TaxTMI 
TaxTMI 
EXTRACTS FROM THE COPY RIGHT ACT, 1957 (14 OF 1957)
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....rposes of that section. * * * * * CHAPTER II COPYRIGHT OFFICE AND A BOARD * * * * * Appellate Board. 11. (1) The Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999.) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017.), be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act. Powers and procedure of Appellate Board. 12. (1) The Appellate Board shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings: Provided that the Appellate Board shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain. Explanation.-In this sub-section "zone" means a zone specified in section 15 of the States Reorganisation Act, 1956 (37 of 1956.). (2) The Appellate Board ....
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....made within a period of five years from the date of such assignment. (3) Every complaint received under sub-section (2) shall be dealt with by the Appellate Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Appellate Board shall record the reasons thereof. * * * * * Term of copyright in anonymous and pseudonymous works. 23. (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 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 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 horship, be construed,- (a) where the identity of one of the authors is ....
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....unds 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 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 Appellate Board may determine; and thereupon the Registrar of Copyrights shall grant the licence to such person or persons who, in the opinion of the Appellate Board, is or are qualified to do so in accordance with the directions of the Appellate Board, on payment of such fee as may be prescribed. * * * * * Compulsory licence in unpublished or published works. 31A. (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 Appellate Board for a licence to publish or communicate to the public such work or a translation thereof in any language. (2) Before making an application under sub-secti....
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....rsons with disability on a profit basis or for business may apply to the Appellate Board, 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 Appellate Board shall dispose of such application within a period of two months from the receipt of the application. (2) The Appellate Board 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 Appellate Board 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....
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....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 Appellate Board 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 Appellate Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the Appellate Board 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....
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.... translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work. (1A) Notwithstanding anything contained in sub-section (1), any person may apply to the Appellate Board 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 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 Appellate Board under this section, it....
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....gistered 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 such application; (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 subsection, 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 ....
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....poses 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. Licence to reproduce and publish works for certain purposes. 32A. (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 Appellate Board 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 presc....
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....ce, 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 sect....
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....copies. 53A. (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 Appellate Board may fix and the decision of the Appellate Board in this behalf shall be final: Provided that the Appellate Board 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 Appellate Board whose decision shall be final. CHAPTER XII CIVIL REMEDIES Definition. 54. For the pu....
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....escribed. Explanation.-For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights or the Appellate Board, as the case may be, shall be the limits of the territory of India. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree. 75. Every order made by the Registrar of Copyrights or the 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 Appellate Board shall, on a certificate issued by the Registrar of Copyrights, the 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. * * * * * Certain persons to be public servants. 77. Every officer appointed under this Act and every member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860.). Power to make rules. 78. (1) * * * * (2) In particular, and without prejudice to the generality of the foregoing power, the Ce....