21-6-2012). 
2. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10-5-1995). 
3. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021). 
4. Subs. by s. 10, for “Provided further that” (w.e.f. 21-6-2012). 
5. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012). 
6. Subs. by s. 11, ibid., for “Registrar of Copyright” (w.e.f. 21-6-2012). 

14 

 
                                                           
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. 

1[(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 
2***  published  within  the  lifetime  of  the  author  until 3[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 3[sixty years] from the beginning of the calendar year next following the year 
in which the author dies. 

(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. 

1. Ins. by s. 11, ibid. (w.e.f. 21-6-2012). 
2. The brackets and words “(other than a photograph)” omitted by Act 27 of 2012, s. 12 (w.e.f. 21-6-2012). 
3. Subs. by Act 13 of 1992, s. 2, for “fifty years” (w.e.f. 28-10-1991). 

15 

 
                                                           
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[Commercial Court] 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. 

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 3[sixty years] from the beginning of 
the calendar year next following the year in which the work is first published. 

5[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 3[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 3[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  of  the 
prospective owner of the copyright in any future work  may  grant any interest in the right by licence in 
6[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. 

1. Subs. by Act 33 of 2021, s.21, for “Appellate Board” (w.e.f. 4-4-2021). 
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). 
5. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1984). 
6. Subs. by Act 27 of 2012, s. 14, for “writing signed by him” (w.e.f. 21-6-2012). 

16 

 
                                                           
1[30A.  Application  of  2[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  3[any  work]  which  has  been  published  or  performed  in  public, a  complaint is  made  to the         
4[Commercial Court] 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 5[broadcast] of such work or in the case 
of  a   6[sound  recording]  the  work  recorded  in  such 6[sound  recording],  on  terms  which  the 
complainant considers reasonable, 

the 4[Commercial Court], 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  
5[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 4[Commercial Court] may determine; and thereupon 
the Registrar of Copyrights shall grant the  7[licence to such person or persons who, in the opinion of the 
4[Commercial Court], is or are qualified to do so] in accordance with the directions of the 4[Commercial 
Court], on payment of such fee as may be prescribed. 

8* 

9* 

* 

* 

* 

* 

* 

* 

*. 

*. 

10[31A. Compulsory licence in unpublished  11[or published works].—12[(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  4[Commercial Court] 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 4[Commercial Court] 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  4[Commercial Court] may 
determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance 
with the direction of the 4[Commercial Court]. 

1. Ins. by Act 38 of 1994, s. 10 (w.e.f. 10-5-1995). 
2. Subs. by Act 27 of 2012, s. 15, for “section 19 and 19A” (w.e.f. 21-6-2012). 
3. Subs. by s. 16, ibid., for “any Indian work” (w.e.f. 21-6-2012). 
4. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
5. Subs. by Act 23 of 1994, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984). 
6. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 
7. Subs. by Act 27 of 2012, s. 16, for “licence to the complainant” (w.e.f. 21-6-2012). 
8. The Explanation omitted by Act 27 of 2012, s. 16  (w.e.f. 21-6-2012). 
9. Omitted by s. 16, ibid. (w.e.f. 21-6-2012). 
10. Ins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984). 
11. Subs. by Act 27 of 2012, s. 17, for “Indian works” (w.e.f. 21-6-2012). 
12. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 21-6-2012). 

17 

 
 
 
 
 
 
 
 
     
 
 
 
 
 
 
 
 
                                                           
(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  1[Commercial  Court]  in  the  public 
account of India or in any other account specified by the  1[Commercial Court] 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 
sub-section  (6),  the1[Commercial  Court]  may,  on  an  application  made  by  any  person  for  permission  to 
publish  the  work  and  after  hearing  the  parties  concerned,  permit  such  publication  on  payment  of  such 
royalty as the  1[Commercial Court] may, in the circumstances of such case, determine in the prescribed 
manner.] 

2[31B.  Compulsory  licence  for  benefit  of  disabled.—(1)  Any  person  working  for  the  benefit  of 
persons with disability on a profit basis or for business may apply to the  1[Commercial Court], in such 
form  and  manner  and  accompanied  by  such  fee  as  may  be  prescribed,  for  a  compulsory  licence  to 
published any work in which copyright subsists for the benefit of such persons, in a case to which clause 
(zb)  of sub-section (1)  of  section  52 does  not apply  and  the  1[Commercial  Court]  shall dispose  of such 
application within a period of two months from the receipt of the application. 

(2)  The  1[Commercial  Court]  may,  on  receipt  of  an  application  under  sub-section  (1),  inquire,  or 
direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself  
that the application has been made in good faith. 

(3)  If  the  1[Commercial  Court]  is  satisfied,  after  giving  to  the  owners  of  rights  in  the  work  a 
reasonable  opportunity  of  being  heard  and  after  holding  such  inquiry  as  it  may  deem  necessary,  that  a 
compulsory  licence  needs  to  be  issued  to  make  the  work  available  to  the  disabled,  it  may  direct  the 
Registrar of Copyright to grant to the applicant such a licence to publish the work. 

(4)  Every  compulsory  licence  issued  under  this  section  shall  specify  the  means  and  format  of 
publication, the period during which the compulsory licence may be exercised and, in the case of issue of 
copies, the number of copies that may be issued including the rate or royalty: 

Provided that where the  1[Commercial Court] issued such a compulsory licence it may, on a further 
application  and  after  giving  reasonable  opportunity  to  the  owners  of  rights,  extend  the  period  of  such 
compulsory  licence and allow the issue of more copies as it may deem fit. 

31C.  Statutory  licence  for  cover  versions.—(1)  Any  person  desirous  of  making  a  cover  version, 
being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of 
that work have been made by or with the licence or consent of the owner of the right in the work, may do 
so subject to the provisions of this section: 

Provided  that  such  sound  recordings  shall  be  in  the  same  medium  as  the  last  recording,  unless  the 

medium of the last recording is no longer in current commercial use. 

(2) The person making the sound recordings shall give prior notice of his intention to make the sound 
recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with 
which  the  sound  recordings  are  to  be  sold,  and  pay  in  advance,  to  the  owner  of  rights  in  each  work 
royalties in respect of all copies to be made by him, at the rate fixed by  the  1[Commercial Court] in this 
behalf: 

Provided that such sound recordings shall not be sold or issued in any form of packaging or with any 
cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall 
not contain the name or depict in any way any performer of an earlier sound recording of the same work 

1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
2. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012). 

18 

 
                                                           
or  any  cinematograph  film  in  which  sound  recording  was  incorporated  and,  further,  shall  state  on  the 
cover that it is a cover version made under this section. 

(3) The person making such sound recordings shall not make any alteration in the literary or musical 
work which has not been made previously by or with the consent of the owner of rights, or which is not 
technically necessary for the purpose of making the sound recordings: 

Provided that such sound recordings shall not be made until the expiration of five calendar years after 

the end of the year in which the first sound recordings of the work was made. 

(4)  One royalty  in  respect of  such sound recordings  shall  be  paid  for  a  minimum  of  fifty  thousand 

copies of each work during each calendar year in which copies of it are made: 

Provided  that  the  1[Commercial  Court]  may,  by  general  order,  fix  a  lower  minimum  in  respect  of 

works in a particular language or dialect having regard to the potential circulation of such works. 

(5) The person making such sound recordings shall maintain such registers and books of account in 
respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of 
rights or his duly authorised agent or representative to inspect all records and books of account relating to 
such sound recording: 

Provided that if on a complaint brought before the 1[Commercial Court] 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 
section, the  1[Commercial Court] is, prima facie, 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 may deem fit, including 
an order for payment of royalty. 

Explanation.—For  the  purposes  of  this  section  “cover  version”  means  a  sound  recording  made  in 

accordance with this section. 

31D.  Statutory 

licence  for  broadcasting  of 

literary  and  musical  works  and  sound                        

recording.—(1)  Any  broadcasting  organisation  desirous  of  communicating  to  the  public  by  way  of  a 
broadcast or by way of performance of a literary or musical work and sound recording which has already 
been published may  do so subject to the provisions of this section. 

(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its 
intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay 
to the  owner  of  rights in  each  work  royalties in  the manner  and  at the  rate fixed  by  the  1[  Commercial 
Court]. 

(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 

1[Commercial Court] shall fix separate rates for radio broadcasting and television broadcasting. 

(4) In fixing the manner and the rate of royalty under sub-section (2), the  1[Commercial Court] may 

require the broadcasting organisation to pay an advance to the owners of rights. 

(5)  The  names  of  the  authors  of  the  principal  performers  of  the  work  shall,  except  in  case  of  the 
broadcasting  organisation  communicating  such  work  by  way  of  performance,  be  announced  with  the 
broadcast. 

(6)  No  fresh  alteration  to  any  literary  or  musical  work,  which  is  not  technically  necessary  for  the 
purpose  of  broadcasting,  other  than  shortening  the  work  for  convenience  of  broadcast,  shall  be  made          
without the consent of the owners of rights. 

(7) The broadcasting organisation shall— 

 (a) maintain such records and books of account, and render to the owners of rights such reports 

and accounts; and 

(b) allow the owner of rights or his duly authorised agent or representative to inspect all records 

and books of account relating to such broadcast, 

1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 

19 

 
                                                           
in such manner as may be prescribed. 

(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered 

into before the commencement of the Copyright (Amendment) Act, 2012.] 

32. Licence to produce and publish translations.—(1) Any person may apply to the 1[Commercial 
Court]  for  a  licence  to  produce  and  publish  a  translation  of  a  literary  or  dramatic  work  in  any 
language 2[after a period of seven years from the first publication of the work]. 

2[(1A)  Notwithstanding  anything  contained  in  sub-section  (1),  any  person  may  apply  to  the 
1[Commercial Court] for a licence to produce and publish a translation, in printed or analogous forms of 
reproduction, of a literary or dramatic work, other than an Indian work, in any language in general use in 
India after a period of three years from the first publication of such work, if such translation is required 
for the purposes of teaching, scholarship or research: 

Provided  that  where  such  translation  is  in  a  language  not  in  general  use  in  any  developed  country, 

such application may be made after a period of one year from such publication. 

