Talk:Indian Copyright Law

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Information about this edition
Edition: (Indian) Copyright Act, 1957 (Post sixth amendment edition)
Source:
Contributor(s):
Level of progress: Text complete 50%.png
Notes: There are a few ambiguous typos in the text, needs update as per style guide
Proofreaders: Incomplete

Proof reading and peer review requests made to[edit]

This is a list of people working on Indian copyright act across Indic wikipedia's and can be used in future to for making proof reading request.

  1. en:w:User talk:Vmittal01
  2. en:w:User talk:Amartyabag
  3. en:w:User talk:Adv.tksujith
  4. ml:w:User talk:Adv.tksujith
  5. en:w:User talk:Carptrash
  6. en:w:User talk:Sir Nicholas de Mimsy-Porpington
  7. te:w:User talk:Arjunaraoc
  8. ta:w:User talk:Mayooranathan
  9. hi:w:User talk:अनुनाद सिंह
  10. hi:w:User talk:अनिरुद्ध~hiwiki
  11. bn:w:User talk:Jayantanth
  12. as:w:User talk:উদ্দীপতালুকদাৰ
  13. as:w:User talk:Bishnu Saikia
  14. meta:User talk:Titodutta
  15. en:w:Talk:Copyright law of India
  16. en:w:Wikipedia talk:Noticeboard for India-related topics

formatting[edit]

I have been trying to format this article so that it was readable and useable. It was my intention to not change ANY of the text, even parts that seemed to me to be wrong - such as weird numbers or "[" out in the middle of nowhere, and that sort of thing.. I am not going to start making those changes where I see fit. I will mark all the changes after this pont with a # mark in the notes. Life is supposed to be interesting. 70.41.65.26 20:08, 11 February 2007 (UTC)

Also, I just noticed[edit]

that I was not in wikipedia, so all this is not signed, etc, so I am, humbly, your servant, Carptrash 20:11, 11 February 2007 (UTC)

Full text: The Copyright (Amendment) Bill, 2012[edit]

Full text: The Copyright (Amendment) Bill, 2012 (The bill is still not signed by Presedent of India)Mahitgar (talk) 05:57, 23 May 2012 (UTC)

The Copyright (Amendment) Bill, 2012: Tabular analysis[edit]

  • Types
  • Entire Section/subsection or clause omission
    • limited portion omission
  • Entire Section/subsection or clause Substituted
    • limited portion/s Substituted
  • Entire Section/subsection or clause inserted
    • limited portion inserted

Section No. 1 to 10 of C.(A.) B.,2012[edit]

