A curated selection of the Copyright Act's most-used provisions — subsistence and term of copyright, ownership, fair dealing exceptions, and remedies for infringement. Not the complete text; verify against India Code before citing.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
Copyright shall subsist throughout India in original literary, dramatic, musical and artistic works; cinematograph films; and sound recordings, subject to certain conditions relating to publication, the nationality or domicile of the author, and, in the case of unpublished works, the nationality, domicile or residence of the author at the time of making the work.
"Copyright" means the exclusive right, subject to the provisions of this Act, to do or authorise the doing of certain acts in respect of a work or a substantial part of it — such as reproducing the work, issuing copies to the public, performing it in public, communicating it to the public, making a translation or adaptation, and, for computer programmes, selling or renting a copy.
No person is entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force. Nothing in this section abrogates any right or jurisdiction to restrain a breach of trust or confidence.
The author of a work shall be the first owner of the copyright therein, subject to certain exceptions — for example, in the case of a work made in the course of the author's employment under a contract of service, the employer is, in the absence of any agreement to the contrary, the first owner of the copyright.
The owner of the copyright in an existing work, or the prospective owner of the copyright in a future work, may assign the copyright to any person either wholly or partially, and either generally or subject to limitations, and either for the whole term of the copyright or any part of it. An author cannot assign or waive the right to receive royalties for utilisation of the work in any form other than as part of a cinematograph film in a cinema hall, except to their legal heirs or to a copyright society.
No assignment of copyright is valid unless it is in writing and signed by the assignor or their duly authorised agent. The assignment shall identify the work, specify the rights assigned and the duration and territorial extent of the assignment, and specify the amount of royalty and any other consideration payable. Where the period is not stated it is deemed to be five years, and where the territorial extent is not stated it is presumed to extend within India.
Copyright in a published literary, dramatic, musical or artistic work (other than a photograph) subsists during the lifetime of the author and for sixty years from the beginning of the calendar year following the year in which the author dies.
In the case of a cinematograph film, copyright subsists until sixty years from the beginning of the calendar year next following the year in which the film is published.
In the case of a sound recording, copyright subsists until sixty years from the beginning of the calendar year next following the year in which the sound recording is published.
The owner of the copyright in an existing work, or the prospective owner of the copyright in a future work, may grant any interest in the right by licence in writing signed by them or by their duly authorised agent.
Where a complaint is made that the owner of copyright in a work published or performed in public has refused to republish or allow the republication of the work, or has refused to allow the performance in public of the work, and by that refusal the work is withheld from the public, the Commercial Court may, after giving the owner an opportunity of being heard and holding such inquiry as it deems necessary, direct the Registrar of Copyrights to grant a licence to the complainant on such terms and conditions as it may determine.
Where a performer appears or engages in any performance, they have a special right known as the performer's right in relation to that performance, which subsists until fifty years from the beginning of the calendar year next following the year in which the performance is made.
Copyright in a work is infringed when any person, without a licence from the owner or in contravention of the conditions of a licence, does anything the exclusive right to do which is conferred on the owner of the copyright by this Act, or permits a place to be used for such infringing communication for profit.
Certain acts do not constitute infringement of copyright, including fair dealing with a literary, dramatic, musical or artistic work for the purposes of private or personal use including research, criticism or review, reporting of current events, and use in the course of judicial proceedings or for the purpose of a legislature.
Where copyright in a work has been infringed, the owner of the copyright is entitled to all remedies by way of injunction, damages, accounts of profits and otherwise as are conferred by law for the infringement of a right, subject to certain provisions limiting the availability of these remedies in specified circumstances.
Independently of the author's copyright, and even after the assignment of that copyright, the author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work which would be prejudicial to their honour or reputation. These rights may be exercised by the legal representatives of the author.
Any person who knowingly infringes or abets the infringement of the copyright in a work, or any other right conferred by this Act, 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 a fine, subject to a proviso allowing a lesser sentence for reasons to be recorded where the infringement was not for gain in the course of trade or business.
Any police officer not below the rank of sub-inspector may, if satisfied that an offence of infringement of copyright in any work has been, is being or is likely to be committed, seize without warrant all copies of the work and all plates used for the purpose of making infringing copies, wherever found, and all copies and plates so seized shall be produced before a Magistrate as soon as practicable.
Any person who circumvents an effective technological measure applied to protect any rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine, subject to certain exceptions such as circumvention for purposes not expressly prohibited by this Act.
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