(2) Every 3[application under this section] shall be made in such form as may be prescribed and shall 

state the proposed retail price of a copy of the translation of the work. 

(3) Every applicant for a licence under this section shall, along with his application, deposit with the 

Registrar of Copyrights such fee as may be prescribed. 

(4) Where an application is made to the 1[Commercial Court] under this section, it may, after holding 
such  inquiry  as  may  be  prescribed,  grant  to  the  applicant  a  licence,  not  being  an  exclusive  licence,  to 
produce and publish a translation of the work in the language mentioned in 4[the application—  

(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work 
royalties in respect of copies of the translation of the work sold to the public, calculated at such rate 
as  the  1[Commercial  Court]  may,  in  the  circumstances  of  each  case,  determine  in  the  prescribed 
manner; and 

(ii)  where  such  licence  is  granted  on  an  application  under  sub-section  (1A),  subject  also  to  the 
condition that the licence shall not extend to the export of copies of the translation of the work outside 
India and every copy of such translation shall contain a notice in the language of such translation that 
the copy is available for distribution only in India: 

Provided that nothing in clause (ii) shall apply to the export by Government or any authority under 
the Government of copies of such translation in a language other than English, French or Spanish or to 
any country if— 

(1)  such  copies  are  sent  to  citizens  of  India  residing  outside  India  or  to  any  association  of  such 

citizens outside India; or 

(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any 

commercial purpose; and 

(3) in either case, the permission for such export has been given by the Government of that country:] 

5[Provided further that no licence under this section] shall be granted, unless— 

(a) a translation of the work in the language mentioned in the application has not been published 
by the owner of the copyright in the work or any person authorised by him, 6[within seven years or 
three years or one year, as the case may be, of the first publication of the work], or if a translation has 
been so published, it has been out of print; 

1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
2.  Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984). 
3.  Subs. by s. 13, ibid., for “such application” (w.e.f. 9-8-1984). 
4. Subs. by Act 23 of 1983, s. 13, for  certain words (w.e.f. 9-8-1984). 
5. Subs. by Act 23 of 1983, s. 13, for “Provided that no such licence” (w.e.f. 9-8-1984). 
6. Subs. by s. 13, ibid., for “within seven years of the first publication of the work” (w.e.f. 9-8-1984). 

20 

 
                                                           
(b) the applicant has proved to the satisfaction of the 1[Commercial Court] that he had requested 
and  had  been  denied  authorisation  by  the  owner  of  the  copyright  to  produce  and  publish  such 
translation, or that 2[he was, after due diligence on his part, unable to find] the owner of the copyright; 

(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his 
request for 3[such authorisation by registered air mail post to the publisher whose name appears from 
the  work,  and  in  the  case  of  an  application  for  a  licence  under  sub-section  (1)],  not  less  than  two 
months before 4[such application]; 

5[(cc) a period of six months in the case of an application under sub-section (1A) (not being an 
application under the proviso thereto), or nine months in the case of an application under the proviso 
to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso or 
where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of 
such copy, and the translation of the work in the language mentioned in the application has not been 
published by the owner of the copyright in the work or any person authorised by him within the said 
period of six months or nine months, as the case may be; 

(ccc) in the case of any application made under sub-section (1A)— 

(i) the name of the author and the title of the particular edition of the work proposed to be 

translated are printed on all the copies of the translation; 

(ii)  if  the  work  is  composed  mainly  of  illustrations,  the  provisions  of  section  32A  are  also 

complied with;] 

(d) the 1[Commercial Court] is satisfied that the applicant is competent to produce and publish a 
correct  translation  of  the  work  and  possesses  the  means  to  pay  to  the  owner  of  the  copyright  the 
royalties payable to him under this section; 

(e) the author has not withdrawn from circulation copies of the work; and 

(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in 

the work. 

6[(5) Any broadcasting authority may apply to the  1[Commercial Court] for a licence to produce and 

publish the translation of— 

(a)  a  work  referred  to  in  sub-section  (1A)  and  published  in  printed  or  analogous  forms  of 

reproduction; or 

(b) any text incorporated in audio-visual fixations prepared and published solely for the purpose 

of systematic instructional activities, 

for  broadcasting  such translation for the  purposes  of  teaching  or  for the  dissemination  of the results  of 
specialised, technical or scientific research to the experts in any particular field. 

(6)  The  provisions  of  sub-sections  (2)  to  (4)  in  so  far  as  they  are  relatable  to  an  application  under  

sub-section  (1A),  shall,  with  the  necessary  modifications,  apply  to  the  grant  of  a  licence  under                   
sub-section (5) and such licence shall not also be granted unless— 

(a) the translation is made from a work lawfully acquired; 

(b) the broadcast is made through the medium of sound and visual recordings; 

(c)  such  recording  has  been  lawfully  and  exclusively  made  for  the  purpose  of  broadcasting  in 

India by the applicant or by other broadcasting agency; and 

1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
2. Subs. by s. 13, ibid., for “he was unable to find” (w.e.f. 9-8-1984). 
3. Subs. by s. 13, ibid., for “such authorisation to the publisher whose name appears from the work” (w.e.f. 9-8-1984). 
4. Subs. by s. 13, ibid., for “the application for the licence” (w.e.f. 9-8-1984). 
5. Ins. by s. 13, ibid. (w.e.f. 9-8-1984). 
6. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984). 

21 

 
                                                           
 
(d)  the  translation  and  the  broadcasting  of  such  translation  are  not  used  for  any  commercial 

purposes. 

Explanation.—For the purposes of this section,— 

(a) “developed country” means a country which is not a developing country; 

(b)  “developing  country”  means  a  country  which  is  for  the  time  being  regarded  as  such  in 

conformity with the practice of the General Assembly of the United Nations; 

(c)  “purposes  of  research”  does  not  include  purposes  of  industrial  research,  or  purposes  of 
research by bodies corporate (not being bodies corporate owned or controlled by Government) or 
other association or body of persons for commercial purposes; 

(d) “purposes of teaching, research or scholarship” includes— 

(i)  purposes  of  instructional  activity  at  all  levels  in  educational,  institutions,  including 

Schools, Colleges, Universities and tutorial institutions; and 

(ii) purposes of all other types of organised educational activity.] 

1[32A.  Licence  to  reproduce  and  publish  works  for  certain  purposes.—(1)  Where,  after  the 
expiration of the relevant period from the date of the first publication of an edition of a literary, scientific 
or artistic work,— 

(a) the copies of such edition are not made available in India; or 

(b) such copies have not been put on sale in India for a period of six months,  

to the public, or in connection with systematic instructional activities at a price reasonably related to that 
normally  charged  in  India  for  comparable  works  by  the  owner  of  the  right  of  reproduction  or  by  any 
person authorised by him in this behalf, any person may apply to the 2[Commercial Court] for a licence to 
reproduce and publish such work in printed or analogous forms of reproduction at the price at which such 
edition is sold or at a lower price for the purposes of systematic instructional activities. 

(2)  Every  such  application  shall  be  made  in  such  form  as  may  be  prescribed  and  shall  state  the 

proposed retail price of a copy of the work to be reproduced. 

(3) Every applicant for a licence under this section shall, along with his application, deposit with the 

Registrar of Copyrights such fee as may be prescribed. 

(4) Where an application is made to the 2[ Commercial Court] under this section, it may, after holding 
such  inquiry  as  may  be  prescribed,  grant  to  the  applicant  a  licence,  not  being  an  exclusive  licence,  to 
produce  and  publish  a  reproduction  of  the  work  mentioned  in  the  application  subject  to  the  conditions 
that,— 

(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies 
of the reproduction of the work sold to the public, calculated at such rate as the  2[Commercial Court] 
may, in the circumstances of each case, determine in the prescribed manner; 

(ii) a licence granted under this section shall not extend to the export of copies of the reproduction 
of the work outside India and every copy of such reproduction shall contain a notice that the copy is 
available for distribution only in India: 

Provided that no such licence shall be granted unless— 

(a)  the  applicant  has  proved  to  the  satisfaction  of  the  2[Commercial  Court]  that  he  had 
requested  and  had  been  denied  authorisation  by  the  owner  of  the  copyright  in  the  work  to 
reproduce and publish such work or that he  was, after due diligence on his part, unable to find 
such owner; 

1. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984). 
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 

22 

 
                                                           
(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of 
his request for such authorisation by registered air-mail post to the publisher whose name appears 
from the work not less than three months before the application for the licence; 

(c)  the  1[Commercial  Court]  is  satisfied  that  the  applicant  is  competent  to  reproduce  and 
publish  an accurate  reproduction  of the  work  and  possesses the  means  to  pay  the  owner  of  the 
copyright the royalties payable to him under this section; 

(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed 
by  the  1[Commercial  Court],  being  a  price  reasonably  related  to  the  price  normally  charged  in 
India for works of the same standard on the same or similar subjects; 

(e) a period of six months in the case of an application for the reproduction and publication of 
any  work  of  natural  science,  physical  science,  mathematics  or  technology,  or  a  period  of  three 
months in the case of an application for the reproduction and publication of any other work, has 
elapsed from the date of making the request under clause (a), or where a copy of the request has 
been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has 
not been published by the owner of the copyright in the work or any person authorised by him 
within the said period of six months or, three months, as the case may be; 

(f) the name of the author and the title of the particular edition of the work proposed to be 

reproduced are printed on all the copies of the reproduction; 

(g) the author has not withdrawn from circulation copies of the work; and 

(h)  an  opportunity  of  being  heard  is  given,  wherever  practicable,  to  the  owner  of  the 

copyright in the work. 

(5) No licence to reproduce and publish the translation of a work shall be granted under this section 
unless  such  translation  has  been  published  by  the  owner  of  the  right  of  translation  or  any  person 
authorised by him and the translation is not in a language in general use in India. 

(6) The provisions of this section shall also apply to the reproduction and publication, or translation 
into  a language  in  general  use  in  India,  of  any  text  incorporated  in  audio-visual fixations  prepared  and 
published solely for the purpose of systematic instructional activities. 

