Wednesday 23 April 2014

15.1.2 (Interpretation of certain expressions)

Adaptation. It 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; (iv) in relation to a musical work, any arrangement or transcription of the work; and (v) in relation to any work, any use of such work involving its rearrangement or alteration.

Work of Architecture. It means any building or structure having an artistic character
or design, or any model for such building or structure.

Artistic Work. It means (i) a painting, a sculpture, a drawing (including a diagram, map, chartre plan), an engraving or a photograph whether or not any such work possesses artistic quality; (ii) a work of architecture; and (iii) any other work of artistic craftsmanship.

Author. It means, in relation to (i) a literary or dramatic work, the author of the work; (ii) a musical work, the composer; (iii) an artistic work other than a photograph, the artist; (iv) a photograph, the person taking the photograph; (v) a cinematography film or sound recording, the producer; and (vi) any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created.

Broadcast. It 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.

Cinematograph Film. It means any. work of visual recording on any medium produced through a process from which a moving image may be produced by any means. Also it 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.

Communication to the Public. It means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available.

Explanation. For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed for the communication to the public.

Composer. In relation to a musical work, a composer means the person who composes the music regardless of whether he records it in any form of graphical notation.

Computer. It includes any electronic or similar device having information processing capabilities.

Computer Programme. It means set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.

Copyright Society. It means a society registered under s.33(3).

Delivery. In relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast.

Dramatic work. It includes any piece of 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.

Exclusive Licence. It means a licence which confers on the licensee or on the licensee 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. Exclusive licensee shall be construed accordingly.

Indian work. It 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.

Infringing Copy. It means, in relation to (i) a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film; (ii) a cinematographic film, a copy of the film made on any medium by any means; (iii) a sound recording, any other recording embodying the same sound recording, made by any means; (iv) a programme or performance in which such a broadcast reproduction right or a performer's right subsists, the sound recording or a cinematographic film of such prograrune or performance; it is not asked to join if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act.

Literary work. It includes computer programmes, tables and compilations including computer databases.

Musical work. It 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.

Performance. In relation to performer's right, it means any visual or acoustic presentation made live by one or more performers.

Performer. It includes an actor, singer, musician, dancer, acrobat juggler, conjurer, snake charmer a person delivering a lecture or any other person who makes a performance.

sound Recording. It 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.

work. It means any of the following work - (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) a sound recording.

15.1.3 copyright office and Copyright Board. The government established a copyright office under the control of the Registrar of copyrights. Also the Central Government has appointed certain Deputy Registrars of copyrights.

The Government has also constituted a Copyright Board. The Registrar of copyrights is the secretary of the Board. The Copyright Board shall be deemed to the a civil court. The copyright Board consists of a Chairman and  not less than two or more than 14 other numbers. The chairman of the Board is a person who is or has been a judge of a High Court or is qualified for appointment as a judge of a High Court. The Board shall have power to regulate its own procedure, including the fixing of places and time of its sittings.

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