INFRINGEMENT OF COPYRIGHT

Section 51 provide that copyright in a work shall be deemed to the infringed in the following cases:

  (a) when any person without a licence from the owner or the Registrar of copyrights does anything, the exclusive right to do which is by this Act conferred upon the owner of copyright, or permits for profit, any place to be used for the communication of the work to the public, unless he was not aware and had no reasonable ground for believing that such communication 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 any infringing copies of the work covered by copyright; or(ii) distributes, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the work; (iii)exhibits in public by way of trade any infringing copies of the work; or (iv) imports into India any infringing copies of the work except the copy of any work for the private and domestic use of the importer.

The reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to the infringing copyright.

Certain acts not to be infringement of copyright. (s. 52). This section specifies acts which do not constitute an infringement of copyright. These are:

  (a) A fair dealing with a literary, dramatic, musical or artistic work, not being  a computer programme, for the purposes of (i) private use, including research;  (ii) criticism or review, whether of that work or of any other work.

  (b) 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.

  (c) A fair dealing with a literary dramatic, musical or artistic work for  the purpose

current events - (i) in a newspaper, magazine or similar periodical, or (ii) by broadcast or in a cinematograph film or by means of photographs.

  (d) The reproduction of a literary, dramatic, musical or artistic 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 literary dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature exclusively for the use of its members.

  (f) The reproduction of any literary, dramatic or musical 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 any reasonable extract from a published literary or dramatic work.

(h) The publication in a collection, mainly composed of non-copyright matter bonafide intended for the use of educational institutions and so described in  the

title and any advertisement issued by or on behalf of the  publisher, of short passages from published literary or dramatic works.

  (i) The reproduction of a literary, dramatic, musical or artistic work (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the questions to be answered in an examination; or (iii) in answer to such questions.

  (j) The performance, in the course of the activities of educational institution of a literary dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording, if the audience is limited to such  staff and students, the parents and guardians of the students and persons directly connected with activities of the institution or the communication to such an audience of a cinematograph film or sound recording.

  (k) The making of sound recordings in respect of any literary, dramatic or musical work, if (i) sound recording of that work have been made been with the lience or consent of the owner of the right in the work; (ii) the person making the sound recordings has give a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to owner of rights in the work, royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf.

  (l) 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 residentia 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.

  (m) 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;

  (n) 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.

  (o) The publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public.

  (p) 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 public literary for the use of the library if such book is not available for sale in India.

  (q) 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 access.

  (r) 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 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.

  (s) The production or publication of a translation on 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 previously been produced or published by the Government; or (ii) where a translation of such Acts 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.

  (t) The making or publishing of a painting, drawing, engraving or photograph of a work of architecture or photograph of a work of architecture or the display of a work of architecture.

  (u) The making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under s. 2(e) (iii), if such work is permanently situated in a public place or any premises to which the public has access.

  (v) The inclusion in a cinematograph film of -(i) any artistic work permanently situated 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.

  (w) The use by the author of an artistic work where the author of such work in

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.

  (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.

  (y) In relation to literary, dramatic or musical work recorded or reproduced in

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

  (z) The making of an ephemeral recording, by a broadcasting organisation  using its own facilities for its own broadcast by i 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 bonafide religious ceremony or an official ceremony held by the

            Central Government or the state Government or any local authority.

Section 52A requires certain particulars to be included in sound recording and video films. No person can publish a sound recording in respect of any work unless the following particulars are displayed on the sound recording and on any container thereof; (a) the name and address of the person who has made the sound recording; (b) the name and address of the owner of the copyright in such work; (c) the year of its publication.

In the case of a video film in respect of any work, the following particulars are  to be displayed in the video film, when exhibited. Also it is necessary that on the video cassette or other container thereof the following particulars are shown.

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

  (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 of the copyright in such work.