Explanation.—For  the  purpose  of  this  section,  “relevant  period”,  in  relation  to  any  work, 

means a period of— 

(a) seven years from the date of the first publication of that work, where the application is 
for  the  reproduction  and  publication  of  any  work  of,  or  relating  to,  fiction,  poetry,  drama, 
music or art; 

(b) three years from the date of the first publication of that work, where the application is 
for the reproduction and publication of any work of, or relating to, natural science, physical 
science, mathematics or technology; and 

(c) five years  from the date of the first publication of that work, in any other case. 

32B. Termination of licences issued under this Chapter.—(1) If, at any time after the granting of a 
licence  to  produce  and  publish  the  translation  of  a  work  in  any  language  under  sub-section  (1A)  of  
section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright in the 
work  or  any  person  authorised  by  him  publishes  a  translation  of  such  work  in  the  same  language  and 
which is substantially the same in content at a price reasonably related to the price normally charged in 
India  for  the  translation  of  works  of  the  same  standard  on  the  same  or  similar  subject,  the  licence  so 
granted shall be terminated: 

Provided that no such termination shall take effect until after the expiry of a period of three months 
from the date of service of a notice in the prescribed manner on  the person holding such licence by the 
owner of the right of translation intimating the publication of the translation as aforesaid: 

1. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 

23 

 
                                                           
 
Provided further that copies of the licensed work produced and published by the person holding such 
licence before the termination of the licence takes effect may continue to be sold or distributed until the 
copies already produced and published are exhausted. 

(2) If, at any time after the granting of a licence to produce and publish the reproduction or translation 
of any work under section 32A, the owner of the right of reproduction or any person authorised by him 
sells or distributes copies of such work or a translation thereof, as the case may be, in the same language 
and which is substantially the same in content at a price reasonably related to the price normally charged 
in  India  for  works  of  the same  standard  on  the  same  or  similar  subject, the licence  so  granted  shall  be 
terminated: 

Provided that no such termination shall take effect until after the expiry of a period of  three months 
from  the  date  of  service  of  a  notice  in  the  prescribed  manner  on  the  person  holding  the  licence  by  the 
owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work 
as aforesaid: 

Provided  further  that  any  copies  already  reproduced  by  the  licensee  before  such  termination  takes 

effect may continue to be sold or distributed until the copies already produced are exhausted.] 

1[CHAPTER VII 
COPYRIGHT SOCIETIES 
33. Registration 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  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 the registered 
copyright society: 

2[Provided  further  that  the  business  of  issuing  or  granting  license  in  respect  of  literary,  dramatic, 
musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out 
only through a copyright society duly registered under this Act: 

Provided  also]  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 
(38 of 1994) shall be deemed to be a copyright society for the purposes of this Chapter and every such 
society  shall  get  itself  registered  within  a  period  of  one  year  form  the  date  of  commencement  of  the 
Copyright (Amendment) Act, 1994. 

(2)  Any  association  of  persons  who  fulfils  such  conditions  as  may  be  prescribed  may  apply  for 
permission to do the business specified in sub-section (1) 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 be prescribed: 

Provided that the Central Government shall not ordinarily register more than one copyright society to 

do business in respect of the same class of Works. 

3[(3A) The registration  granted  to  a  copyright  society under  sub-section  (3)  shall  be  for a  period  of 
five years and may be renewed from time to time before the end of every five years on a request in the 
prescribed form and the Central Government may renew the registration after considering the report of 
Registrar of Copyright on the working of the copyright society under section 36: 

1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10-5-1995). 
2. Subs. by Act 27 of 2012, s. 19, for “Provided that” (w.e.f. 21-6-2012). 
3. Ins. by Act 27 of 2012, s. 19 (w.e.f. 21-6-2012). 

24 

 
                                                           
Provided that the renewal of the registration of a copyright society shall be subject to the continued 
collective  control  of  the  copyright  society  being  shared  with  the  authors  of  works  in  their  capacity  as 
owners of copyrights or of the right to receive royalty: 

Provided further that every copyright society already registered before  the coming into force of the 
Copyright  (Amendment)  Act,  2012  (27  of  2012)  shall  get  itself  registered  under  this  Chapter  within  a 
period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.]  

(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  1[authors  and  other  owners  of  rights]  concerned,  cancel  the 
registration of such society after such inquiry as may be prescribed. 

(5) If the Central Government is of the opinion that in the interest of the 2[authors and other owners of 

rights]  concerned  1[or  for  non-compliance  of  sections  33A,  sub-section  (3)  of  section  35  or  and             
section 36 of any change carried out in the instrument by which the copyright society is established or 
incorporated and registered by the Central Government without prior notice to it], is necessary so to do it 
may, by order suspend the registration of such society pending inquiry for such 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 society. 

2[33A.  Tariff  Scheme  by  copyright  societies.—(1)  Every  copyright  society  shall  publish  its  tariff 

scheme in such manner as may be prescribed. 

(2) Any person who is aggrieved by the tariff scheme may appeal to the 3[Commercial Court] and the 
Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may 
be required to remove any unreasonable element, anomaly or inconsistency therein: 

Provided that the aggrieved person shall pay to the copyright society any fee as  may be prescribed 
that has fallen due before making an appeal to the 3[Commercial Court] and shall continue to pay such fee 
until  the  appeal  is  decided,  and  the  Board  shall  not  issue  any  order  staying  the  collection  of  such  fee 
pending disposal of the appeal: 

Provided further that the  3[Commercial Court] may after hearing the parties fix an interim tariff and 

direct the aggrieved parties to make the payment according pending disposal of the appeal.] 

34.  Administration  of  rights  of  owner  by  copyright  society.—(1)  Subject  to  such  conditions  as 

may be prescribed,— 

(a)  a  copyright  society  may  accept  from  an  4[author    and  other  owners  of  right]  exclusive 
authorisation to administer any right in any work by issue of licences or collection of licence fees or 
both; and 

(b)  an  1[author    and  other  owners  of  right]  shall  have  the  right  to  withdraw  such  authorisation 

without prejudice to the rights of the copyright society under any contract. 

(2) It shall be competent 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: 

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 section 30 in respect of any rights under this Act; 

(ii) collect fees in pursuance of such licences; 

1. Subs. by Act 27 of 2012, s. 19, for “owner of rights” (w.e.f. 21-6-2012). 
2. Ins. by s. 20, ibid. (w.e.f. 21-6-2012). 
3. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
4. Subs. by Act 27 of 2012, s. 21, for “owner of rights” (w.e.f. 21-6-2012). 

25 

 
                                                           
(iii) distribute such fees among  1[author  and other owners of right] after making deductions for 

its own expenses; 

(iv) perform any other functions consistent with the provisions of section 35. 

34A. [Payment of remunerations by copyright society.] Omitted by the Copyright (Amendment) Act, 

2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012). 

35.  Control  over  the  copyright  society  by  the  1[author  and  other  owners  of  right].—(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  2[author  and  other  owners  of  right]  under  this  Act  administered  by  a 
foreign society or organisation referred to in sub-section (2) of section 34) and shall, in such manner as 
may be 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 the 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  2[author  and  other  owners  of  right]  shall,  as  far  as  may  be,  be 

distributed in proportion to the actual use of their works. 

2[(3) Every copyright society shall have a governing body with such number of persons elected from 
among  the  members  of  the  society  consisting  of  equal  number  of  authors  and  owners  of  work  for  the 
purpose of the administration of the society as may be specified. 

(4)  All  members  of  copyright  society  shall  enjoy  equal  membership  rights  and  there  shall  be  no 

discrimination between authors and owners of rights in the distribution of royalties.] 

36.  Submission  of  returns  and  reports.—(1)  Every  copyright  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  of  any  copyright  society  for  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 of this Act. 

36A. Rights and liabilities of performing rights societies.—Nothing in this Chapter shall affect any 
rights  or  liabilities  in  any  work  in  connection  with  a  3[copyright  society]  which  had  accrued  or  were 
incurred on or before the day prior to the commencement of 4[the Copyright (Amendment) Act, 2012], or 
any legal proceedings in respect of any such rights or liabilities pending on that day.] 

5[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS] 

CHAPTER VIII 

6[37. Broadcast reproduction right.—(1) Every broadcasting organisation shall have a special right 

to be known as “broadcast reproduction right” in respect of its broadcasts. 

(2) The broadcast  reproduction right shall  subsist until twenty-five  years  from  the beginning  of the 

calendar year next following the year in which the broadcast is made. 

1. Subs. by Act 27 of 2012, s. 23, for “owner of rights” (w.e.f. 21-6-2012). 
2. Ins. by s. 23, ibid. (w.e.f. 21-6-2012). 
3. Subs. by s. 24, ibid., for “performing rights society” (w.e.f. 21-6-2012). 
4. Subs. by s. 24, ibid., for “the Copyright (Amendment) Act, 1994 (38 of 1994)” (w.e.f. 21-6-2012). 
5. Subs. by Act 38 of 1994, s. 12, for “RIGHTS OF BROADCASTING AUTHORITIES” (w.e.f. 10-5-1995). 
6. Subs. by s. 13, ibid., for  section 37  (w.e.f. 10-5-1995). 

26 

 
                                                           
(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person 
who, without the licence of the owner of the right does any of the following acts of the broadcast or any 
substantial part thereof,— 

(a) re-broadcast the broadcast; or 

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or 

(c) makes any sound recording or visual recording of the broadcast; or 

(d)  makes  any  reproduction  of  such  sound  recording  or  visual  recording  where  such  initial 
recording was done without licence or, where it was licensed, for any purpose not envisaged by such 
licence; or 

1[(e)  sells  or  given  on  commercial  rental  or  offer  for  sale  or  for  such  rental,  may  such  sound 

recording or visual recording referred to in clause (c) or clause (d)].] 

2[38. Performer’s right.—(1) Where any performer appears or engages in any performance, he shall 

have a special right to be known as the “performer’s right” in relation to such performance. 

(2) The performer’s right shall subsist until 3[fifty years] from the beginning of the calendar year next 

following the year in which the performance is made. 

