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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