Sr.No. Section No.of C.(A.) B.,2012 Subsection No.of C.(A.) B.,2012 Affects Copyright Act, 1957 section description Change Updated/Reviewed status Y/Not reviewed
1 1 Consists 2 sub sections namely:- (1) & (2) Inroduction Y/Not reviewed
1.1 1 (1) Name of the Act उदाहरण Y/Not reviewed
1.2 1 (2) Applicable W.e.f. उदाहरण Y/Not reviewed
2 2 Consists 6 subsections :- (i),(ii),(iii),(iv),(v),(vi) Affects Section 2 of Copyright Act, 1957 उदाहरण उदाहरण Y/Not reviewed
3 3 Consists 3 subsections :- (a),(b), (c) Affects Section 11 of Copyright Act, 1957 उदाहरण उदाहरण Y/Not reviewed
4 4 Consists no subsection section 12 of the principal Act, in sub-section (2) उदाहरण उदाहरण Y/Not reviewed
5 5 Consists 3 subsections total effects 5 namely :-(i),(ii)(a), (ii) (b), (iii) (a),(iii) (b) section 14 of the principal Act उदाहरण उदाहरण Y/Not reviewed
6 6 Consists no subsections section 15 of the principal Act, limited portion/s Substituted "Designs Act, 1911”, wherever they occur, the words and figures "Designs Act, 2000” shall be substituted. Y/Not reviewed
7 7 Consists no subsections section 17 of the principal Act, in clause (e) limited portion/s inserted in clause (e), the following proviso shall be inserted at the end, namely:
"Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13”.
Y/Not reviewed
8. 8. Consists no subsections In section 18 of the principal Act, in sub-section (1) limited portion/s inserted "Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:
Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilization of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copy right society for collection and distribution and any agreement to contrary shall be void:
Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilization of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.”
Y/Not reviewed
9. 9. Consists subsections:- (i), (ii) In section 19 of the principal Act,— उदाहरण उदाहरण
9.1 9 9.(i) section 19 of the principal Act,—in sub-section (3), limited portion/s Substituted for the words "royalty payable, if any”, the words "royalty and any other consideration payable” shall be substituted Y/Not reviewed
9.2 9 9.(ii) section 19 of the principal Act,— sub-section 8,9,10 be inserted after section 7 Entire Section/subsection or clause inserted section 19 of the principal Act,— sub-section 8,9,10 be inserted after section 7 Y/Not reviewed
10. 10. Consists subsections:-(i), (ii) In section 19A of the principal Act, उदाहरण उदाहरण
10.1 10. In section 19A of the principal Act, in sub-section (2), in the second priviso, limited portion/s Substituted for the words "Provided further that”, the following shall be substituted, namely: "Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Copyright Board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned: Provided also that”. उदाहरण Y/Not reviewed
10.2 10. addition of subsection (3) In section 19A of the principal Act, Entire Section/subsection or clause inserted addition of subsection (3) In section 19A of the principal Act, "(3) Every complaint received under sub-section (2) shall be dealt with by the Copyright Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Copyright Board shall record the reasons thereof.”. Y/Not reviewed

Section No. 11 to 20 of C.(A.) B.,2012[edit]