4* 

* 

* 

* 

*] 

5[38A. Exclusive right of performers.—(1) Without prejudice to the rights conferred on authors, the 
performer’s right which is an exclusive right subject to the provisions of this Act to do or authorise for 
doing any of the following acts in respect of the performance or any substantial part thereof, namely:— 

(a) to make a sound recording or a visual recording of the performance, including— 

 (i)  reproduction  of  it  in  any  material  form  including  the  storing  of  it  in  any  medium  by 

electronic or any other means; 

(ii) issuance of copies of it in any material form including the storing of it in any medium by 

electronic or any other means; 

(iii) communication of it to the public; 

(iv)  selling  or  giving  it  on commercial  rental  or  offer  for  sale  or for  commercial  rental any 

copy or the recording; 

(b) to broadcast or communicate the performance to the public except where the performance is 

already broadcast. 

(2) Once a performer has, by written agreement, consented to the incorporation of his performance in 
a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment 
by the producer of the film of the performer’s right in the same film:  

Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled 

for royalties in case of making of the performances for commercial use. 

38B. Moral rights of the performer.—The performer of a performance shall, independently of his 

right after assignment, either wholly or partially of his right, have the right,— 

(a)  to  claim  to  be  identified  as  the  performer  of  his  performance  except  where  omission  is 

dictated by the manner  of the use of the performance; and 

(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his 

performance that would be prejudicial to his reputation. 

1. Subs. by Act 27 of 2012, s. 25, for clause (e) (w.e.f. 21-6-2012). 
2. Subs. by Act 38 of 1994, s. 14, for section 38 (w.e.f. 10-5-1995). 
3. Subs. by 49 of 1999, s. 4, for “twenty-five years” (w.e.f. 15-1-2000). 
4. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21-6-2012). 
5. Ins. by s. 27, ibid. (w.e.f. 21-6-2012). 

27 

 
 
 
 
 
 
 
 
 
                                                           
Explanation.—For the purpose of this clause, it is already clarified that mere removal of any portion 
of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other 
modification  required  for  purely  technical  reasons  shall  not    be  deemed  to  be  prejudicial  to  the 
performer’s reputation.] 

1[39.  Acts  not  infringing  broadcast  reproduction  right  or  performer’s  right.—No  broadcast 

reproduction right or performer's right shall be deemed to be infringed by— 

(a)  the  making  of  any  sound  recording  or  visual  recording  for  the  private  use  of  the  person 

making such recording, or solely for purposes of bona fide teaching or research; or 

(b)  the  use,  consistent  with  fair  dealing,  of  excerpts  of  a  performance  or  of  a  broadcast  in  the 

reporting of current events or for bona fide review, teaching or research; or 

(c)  such  other  acts,  with  any  necessary  adaptations  and  modifications,  which  do  not  constitute 

infringement of copyright under section 52. 

2[39A.  Certain  provisions  to  apply  in  case  of  broadcast  reproduction  right  and  performer’s 
rights.—Sections 18, 19, 30,  30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B  and 66 shall, 
with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any 
broadcast and the performer's right in any performance as they apply in relation to copyright in a work: 

Provided  that  where  copyright  to  performer’s  right  subsists  in  respect  of  any  work  or  performance 
that has been broadcast, no licence to reproduce such broadcast, shall  be given without the consent of the 
owner of rights or performer, as the case may be, or both of them: 

Provided  further  that  the  broadcast  reproduction  right  or  performer’s  right  shall  not  subsist  in  any 
broadcast  or  performance  if  that  broadcast  or  performance  is  an  infringement  of  the  copyright  in  any 
work. 

 (2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in 

any work in respect of which, the broadcast or the performance, as the case may be, is made.] 

CHAPTER IX 

INTERNATIONAL COPYRIGHT 

 40.  Power  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 published in any territory outside India to which the order relates in like manner 

as if they were first published within India; 

(b) to unpublished works, or any class thereof, the authors whereof were at the time of the making 
of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if 
the authors were citizens of India; 

(c) in respect of domicile in any territory outside India to which the order relates in like manner as 

if such domicile were in India; 

(d) to any work of which the author was at the date of the first publication thereof, or, in a case 
where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign 
country to which the order relates in like manner as if the author was a citizen of India at that date or 
time; 

and thereupon, subject to the provisions of this Chapter and of the order, this Act shall apply accordingly:  

Provided that— 

(i)  before  making  an  order  under  this  section  in  respect  of  any  foreign  country  (other  than  a 
country  with  which  India  has  entered  into  a  treaty  or  which  is  a  party  to  a  convention  relating  to 
copyright to which India is also a party), the Central Government shall be satisfied that that foreign 

1. Subs. by Act 38 of 1994, s. 15, for section 39 (w.e.f. 10-5-1995). 
2. Subs. by Act 27 of 2012, s. 28, for section 39A (w.e.f. 21-6-2012). 

28 

 
                                                           
country  has  made,  or  has  undertaken  to  make,  such  provisions  if  any,  as  it  appears  to  the  Central 
Government  expedient  to  require  for  the  protection  in  that  country  of  works  entitled  to  copyright 
under the provisions of this Act; 

(ii) the order may provide that the  provisions of this Act shall apply either generally or in relation 

to such classes of works or such classes of cases as may be specified in the order; 

(iii) the order may provide that the term of copyright in India shall not exceed that conferred by 
the law of the country to which the order relates  1[but such a term or copyright shall not exceed the 
term of copyright provided under this Act]; 

(iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject 

to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order; 

(v) in applying the provisions of this Act as to ownership of copyright, the order may make such 

exception and modifications as appear necessary, having regard to the law of the foreign country; 

(vi) the order may provide that this Act or any part thereof shall not apply to works made before 
the  commencement  of  the  order  or  that  this  Act  or  any  part  thereof  shall  apply  to  works  first 
published before the commencement of the order. 

2[40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and 
performers  in  certain  other  countries.—(1)  If  the  Central  Government  is  satisfied  that  a    foreign 
country  (other  than  a  country  with  which  India  has  entered  into  a  treaty  or  which  is  a  party  to  a 
convention relating to rights of broadcasting organisations and performers to which India is also a party) 
has  made  or  has  undertaken  to  make  such  provisions,  if  any,  as  it  appears  to  the  Central  Government 
expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations 
and performers as is available under this Act, it may, by order published in the Official Gazette, direct 
that the provisions of Chapter VIII shall apply— 

(a) to  broadcasting  organisation  whose  headquarters  is  situated  in  a  country  to which the order 
relates or, the broadcast was transmitted from a transmitted situated in a country to which the order 
relates as if the headquarters of such organisation were situated in India or such broadcast were made 
from India; 

(b) to performances that took place outside India to which the  order relates in like manner as if 

they took place in India; 

(c) to performance that are incorporated in a sound recording published in  a country to which the 

order relates as if it were published in India; 

(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the 
headquarters  of  which  is  located  in  a  country  to  which  the  order  relates  or  where  the  broadcast  is 
transmitted  from  a  transmitted  which  is  situated  in  a  country  to  which  the  order  relates  as  if  the 
headquarters of such organisation were situated in India or such broadcast were made from India. 

(2) Every order made under sub-section (1) may provide that— 

(i)  the  provisions  of  Chapter  VIII,  shall  apply  either  generally  or  in  relation  to  such  class  or 
classes of broadcasts or performances or such other class or classes of cases as may be specified in 
the order; 

(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed 

such term as is conferred by the law of the country to which the order relates; 

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment 

of such conditions and formalities, if any, as may be specified in that order; 

(iv) Chapter VIII of any part thereof shall not apply to broadcast and performances made before 
the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts 
and performances broadcast or performed before the commencement of the order; 

1. Ins. by Act 27 of 2012, s. 29 (w.e.f. 21-6-2012). 
2. Ins. by Act 49 of 1999, s. 5 (w.e.f. 15-1-2000). 

29 

 
                                                           
(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of 
Chapter  VIII  shall  apply  with  such  exceptions  and    modifications  as  the  Central  Government  may, 
having regard to the law of the foreign country, consider necessary.] 

41. Provisions as to works of certain international organisations.—(1) Where— 

(a) any work is made or first published by or under the direction or control of any organisation to 

which this section applies, and 

(b) there would, apart from this section, be no copyright in the work in India at the time of the 

making or, as the case may be, of the first publication thereof, and 

(c) either— 

(i) the  work  is  published  as  aforesaid  in  pursuance  of  an  agreement  in  that  behalf  with  the 
author,  being  an  agreement  which  does  not  reserve  to  the  author  the  copyright,  if  any,  in  the 
work, or 

(ii) under section 17 any copyright in the work would belong to the organisation; 

there shall, by virtue of this section, be copyright in the work throughout India. 

(2)  Any  organisation  to  which  this  section  applies  which  at  the  material  time  had  not  the  legal 
capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity 
of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection 
with all legal proceedings relating to copyright. 

(3) The organisations to which this section applies are such organisations as the Central Government 
may,  by  order  published  in  the  Official  Gazette,  declare  to  be  organisations  of  which  one  or  more 
sovereign powers or the Government or Governments thereof are members to which it is expedient that 
this section shall apply. 

42. Power 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 authors, the Central Government may, by order published in the Official 
Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India 
shall not apply to works, published after the date specified in the order, the authors whereof are subjects 
or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall 
not apply to such works. 

1[42A.  Power  to  restrict  rights  of  foreign  broadcasting  organisations  and  performers.—If  it 
appears  to  the  Central  Government  that  a  foreign  country  does  not  give  or  has  not  undertaken  to  give 
adequate protection to rights of broadcasting organisations or performers, the Central Government may, 
by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to 
broadcasting  organisations  or  performers,  as  the  case  may  be,  shall  not  apply  to  broadcasting 
organisations or performers whereof are based or incorporated in such foreign country or are subjects or 
citizens  of  such  foreign  country  and  are  not  incorporated  or  domiciled  in  India,  and  thereupon  those 
provisions shall not apply to such broadcasting organisations or performers:] 

2[Provided that it does not exceed the period provided under this Act.] 

43. Orders 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  be  subject  to  such  modifications  as  Parliament  may  make  during  the  session  in 
which it is so laid or the session immediately following. 

