This section is provided for general information only. It is not intended to be,
nor should it be, construed as or relied on as legal advice. You should make
your own enquiries, and seek appropriate advice, about the provisions of the
Copyright Act which are relevant to you and their implications for you.
Extracts from The Copyright Act, as amended w.e.f. 21.06.2012
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,-to say,-
(c) sound recordings;
14. For the purpose of this Act, "Copyright" means the exclusive right
subject to the provisions of this Act, to do or authorize the doing of any of
the following acts in respect of a work or any substantial part thereof, namely
(e) In the case of a sound recording -
(i). To make any other sound recording embodying it;
(ii). To sell or give on 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.
2. Interpretation. – In this Act, unless the context otherwise
(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 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.
(m) “infringing copy” means,--
(iii) in relation to a sound recording, any other recording embodying the same
sound recording, made by any means; if such reproduction, copy or sound
recording is made or imported in contravention of the provisions of this Act.
(uu) “producer”, in relation to a cinematograph film or sound recording,
means a person who takes the initiative and responsibility for making the work;
(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.
(y) “work” means any of the following works, namely:--
(iii) a sound recording.
30. Licences by owners of copyright
The owner of the copyright in
any existing work or the prospective owner of the copyright in any future work
may grant any interest in the right by licence in writing signed 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.
51. When copyright infringed. -
Copyright in a work shall be deemed to be
(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
(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 into India, any infringing copies of the work Provided that nothing
(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".
63. Offence of infringement of copyright or other rights conferred by this
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 [except the right conferred by section 53A], 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 lake rupees:
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.