Sr.No. Section No.of C.(A.) B.,2012 Subsection No.of C.(A.) B.,2012 Affects Copyright Act, 1957 section description Change Updated/Reviewed status Y/Not reviewed
11. 11. Consists subsections:-(i), (ii) In section 21 of the principal Act,— उदाहरण उदाहरण
11.1 11. 11.(i) in sub-section (1) of section 21 of the principal Act limited portion/s Substituted in sub-section (1), for the words "the Registrar of Copyrights”, the words "the Registrar of Copyrights or by way of public notice” shall be substituted; Y/Not reviewed
11.2 11. 11.(ii) Inserts subsection (2A), after sub-section (2) of section 21 of the principal Act Entire Section/subsection or clause inserted उदाहरण Y/Not reviewed
12. 12. Consists no subsections In section 22 of the principal Act, limited portion omission the brackets and words "(other than a photograph)” shall be omitted Y/Not reviewed
13. 13. Consists no subsections Section 25 of the principal Act Entire Section/subsection or clause omission Section 25 of the principal Act shall be omitted. Y/Not reviewed
14. 14. Consists no subsections In section 30 of the principal Act limited portion/s Substituted for the words "writing signed by him”, the words "writing by him” shall be substituted. Y/Not reviewed
15. 15. Consists no subsections In section 30A of the principal Act limited portion/s Substituted for the words, figures and letter, "section 19 and 19A”, the word and figures "section 19” shall be substituted. Y/Not reviewed
16. 16. Consists 2 subsections total effects 4: (i)(a),(i)(b),(i)(c), (ii) In section 31 of the principal Act, उदाहरण उदाहरण
16.1 16. (i)(a) in sub-section (1) In section 31 of the principal Act, limited portion/s Substituted for the words "any Indian work”, the words "any work” shall be substituted Y/Not reviewed
16.2 16. (i)(b)) in sub-section (1) In section 31 of the principal Act, limited portion/s Substituted for the words "licence to the complainant” the words "licence to such person or persons who, in the opinion of the Copyright Board, is or are qualified to do so” shall be substituted; Y/Not reviewed
16.3 16. (i)(c), in sub-section (1) In section 31 of the principal Act, limited portion omission the Explanation shall be omitted; Y/Not reviewed
16.4 16. (ii) In section 31 of the principal Act, Entire Section/subsection or clause omission sub-section (2) shall be omitted. Y/Not reviewed
17. 17. Consists 2 subsections:- (i), (ii) In section 31A of the principal Act, उदाहरण उदाहरण
17.1 17. 17.(i) in the marginal heading, In section 31A of the principal Act, limited portion/s Substituted for the words "Indian works”, the words "or published works” shall be substituted; Y/Not reviewed
17.2 17. 17.(ii) In section 31A of the principal Act, Entire Section/subsection or clause Substituted for sub-section (1), the following sub-section shall be substituted, namely:—"(1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish or communicate to the public such work or a translation thereof in any language.”. Y/Not reviewed
18. 18. Consists no subsections After section 31A of the principal Act Entire Section/subsection or clause inserted insert sections 31B,31C,31D and clauses there of Y/Not reviewed
19. 19. Consists 4 subsections:-(i), (ii), (iii), (iv) In section 33 of the principal Act उदाहरण उदाहरण
19.1 19. 19.(i) in sub-section (1), In section 33 of the principal Act limited portion/s Substituted for the words "provided further", the following shall be substituted namely:—"Provided further that the business of isuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act; Provided also". Y/Not reviewed
19.2 19. 19.(ii) subsection ( 3A)after sub-section (3) inserted In section 33 of the principal Act Entire Section/subsection or clause inserted the subsection ( 3A) and subclauses shall be inserted Y/Not reviewed
19.3 19. 19.(iii) in sub-sections (4) and (5), In section 33 of the principal Act limited portion/s Substituted for the words "owners of rights", the words "authors and other owners of right" shall be substituted; Y/Not reviewed
19.4 19. 19.(iv) in sub-section (5), In section 33 of the principal Act limited portion inserted after the word "concerned" the words "or for non-compliance of sections 33A sub-section (3) of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it" shall be inserted. Y/Not reviewed
20. 20. Consists no subsections After section 33 of the principal Act, Entire Section/subsection or clause inserted section 33A shall be inserted, Y/Not reviewed

Section No. 21 to 31 of C.(A.) B.,2012[edit]

Sr.No. Section No.of C.(A.) B.,2012 Subsection No.of C.(A.) B.,2012 Affects Copyright Act, 1957 section description Change Updated/Reviewed status Y/Not reviewed
21. 21. consists no subsections In section 34 of the principal Act limited portion/s Substituted for the words "owner of rights”, wherever they occur, the words "author and other owners of right” shall be substituted Y/Not reviewed
22. 22. consists no subsections Section 34A of the principal Act Entire Section/subsection or clause omission Section 34A of the principal Act shall be omitted. Y/Not reviewed
23. 23. consists subsections:- (a), (b) In section 35 of the principal Act उदाहरण उदाहरण उदाहरण
23.1 23. 23.(a), In section 35 of the principal Act उदाहरण उदाहरण Y/Not reviewed
23.2 23. 23.(b) In section 35 of the principal Act उदाहरण उदाहरण Y/Not reviewed
24. 24. consists subsections:- (a), (b) In section 36A of the principal Act उदाहरण for the words "performing rights society", the words "copyright society" shall be substituted .
24.1 24. 24.(a) In section 36A of the principal Act उदाहरण उदाहरण amendment act 2012 does not specify whether to make change in marginal heading, so it is not changed yet before confirming to do so from some one
24.2 24. 24.(b) In section 36A of the principal Act उदाहरण उदाहरण Y/Not reviewed
25. 25. consists no subsections In section 37 of the principal Act, in sub-section (3), for clause (e) Entire Section/subsection or clause Substituted "(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d), " Y/Not reviewed
26. 26. consists no subsections In section 38 of the principal Act, sub-sections (3) and (4) Entire Section/subsection or clause omission In section 38 of the principal Act, sub-sections (3) and (4) shall be omitted. Y/Not reviewed
27. 27. consists no subsections After section 38 of the principal Act Entire Section/subsection or clause inserted After section 38 of the principal Act Section 38A and Section 38B are inserted Y/Not reviewed
28. 28. consists no subsections For section 39A of the principal Act Entire Section/subsection or clause substituted उदाहरण Y/Not reviewed
29. 29. consists no subsections In section 40 of the principal Act , in the proviso, in clause (iii), limited portion/s inserted after the words "the order relates", the words "but such a term of copyright shall not exceed the term of copyright provided under this Act" shall be inserted. Y/Not reviewed
30. 30. consists no subsections In section 40A of the principal Act, in sub-section (2), in clause (ii), limited portion/s inserted "Provided that it does not exceed the period provided under this Act;” Y/Not reviewed