1. Ins. by Act 49 of 1999, s. 6 (w.e.f. 15-1-2000). 
2. Ins. by Act 27 of 2012, s. 30 (w.e.f. 21-6-2012). 

30 

 
                                                           
CHAPTER X 

REGISTRATION OF COPYRIGHT 

44. Register 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 titles of works and the 
names and addresses of authors, publishers and owners of copyright and such other particulars as may be 
prescribed. 

45.  Entries  in  register  of  Copyrights.—(1)  The  author  or  publisher  of,  or  the  owner  of  or  other 
person  interested  in  the  copyright  in,  any  work  may  make  an  application  in  the  prescribed  form 
accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in 
the Register of Copyrights: 

1[Provided that in respect of an artistic work which is used or is capable of being used in 2[relation to 
any goods or services], the application shall include a statement to that effect and shall be accompanied 
by a certificate from the Registrar of Trade Marks referred to in 3[section 3 of the Trade Marks Act, 1999 
(47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work 
has been registered under that Act in the name of, or that no application has been made under that Act for 
such registration by, any person other than the applicant.] 

(2)  On  receipt  of  an  application  in  respect  of  any  work  under  sub-section  (1),  the  Registrar  of 
Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the 
Register of Copyrights. 

46.  Indexes.—There  shall  be  also  kept  at  the  Copyright  Office  such  indexes  of  the  Register  of 

Copyrights as may be prescribed. 

47. Form 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 take copies 
of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions 
as may be prescribed. 

 48.  Register  of  Copyrights  to  be  prima  facie  evidence  of  particulars  entered  therein.—The 
Register  of  Copyrights  shall  be  prima  facie  evidence  of  the  particulars  entered  therein  and  documents 
purporting  to  be  copies  of  any  entries  therein,  or  extracts  therefrom,  certified  by  the  Registrar  of 
Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts 
without further proof or production of the original. 

49. Correction of entries in the Register of Copyrights.—The Registrar of Copyrights may, in the 

prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by— 

(a) correcting any error in any name, address or particulars; or 
(b) correcting any other error which may have arisen therein by accidental slip or omission. 
50. Rectification of Register by 4[High Court].—The 4[High Court], on application of the Registrar 

of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by— 

(a) the making of any entry wrongly omitted to be made in  the register, or 
(b) the expunging of any entry wrongly made in, or remaining on, the register, or 
(c) the correction of any error or defect in the register. 

5[50A.  Entries  in  the  Register  of  Copyrights,  etc.,  to  be  published.—Every  entry  made  in  the 
Register  of  Copyrights  or  the  particulars  of any  work  entered  under  section  45, the correction  of  every 
entry made in such register under  section 49, and every rectification ordered under  section 50, shall be 
published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem 
fit.] 

1. The proviso added by Act 23 of 1983, s. 16 (w.e.f. 9-8-1984).  
2. Subs. by Act 27 of 2012, s. 31, for “relation to any goods” (w.e.f. 21-6-2012). 
3. Subs. by s. 31, ibid., for “section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)” (w.e.f. 21-6-2012). 
4. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
5. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9-8-1984). 

31 

 
                                                           
CHAPTER XI 
INFRINGEMENT OF COPYRIGHT 

51. When copyright infringed.—Copyright in a work shall be deemed to be infringed— 

(a) when any person, without a licence granted by the owner of the copyright or the Registrar of 
Copyrights  under  this  Act  or  in  contravention  of  the  conditions  of  a  licence  so  granted  or  of  any 
condition imposed by a competent authority under this Act— 

(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of 

the copyright, or 

1[(ii) permits for profit any place to be used for the communication of the work to the public 
where  such  communication  constitutes  an  infringement  of  the  copyright  in  the  work,  unless  he 
was not aware and had no reasonable ground for believing that such communication to the public 
would be an infringement of copyright; or] 

(b) when any person— 

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for 

sale or hire, or 

(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially 

the owner of the copyright, or 

(iii) by way of trade exhibits in public, or 
(iv) imports 2*** into India,  

any infringing copies of the work: 

3[Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the 

private and domestic use of the importer.] 

Explanation.—For  the  purposes  of  this  section,  the  reproduction  of  a  literary,  dramatic,  musical  or 

artistic work in the form of a cinematograph film shall be deemed to be an “infringing copy”. 

52. Certain acts not to be infringement of copyright.—(1) The following acts shall not constitute 

an infringement of copyright, namely,— 

4[(a) a fair dealing with any work, not being a computer programme, for the purpose of— 

 (i) private or personal use, including research; 

 (ii) criticism or review, whether of that work or of any other work; 

(iii)  the  reporting  of  current  events  and  current  affairs,  including  the  reporting  of  a  lecture 

delivered in public; 

Explanation.—The storing of any work in any electronic medium for the purposes mentioned 
in this clause, including the incidental storage of any computer programme which is not itself in 
infringing copy for the said purposes, shall not constitute infringement of copyright.] 

5[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a 

copy of such computer programme, from such copy— 

(i) in order to utilise the computer programme for the purpose for which it was supplied; or 

(ii)  to  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;] 

1. Subs. by Act 38 of 1994, s. 16, for sub-clause (ii) (w.e.f. 10-5-1995). 
2. The brackets and words “(except for the private and domestic use of the importer)” omitted by Act 65 of 1984, s. 3                 

(w.e.f. 8-10-1985). 

3. Subs. by Act 38 of 1994, s. 16, for the proviso (w.e.f. 10-5-1995). 
4. Subs. by Act 27 of 2012, s. 32, for clause (a) (w.e.f. 21-6-2012). 
5. Ins. by Act 38 of 1994, s. 17 (w.e.f. 10-5-1995).   

32 

 
                                                           
1[(ab)  the  doing  of  any  act  necessary  to  obtain  information  essential  for  operating                          

inter-operability  of  an  independently  created  computer  programmes  with  other  programmer  by  a 
lawful possessor of a computer programme provided that such information is not otherwise readily 
available; 

(ac)  the  observation,  study  or  test  of  functioning  of  the  computer  programme  in  order  to 
determine  the  ideas  and  principles  which  underline  any  elements  of  the  programme  while 
performing such acts necessary for the functions for which the computer programme was supplied; 

(ad) the making of copies or adaptation of the computer programme from a personally legally 

obtained copy for non-commercial personal use;] 

2[(b) the transient or incidental storage of a work or performance purely in the technical process 

of electronic transmission or communication to the public; 

(c)  transient  or  incidental  storage  of  a  work  or  performance  for  the  purpose  of  providing 
electronic links, access or integration, where such links, access or integration has not been expressly 
prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for 
believing that such storage is of an infringing copy: 

Provided  that  if  the  person  responsible  for  the  storage  of  the  copy  has  received  a  written 
complaint  from  the  owner  of  copyright  in  the  work,  complaining  that  such  transient  or  incidental 
storage is an infringement, such person responsible for the storage shall refrain from facilitating such 
access for a period of twenty-one days or till he receives an order from the competent court refraining 
from  facilitation  access  and  in  case  no  such  order  is  received  before  the  expiry  of  such  period  of 
twenty-one days, he may continue to provide the facility of such access; 

(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a 

report of a judicial proceeding; 

(e)  the reproduction or  publication  of  any  work  prepared  by  the  Secretariat  of a  Legislature  or, 
where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature, 
exclusively for the use of the members of that Legislature; 

(f) the reproduction of any work in a certified copy made or supplied in accordance with any law 

for the time being in force; 

(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic 

work; 

(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended 
for instruction use, and so described in the title and in any advertisement issued by or on behalf of the 
publisher, of short passages from published literary or dramatic works, not themselves published for 
such use in which copyright subsists: 

Provided that not more than two such passages from works by the same author are published by 

the same publisher during any period of five years. 

Explanation.—In the case of a work of joint authorship, references in this clause to passages from 
works  shall  include  references to  passages  from  works  by  any  one  or  more  of  the  authors  of  those 
passages or by any one or more of those authors in collaboration with any other person; 

(i) the reproduction of any work— 

(i) by a teacher or a pupil in the course of instruction; or 
(ii) as part of the question to be answered in an examination; or 
(iii) in answers to such questions; 

3[(j)  the  performance,  in  the  course  of  the  activities  of  an  educational  institution,  of  a  literary, 
dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a 

1. Ins. by Act 49 of 1999, s. 7 (w.e.f. 15-1-2000). 
2. Subs. by Act 27 of 2012, s. 32, for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) (w.e.f. 21-6-2012). 
3. Subs. by Act 38 of 1994, s. 17, for clauses (j) and (k) (w.e.f. 10-5-1995). 

33 

 
                                                           
sound recording if the audience is limited to such staff and students, the parents and guadians of the 
students and persons connected with the activities of the institution or the communication to such an 
audience of a cinematograph film or sound recording;] 

(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  part  of  the  activities  of  a  club  or  similar  organisation  which  is  not  established  or 

conducted for profit;] 

(l) the performance of a literary, dramatic or musical work by an amateur, club or society, if the 

performance is given to a non-paying audience, or for the benefit of a religious institution; 

(m)  the  reproduction  in  a  newspaper,  magazine  or  other  periodical  of  an  article  on  current 
economic, political, social or religious topics, unless the author of such article has expressly reserved 
to himself the right of such reproduction; 

1[(n)  the  storing  of  a  work  in  any  medium  by  Electronic  means  by  a  non-commercial  public 

library, for preservation if the library already possesses a non-digital copy of the work;] 

(o) the  making  of  not  more  than  three copies  of  a  book  (including  a  pamphlet, sheet  of  music, 
map,  chart  or  plan) by  or under  the  direction  of the person in charge  of  a  2[non-commercial  public 
library] for the use of the library if such book is not available for sale in India; 

(p) the reproduction, for the purpose of research or private study or with a view to publication, of 
an  unpublished  literary,  dramatic  or  musical  work  kept  in  a  library,  museum  or  other  institution  to 
which the public has access: 

Provided that where the identity of the author of any such work or, in the case of a work of joint 
authorship, of any of the authors is known to the library, museum or other institution, as the case may 
be,  the  provisions  of  this  clause  shall  apply  only  if  such  reproduction  is  made  at  a  time  more  than 
3[sixty years] from the date of the death of the author or, in the case of a work of joint authorship, 
from the death of the author whose identity is known or, if the identity of more authors than one is 
known from the death of such of those authors who dies last; 

