Prakash Yedhula
(Lawyer)
06 April 2008
52.Certain acts not to infringement of:- (1) The following acts shall not constitute an infringement of copyright, namely : ---
(a) a fair dealing with a literary, dramatic, musical or artistic work for the purposes of ---
( i ) research or private study ;
( ii ) criticism or review, whether of that work or of any other work;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events ---
( i ) in a newspaper, magazine or similar periodical, or
( ii ) by radio-diffusion or in a cinematograph film or by means of photographs;
(c) 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;
(d) the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;
(e) 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;
(f) the reading or recitation in public of any reasonable extrac6t from a published literary or dramatic work;
(g) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists:
Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years.
Explanation.-In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person;
(h) 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 answers to such questions;
( i ) the performance in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution;
( j ) the making of records in respect of any literary dramatic or musical work, if ---
( i ) records recording that work have previously been made by, or with the licence or consent of, the owner of the copyright in the work; and
( ii ) the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the Copyright Board in this behalf :
Provided that in making the records such prison shall not make any alternations in, or omission from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of, the owner of the copyright or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question;
(k) the causing of a recording embodied in a record to be heard in public by utilising the record, ---
( i ) at any premises where persons reside, as part of the amenities provided exclusively or mainly for residents therein, or
( ii ) as part of the activities of a club, society or other organisation which is not established or conducted for profit;
( l ) 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;
(m) 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;
(n) the publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public;
(o) 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 library for the use of the library if such books is not available for sale in India;
(p) 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 has access :
Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last ;
(q) 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 the Legislature, unless the reproduction or publication of such report is prohibited by the Government ;
( iv ) any judgement or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation 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 Act 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 :
Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted an authentic by the Government;
(s) the making or publishing of a painting, drawing, engraving or photograph of an architectural work of art;
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause ( iii ) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;
(u) the inclusion in a cinematograph film of ---
(i) any artistic work permanently situate 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 presented in the film.
(v) the use by the author of an artistic work, where the author of such work is 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.:
Provided that he does not thereby repeat or imitate the main design of the work;
(w) the making of an object of any description in three dimensions of an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic 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 :
Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;
(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 :
Provided that the provisions of sub-clause ( ii ) of clause (a), sub-clause ( i ) of clause (b) and clauses (d) , (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgement ---
( i ) identifying the work by its title or other description; and
( ii ) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgement of his name should be made, also identifying the author.
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.