(q) the reproduction or publication of— 

(i)  any  matter  which  has  been  published  in  any  Official  Gazette  except  an  Act  of  a 

Legislature; 

(ii)  any  Act  of  a  Legislature  subject  to  the  condition  that  such  Act  is  reproduced  or 

published together with any commentary thereon or any other original matter; 

(iii) the report of any committee, commission, council, board or other like body appointed 
by  the  Government  if  such  report  has  been  laid  on  the  Table  of  the  Legislature,  unless  the 
reproduction or publication of such report is prohibited by the Government; 

(iv)  any  judgment  or  order  of  a  court,  tribunal  or  other  judicial  authority,  unless  the 
reproduction or publication of such judgment or order is prohibited by the court, the tribunal 
or other judicial authority, as the case may be; 

(r)  the  production  or  publication  of  a  translation  in  any  Indian  language  of  an  Act  of  a 

Legislature and of any rules or orders made thereunder— 

(i)  if no translation  of  such  Act  or  rules  or  orders  in  that language  has been  previously 

been produced or published by the Government; or 

1. Subs. by Act 27 of 2012, s. 32, for clause (n) (w.e.f. 21-6-2012). 
2. Subs. by s. 32, ibid., for “public library” (w.e.f. 21-6-2012). 
3. Subs. by Act 49 of 1999, s. 7, for “fifty years” (w.e.f. 15-1-2000). 

34 

 
                                                           
(ii) where a translation of such Act or rules or orders in that language has been produced 

or published by the Government, if the translation is not available for sale to the public: 

Provided  that  such  translation  contains  a  statement  at  a  prominent  place  to  the  effect  that  the 

translation has not been authorised or accepted as authentic by the Government; 

1[(s)  the  making  or  publishing  of  a  painting,  drawing,  engraving  or  photograph  of  a  work  of 

architecture or the display of a work of architecture;] 

(t) the  making  or  publishing  of  a  painting,  drawing,  engraving  or  photograph  of  a sculpture,  or 
other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently 
situate in a public place or any premises to which the public has access; 

(u) the inclusion in a cinematograph film of— 

(i) any artistic work permanently situate in a public place or any premises to which the public 

has access; or  

(ii)  any  other  artistic  work,  if such  inclusion  is  only  by  way  of  background  or is  otherwise 

incidental to the principal matters represented in the film; 

(v) the use by the author of an artistic work, where the author of such work is not the owner of the 
copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the 
work: 

Provided that he does not thereby repeat or imitate the main design of the work; 

2[(w) the making of a three-dimensional object from a two-dimensional artistic work, such as a 
technical drawing, for the purposes of industrial application of any purely functional part of a useful 
device;] 

(x) the reconstruction of a building or structure in accordance with the architectural drawings or 

plans by reference to which the building or structure was originally constructed: 

Provided that the original construction was made with the consent or licence of the owner of the 

copyright in such drawings and plans; 

(y)  in  relation  to  a  literary,  3[dramatic,  artistic  or]  musical  work  recorded  or  reproduced  in  any 

cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: 

Provided  that  the  provisions  of  sub-clause  (ii)  of  clause  (a),  sub-clause  (i)  of  clause  (b)  and 
clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by 
an acknowledgment— 

(i) identifying the work by its title or other description; and  

(ii) unless the work is anonymous or the author of the work has previously agreed or required 

that no acknowledgment of his name should be made, also identifying the author; 

4[(z) 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 communication to the public 
of such work or of a sound 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 includes a marriage procession 

and other social festivities associated with a marriage;] 

1. Subs. by Act 38 of 1994, s. 17, for clause (s) (w.e.f. 9-8-1995). 
2. Subs. by Act 27 of 2012, s. 32, for clause (w) (w.e.f. 21-6-2012). 
3. Subs. by s. 32, ibid., for “dramatic or” (w.e.f. 21-6-2012). 
4. Ins. by Act 38 of 1994, s. 17 (w.e.f. 9-8-1995). 

35 

 
                                                           
1[(zb) the adaption, reproduction, issue of copies or communication to the public of any work in 

any accessible format, by— 

(i) any person to facilitate persons with disability to access to works including sharing with 
any  person  with  disability  of  such  accessible  format  for  private  or  personal  use,  educational 
purpose or research; or 

(ii) any organisation working for the benefit of the persons with disabilities in case the normal 

format prevents the enjoyment of such works by such persons: 

Provided  that  the  copies  of  the  works  in  such  accessible  format  are  made  available  to  the 

persons with disabilities on a non-profit basis but to recover only the cost of production: 

Provided further that the organisation shall ensure that the copies of works in such accessible 
format  as  used  only  by  persons  with  disabilities  and takes  reasonable  steps  to  prevent  its  entry 
into ordinary channels of business. 

Explanation.—For the purposes of this sub-clause, “any organisation” includes and organisation 
registered under section 12A of the Income-tax Act, 1961 (43 of 1961) and working for the benefit of 
persons  with  disability  or  reorgnised  under  Chapter  X  of  the  Persons  with  Disabilities  (Equal 
Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 1996) or  receiving grants 
from the government for facilitationg access to persons with disabilities or an educational institution 
or library or archives recognised by the Government; 

(zc) the importation of copies of  any literary or artistic work, such as labels, company logos or 
promotional  or  explanatory  material,  that  is  purely  incidental  to  other  goods  or  products  being 
lawfully.] 

(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of 
a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as 
they apply in relation to the work itself. 

2[52A.  Particulars  to  be  included  in  records  and  video  Films.—(1)  No  person  shall  publish 
a 3[sound recording] in respect of any work unless the following particulars are displayed on the 4[sound 
recording] and on any container thereof, namely:— 

(a) the name and address of the person who has made the record; 

(b) the name and address of the owner of the copyright in such work; and 

(c) the year of its first publication. 

(2) No person shall publish a video film in respect of any work unless the following particulars are 

displayed  in  the  video  film,  when  exhibited,  and  on  the  video  cassette  or  other  container  thereof,            
namely:— 

(a)  if  such  work  is  a  cinematograph  film  required  to  be  certified  for  exhibition  under  the 
provisions  of  the  Cinematograph  Act,  1952  (37  of  1952),  a  copy  of  the  certificate  granted  by  the 
Board of Film Certification under section 5A of that Act in respect of such work; 

(b) the name and address of the person who has made the video film and a declaration by him that 
he has obtained the necessary licence or consent from the owner of the copyright, in such work for 
making such video film; and 

(c) the name and address of the owner for the copyright in such work.]  

 52B. [Accounts and audit.] Omitted by the Copyright Act, 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012). 
4[53. Importation of infringing copies.—(1) The owner of any right conferred by this act in respect 
of any work or any performance embodied in such work, or his duly authorised agent, may give notice in 

1. Ins. by Act 27 of 2012, s. 32 (w.e.f. 21-6-2012). 
2. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8-10-1984). 
3. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 
4. Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21-6-2012). 
36 

 
                                                           
writing to be Commissioner of Customs, or to any other officer authorised in this behalf by the Central 
Board of Excise and Customs, — 

(a) that he is the owner of the said right, with proof thereof, and  

(b) that he requests the Commissioner for a period specified in the notice, which shall not exceed 
one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the 
work are expected to arrive in India at a time and a place specified in the notice. 

(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being 
satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited 
goods that have been imported into India, excluding goods in transit: 

Provided that owner of the work deposits such amount as the Commissioner may require as security 
having regard to the likely expenses on demurrage, cost of storage and compensation  to the importer in 
case it is found that works are not infringing copies. 

(3)  When  any  goods  treated  as  prohibited  under  sub-section  (2)  have  been  detained,  the  Customs 

Officer  detaining  them  shall  inform  the  importer  as  well  as  the  person  who  gave  notice  under                      
sub-section (1) of the such goods within forty-eight hours of their detention. 

(4) The  Customs  Officer  shall  release  the  goods,  and  they  shall  not  longer  be  treated  as  prohibited 
goods,  if  the  person  who  gave  notice  under  sub-section  (1)  does  not  produce  any  order  from  a  court 
having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the 
date of their detention.] 

1[53A.  Resale  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 or drawing, or of the original manuscript of 
a literary or dramatic work or musical work, the author of such work if he was the first owner of rights 
under 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 with the provisions 
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 be such as the 2[Commercial Court] may fix 3***: 

Provided that the 2[Commercial Court] may fix different shares for different classes of work: 

Provided further that in no case shall the share exceed ten percent, of the resale price. 

(3)  If  any  dispute  arises  regarding  the  right  conferred  by  this  section,  it  shall  be  referred  to  the                   

2[Commercial Court] whose decision shall be final.] 

CHAPTER XII 

CIVIL REMEDIES 

54.  Definition.—For  the  purposes  of  this  Chapter,  unless  the  context  otherwise  requires,  the 

expression “owner of copyright” shall include— 

(a) an exclusive licensee; 

(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the 
publisher of the work, until the identity of the author or, in the case of an anonymous work of joint 
authorship,  or  a  work  of  joint  authorship  published  under  names  all  of  which  are  pseudonyms,  the 
identity  of  any  of the  authors, is  disclosed  publicly  by  the  author  and  the  publisher  or is  otherwise  
establishment  to  the  satisfaction  of  the  2[Commercial  Court]  by  that  author  or  his  legal 
representatives. 

55.  Civil  remedies  for  infringement  of  copyright.—(1)  Where  copyright  in  any  work  has  been 
infringed,  the  owner  of the  copyright  shall, except  as  otherwise provided  by  this  Act,  be entitled to  all 

1. Ins. by Act 38 of 1994, s. 18 (w.e.f. 10-5-1995). 
2. Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021). 
3. The words “and the decision of the Appellate Board in this behalf shall be final” omitted by s. 10, ibid. (w.e.f. 4-4-2021). 

37 

 
                                                           
such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law 
for the infringement of a right: 

Provided that if the defendant proves that at the date of the infringement he was not aware and had no 
reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to 
any remedy other than an injunction in respect of the infringement and a decree for the whole or part of 
the  profits  made  by  the  defendant  by  the  sale  of  the  infringing  copies  as  the  court  may  in  the 
circumstances deem reasonable. 

(2) Where, in the case of a literary, dramatic, musical or artistic work, 1[or, subject to the provisions 
of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of 
the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published, 
or, in the case of an artistic work, appeared on the work when it was made, the person whose name so 
appears  or  appeared  shall,  in  any  proceeding  in  respect  of  infringement  of  copyright  in  such  work,  be 
presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be. 

(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in 

the discretion of the court. 

56.  Protection  of  separate  rights.—Subject  to  the  provisions  of  this  Act,  where  the  several  rights 
comprising the copyright in any work are owned by different persons, the owner of any such right shall, 
to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce 
such right by means of any suit, action or other proceeding without making the owner of any other right a 
party to such suit, action or proceeding. 

57.  Author’s  special  rights.—2[(1)  Independently  of  the  author’s  copyright  and  even  after  the 

assignment either wholly or partially of the said copyright, the author of a work shall have the right— 

(a) to claim authorship of the work; and 

(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act 
in  relation  to  the  said  work  3***  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  respect  of  any 

adaptation of a computer programme to which clause (aa) of sub-section (1) of section 52 applies. 

Explanation.—Failure to display a work or to display it to the satisfaction of the author shall not be 

deemed to be an infringement of the rights conferred by this section.] 

(2) The right conferred upon an author of a work by sub-section (1),  4***, may be exercised by the 

legal representatives of the author. 

58. Rights 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 be deemed to be the property of the owner of the copyright, 
who  accordingly  may  take  proceedings  for  the  recovery  of  possession  thereof  or  in  respect  of  the 
conversion thereof: 

Provided  that  the  owner  of  the  copyright  shall  not  be  entitled  to  any  remedy  in  respect  of  the 

conversion of any infringing copies, if the opponent proves— 

(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the 

work of which such copies are alleged to be infringing copies; or 

(b)  that  he  had  reasonable  grounds  for  believing  that  such  copies  or  plates  do  not  involve 

infringement of the copyright in any work. 

1. Subs. by Act 27 of 2012, s. 35, for “a name purporting to be that of the author or the publisher, as the case may be, appear” 

(w.e.f. 21-6-2012). 

2. Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10-5-1995). 
3. The words “which is done before the expiration of the term of copyright” omitted by Act 27 0f 2012, s. 36 (w.e.f. 21-6-2012). 
4. The words “other than the right to claim authorship of the work” omitted by Act 27 of 2012, s. 36 (w.e.f. 21-6-2012). 

38 

 
                                                           
 
59. Restriction on remedies in the case of works of architecture.—(1) Notwithstanding anything 
contained in 1[the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or other 
structure  which  infringes  or  which,  if  completed,  would  infringe  the  copyright  in  some  other  work  has 
been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the 
construction of such building or structure or to order its demolition. 

(2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure 

which infringes or which, if completed, would infringe the copyright in some other work. 

60. Remedy 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 proceedings or liability in respect of an alleged infringement of the copyright any 
person aggrieved thereby may, notwithstanding anything contained 2[in section 34 of the Specific Relief 
Act,  1963  (47  of  1963)],  institute  a  declaratory  suit  that  the  alleged  infringement  to  which  the  threats 
related was not in fact an infringement of any legal rights of the person making such threats and may in 
any such suit— 

(a) obtain an injunction against the continuance of such threats; and 

(b) recover such damages, if any, as he has sustained by reason of such threats: 

Provided  that  this  section  does  not  apply  if  the  person  making  such  threats,  with  due  diligence, 

commences and prosecutes an action for infringement of the copyright claimed by him. 

61. Owner 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 the court otherwise directs, be made a defendant and where such owner is made a defendant, he 
shall have the right to dispute the claim of the exclusive licensee. 

(2)  Where  any  civil  suit  or  other  proceeding  regarding  infringement  of  copyright  instituted  by  an 
exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action 
shall lie at the instance of the owner of the copyright. 

62. Jurisdiction 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  right  conferred  by  this  Act  shall  be  instituted  in  the  district  court  having 
jurisdiction. 

(2)  For  the  purpose  of  sub-section  (1),  a  “district  court  having  jurisdiction”  shall,  notwithstanding 
anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being 
in force, include a district court within the local limits of whose jurisdiction, at the time of the institution 
of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more 
than one such persons, any of them actually and voluntarily resides or carries on business or personally 
works for gain. 

CHAPTER XIII 

OFFENCES 

63.  Offences  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 conferred by this Act 3[except the right conferred by section 53A],  

1. Subs. by Act 23 of 1983, s. 21, for “the Specific Relief Act, 1877 (1 of 1877)” (w.e.f. 9-8-1984). 
2. Subs. by s. 22, ibid., for “ in section 42 the Specific Relief Act, 1877 (1 of 1977)” (w.e.f. 9-8-1984). 
3. Ins. by Act 38 of 1994, s. 21 (w.e.f. 10-5-1995). 

39 

 
                                                           
1[shall be punishable with imprisonment for a term which shall not be less than six months but which may 
extend  to  three  years  and  with  fine  which  shall  not  be  less  than  fifty  thousand  rupees  but  which  may 
extend to two lakh rupees]: 

Provided that 2[where the infringement has not been made for gain in the course of trade or business] 
the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of 
imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] 

Explanation.—Construction of a building or other structure which infringes or which, if completed, 

would infringe the copyright in some other work shall not be an offence under this section. 

3[63A. Enhanced penalty on second and subsequent convictions.—Whoever having already been 
convicted of an offence under section 63 is again convicted of any such offence shall be punishable for 
the second and for every subsequent offence, with imprisonment for a term which shall not be less than 
one year but which may extend to three years and with fine which shall not be less than one lakh rupees 
but which may extend to two lakh rupees: 

Provided that 4[where the infringement has not been made for gain in the course of trade or business] 
the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of 
imprisonment for a term of less than one year or a fine of less than one lakh rupees: 

Provided further that for the purposes of this section, no cognizance shall be taken of any conviction 

made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).] 

5[63B. Knowing use of infringing copy of computer programme to be an offence.—Any person 
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 not be less than seven days but which may extend to 
three years and with fine which shall not be less than fifty thousand rupees but which may extend to two 
lakh rupees: 

Provided that where the computer programme has not been used for gain or in the course of trade or 
business, the Court may, for adequate and special reasons to be mentioned in the  judgment, not impose 
any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees.] 

64. Power  of  police  to  seize  infringing  copies.—6[(1)  Any  police  officer,  not  below  the  rank  of  a 
sub-inspector,  may,  if  he  is  satisfied  that  an  offence under  section  63 in  respect  of  the  infringement  of 
copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of 
the  work,  and  all  the  plates  used  for  the  purposes  of  making  infringing  copies  of  the  work,  wherever 
found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.] 

(2) Any person having an interest in any copies of a work 7[, or plates] seized under sub-section (1) 
may,  within  fifteen  days  of  such  seizure,  make  an  application  to  the  Magistrate  for  such  copies 7[,  or 
plates]  being  restored  to  him  and  the  Magistrate,  after  hearing  the  applicant  and  the  complainant  and 
making  such  further  inquiry  as  may  be  necessary,  shall  make  such  order  on  the  application  as  he  may 
deem fit. 

65.  Possession  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  shall  be  punishable  with  imprisonment  which  may  extend  to 8[two  years  and 
shall also be liable to fine.] 

1. Subs. by Act 65 of 1984, s. 5, for “shall be punishable with imprisonment which may extend to one year, or with fine, or with 

both” (w.e.f. 8-10-1984). 

2. Ins. by Act 38 of 1994, s. 21 (w.e.f. 10-5-1995). 
3. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8-10-1984). 
4. Ins. by Act 38 of 1994, s. 22 (w.e.f. 10-5-1995). 
5. Ins. by s. 23, ibid. (w.e.f. 10-5-1995). 
6. Subs. by Act 65 of 1984, s. 7, for sub-section (1) (w.e.f. 8-10-1984). 
7. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8-10-1984). 
8. Subs. by s. 8, ibid., for “one year, or with fine, or with both” (w.e.f. 8-10-1994). 

40 

 
                                                           
1[65A.  Protection  of  technological  measures.—(1)  Any  person  who  circumvents  an  effective 
technological measures applied for the purpose of protecting any of the rights conferred by this Act, with 
the intention of infringing such rights, shall be punishable with imprisonment which may extend to two 
years and shall also be liable to fine. 

(2) Nothing in sub-section (1) shall prevent any person from,— 

(a) doing anything referred to therein for a purpose not expressly prohibited by this Act: 
Provided that any person facilitating circumvention by another person of a technological measure 
for such a purpose shall maintain a complete record of such other person including his name, address 
and  all  relevant  particulars  necessary  to  identify  him  and  the  purpose  for  which  he  has  been 
facilitated; or  

(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted 

copy; or 

(c) conducting any lawful investigation; or 
(d)  doing  anything  necessary  for  the  purpose  of  testing  the  security  of  a  computer  system  or  a 

computer network with the authorisation of its owner; or  

(e) operator; or 
(f) doing anything necessary to circumvent technological measures intended for identification or 

surveillance of a user; or  

(g) taking measures necessary in the interest of national security. 

65B. Protection of Rights Management Information.—Any person, who knowingly, — 

(i) removes or alters any rights management information without authority, or 
(ii)  distributes,  imports  for  distribution,  broadcasts  or  communicates  to  the  public,  without 
authority,  copies  of  any  work,  or  performance  knowing  that  electronic  rights  management 
information has been removed  or altered without authority, 

shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: 

Provided that if the rights management information has been tampered with in any work, the owner of 
copyright in such work may also avail of civil remedies provided under Chapter XII against the persons 
indulging in such acts.] 

66. Disposal of infringing copies or plates for purpose of making infringing copies.—The Court 
trying  any  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  possession  of  the  alleged  offender,  which  appear  to  it  to  be 
infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of 
the  copyright  2[or  may  make  such  order  as  it  may  deem  fit  regarding  the  disposal  of  such  copies  of 
plates]. 

67.  Penalty  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  or  causes  to  be  made  a  writing  falsely  purporting  to  be  a  copy  of  any  entry  in  such 

register, or 

(c)  produces  or  tenders  or  causes  to  be  produced  or  tendered  as  evidence  any  such  entry  or 

writing, knowing the same to be false,  

shall be punishable with imprisonment which may extend to one year, or with fine, or with both. 

1. Ins. by Act 27 of 2012, s. 37 (w.e.f. 21-6-2012). 
2. Ins. by s. 38, ibid. (w.e.f. 21-6-2012). 

41 

 
                                                           
68.  Penalty  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 influencing the doing or omission of anything in relation to this 

Act or any matter thereunder,  

makes  a  false  statement  or  representation  knowing  the  same  to  be  false,  shall  be  punishable  with 
imprisonment which may extend to one year, or with fine, or with both. 

1[68A. Penalty for contravention of section 52A.—Any person who publishes a 2[sound recording] 
or a video film in contravention of the provisions of section 52A shall be punishable with imprisonment 
which may extend to three years and shall also be liable to fine.] 

69.  Offences  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 responsible 
to the company for, the conduct of the business of the company, as well as the company shall be deemed 
to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: 

Provided that nothing contained in this sub-section shall render any person liable to any punishment, 
if he proves that the offence was committed without his knowledge or that he exercised all due diligence 
to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed by a company, and it is proved that the offence was committed with the consent or connivance 
of, or is attributable to any negligence on the part of any director, manager, secretary or other officer of 
the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that 
offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section— 

(a) “company” means any body corporate and includes a firm or other association of persons; and 

(b) “director” in relation to a firm means a partner in the firm. 

 70. Cognizance of offences.—No Court inferior to that of 3[a Metropolitan Magistrate or a Judicial 

Magistrate of the first class] shall try any offence under this Act. 

CHAPTER XIV 
APPEALS 

71. Appeals 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 
Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct 
that execution of the order be stayed pending disposal of the appeal. 

4[72. Appeals against orders of Registrar of Copyrights.—(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 to the High Court. 

(2) Every such appeal shall be heard by a single Judge of the High Court: 

Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding 

to a Bench of the High Court. 

1. Ins. by Act 65 of 1984, s. 9 (w.e.f. 8-10-1984). 
2. Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995). 
3. Subs. by Act 23 of 1983, s. 22, for “a presidency magistrate or a magistrate of the first class” (w.e.f. 9-8-1984). 
4. Subs. by Act 33 of 2021, s. 10, for section 72 (w.e.f. 4-4-2021). 
42 

 
                                                           
(3) Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court 

within three months from the date of decision or order of the single Judge. 

(4) In calculating the period of three months provided for an appeal under this section, the time taken 

in granting a certified copy of the order or record of the decision appealed against shall be excluded.] 

73.  Procedure  for  appeals.—The  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. 

CHAPTER XV 

MISCELLANEOUS 

74. Registrar of Copyrights and  1[Appellate Board] to possess certain powers of civil courts.—
The Registrar of Copyrights 2*** shall have the powers of a civil court when trying a suit under the Code 
of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, — 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) receiving evidence on affidavits; 

(d) issuing commissions for the examination of witnesses or documents; 

(e) requisitioning any public record or copy thereof from any court or office; 

(f) any other matter which may be prescribed. 

Explanation.—For  the  purpose  of  enforcing  the  attendance  of  witnesses,  the  local  limits  of  the 
jurisdiction  of  the  Registrar  of  Copyrights  or  the  1[Appellate  Board],  as  the  case  may  be,  shall  be  the 
limits of the territory of India. 

75. Orders for payment of money passed by Registrar of Copyrights and 1[Appellate  Board] to 
be executable as a decree.—Every order made by the Registrar of Copyrights or the 1[Appellate Board] 
under this Act for the payment of any money or by the High Court in any appeal against any such order of 
the 1[Appellate Board] shall, on a certificate issued by the Registrar of Copyrights, the 1[Appellate Board] 
or the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall 
be executable in the same manner as a decree of such court. 

76. Protection 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 this Act. 

77.  Certain  persons  to  be  public  servants.—Every  officer  appointed  under  this  Act  3***  shall  be 

deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

78. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  the  Central 

Government may make rules to provide for all or any of the following matters, namely:— 

4* 

* 

* 

* 

*]; 

(b) the form of complaints and applications to be made, and the licences to be granted, under this 

Act; 

(c)  the  procedure  to  be  followed  in  connection  with  any  proceeding  before  the  Registrar  of 

Copyrights; 

5* 

* 

* 

* 

* 

1. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017). 
2. The words “and the Appellate Board” omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021). 
3. The words “and every member of the Appellate Board” omitted by s. 10, ibid. (w.e.f. 4-4-2021). 
4. Clause (a) omitted by Act 7 of 2017, s. 160 (w.e.f. 26-5-2017). 
5. Clause (cA) omitted by Act 33 of 2021, s.10 (w.e.f. 4-4-2021). 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(cB) the manner in which a person making sound recording may give prior notice of his intention 

to make sound recording under sub-section (2) of section 31C; 

(cC) the register and books of account and the details of existing stock which a person making 

sound recording may maintain under sub-section (5) of section 31C; 

(cD)  the  manner  in  which  prior  notice  may  be  given  by  a  broadcasting  organisation  under               

sub-section (2) of section 31D; 

(cE) the reports and accounts which may be  maintained under clause (a), and the inspection of 
records and books of account which may be made under clause (b) or sub-section (7) of section 31D]; 

1[(ca) the conditions for submission of application under sub-section (2) of section 33; 

(cb) the conditions subject to which a copyright society may be registered under sub-section (3) 

of section 33; 

(cc) the inquiry for cancellation of registration under sub-section (4) of section 33; 

 1[(ccA)  the  manner  in  which  a  copyright  society  may  publish  its  Tariff  Scheme  under                       

sub-section (1) of section 33A; 

2* 

* 

* 

* 

* 

(ccC) the form of application for renewal of registration of a copyright society and the fee which 

may accompany such application under sub-section (3A) of section 33;] 

(cd)  the  conditions  subject  to  which  the  copyright  society  may  accept  authorisation  under             

clause (a) of sub-section (1) of section 34 and the conditions subject to which owners or rights have 
right to withdraw such authorisation under clause (d) of that sub-section; 

(ce)  the  conditions  subject  to  which  a  copyright  society  may  issue  licences,  collect  fees  and 

distribute such fees amongst owners of rights under sub-section (3) of section 34;] 

(cf) the manner in which the approval of the owners of rights regarding collection and distribution 
of  fees,  approval  for  utilisation  of  any  amount  collected  as  fees  and  to  provide  to  such  owners 
information concerning activities in relation to the administration of their rights under sub-section (1) 
of section 35; 

(cg)  the  returns  to  be  filed  by  copyright  societies  to  the  Registrar  of  Copyrights  under                      

sub-section (1) of section 36;] 

(d) the manners of determining any royalties payable under this Act, and the security to be taken 

for the payment of such royalties; 

3[(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52; 
4* 
* 
 (e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered 

*] 

* 

* 

therein; 

(f) the matters in respect of which the Registrar of Copyrights  5*** shall have powers of a civil 

court; 

(g) the fees which may be payable under this Act; 
(h) the regulation of business of the Copyright Office and of all things by this Act placed under 

the direction or control of the Registrar of Copyrights. 
6[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 

1. Ins. by Act 38 of 1994, s. 24 (w.e.f. 10-5-1995). 
2. Clause (ccB) omitted by Act 33 of 2021, s.10 (w.e.f. 4-4-2021). 
3. Subs. by Act 38 of 1994, s. 24, for sub-clause (da) (w.e.f. 10-5-1995). 
4. Omitted by Act 27 of 2012, s. 38 (w.e.f. 21-6-2012). 
5. The words “and the Appellate Board” omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021). 
6. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984). 

44 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

79. Repeals, savings and transitional provisions.—(1) The Indian Copyright Act, 1914 (3 of 1914), 
and  the  Copyright  Act  of  1911  passed  by  the  Parliament  of  the  United  Kingdom  as  modified  in  its 
application to India by the Indian Copyright Act, 1914 ( 3 of 1914), are hereby repealed. 

(2) Where any person has, before the commencement of this Act, taken any action whereby he has 
incurred any expenditure or liabilities in connection with the reproduction or performance of any work in 
a  manner  which  at  the  time  was  lawful  or  for  the  purpose  of  or  with  a  view  to  the  reproduction  or 
performance of a work at a time when such reproduction or performance would, but for the coming into 
force  of  this  Act,  have  been  lawful,  nothing  in  this  section  shall  diminish  or  prejudice  any  rights  or 
interests arising from or in connection with such action which are subsisting and valuable at the said date, 
unless  the  person  who,  by  virtue  of  this  Act,  becomes  entitled  to  restrain  such  reproduction  or 
performance,  agrees  to  pay  such  compensation  as,  failing  agreement,  may  be  determined  by  the 
3[Appellate Board]. 

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist 

immediately before the commencement of this Act under any Act repealed by sub-section (1). 

(4) Where copyright subsisted  in any  work  immediately  before the  commencement  of  this  Act,  the 
rights comprising such copyright shall, as from the date of such commencement, be the rights specified in 
section 14 in relation to the class of works to which such work belongs, and where any new rights are 
conferred by that section, the owner of such rights shall be— 

(a) in any case where copyright in the work was wholly assigned before the commencement of 

this Act, the assignee or his successor-in-interest; 

(b) in any other case, the person who was the first owner of the copyright in the work under any 

Act repealed by sub-section (1) or his legal representatives. 
(5)  Except  as  otherwise  provided  in  this  Act,  where  any  person  is  entitled  immediately  before  the 
commencement of this Act to copyright in any work or any right in such copyright or to an interest in any 
such right, he shall continue to be entitled to such right or interest for the period for which he would have 
been entitled thereto if this Act has not come into force. 

(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an 

infringement of copyright if that act would not otherwise have constituted such an infringement. 

(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the 

application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals. 

45 

 