Section No. 31 to 39 of C.(A.) B.,2012[edit]

Sr.No. Section No.of C.(A.) B.,2012 Subsection No.of C.(A.) B.,2012 Affects Copyright Act, 1957 section description Change Updated/Reviewed status Y/Not reviewed
31. 31. consists 2 subsections:-(i), (ii) In section 45 of the principal Act, in sub-section (1) उदाहरण उदाहरण उदाहरण
31.1 31. 31.(i) In section 45 of the principal Act, in sub-section (1) उदाहरण उदाहरण Y/Not reviewed
31.2 31. 31.(ii) In section 45 of the principal Act, in sub-section (1) उदाहरण उदाहरण Y/Not reviewed
32. 32. consists 7 subsections:-(i), (ii), (iii), (iv), (v), (vi), (vii) In section 52 of the principal Act, in sub-section (1) उदाहरण उदाहरण उदाहरण
32.1 32. 32.(i), clause (a) In section 52 of the principal Act, in sub-section (1) Entire Section/subsection or clause Substituted clause (a) substituted Y/Not reviewed
32.2 32. 32.(ii), clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) In section 52 of the principal Act, in sub-section (1) Entire Section/subsection or clause Substituted clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) substituted Y/Not reviewed
32.3 32. 32.(iii), Clause (n) In section 52 of the principal Act, in sub-section (1) Entire Section/subsection or clause Substituted clause (n) substituted Y/Not reviewed
32.4 32. 32.(iv) Clause (o) In section 52 of the principal Act, in sub-section (1) limited portion/s Substituted for the words "public library”, the words, "non-commercial public library” shall be substituted; Y/Not reviewed
32.5 32. 32.(v) after clause (v) In section 52 of the principal Act, in sub-section (1) Entire Section/subsection or clause inserted clause (w) to be inserted Y/Not reviewed
32.6 32. 32.(vi) In section 52 of the principal Act, in sub-section (1) limited portion/s Substituted in clause (y), for the words "dramatic or”, the words "dramatic, artistic or” shall the substituted; Y/Not reviewed
32.7 32. 32.(vii) after clause (za) In section 52 of the principal Act, in sub-section (1) Entire Section/subsection or clause inserted clause (zb) and subclauses there of to be inserted Y/Not reviewed
33. 33. consists no subsections Section 52B of the principal Act Entire Section/subsection or clause omission Section 52B of the principal Act shall be omitted Y/Not reviewed
34. 34. consists no subsections For section 53 of the principal Act, Entire Section/subsection or clause Substituted उदाहरण Y/Not reviewed
35. 35. consists no subsections In section 55 of the principal Act, in sub-section (2) limited portion/s Substituted for the portion beginning with the words "a name purporting to be” and ending with the words "as the case may be, appears”, the following shall be substituted, namely:— "or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears”. Y/Not reviewed
36. 36. consists 2 subsections:-(i), (ii) In section 57 of the principal Act उदाहरण उदाहरण उदाहरण
36.1 36. 36.(i) in clause (b),in sub-section (1), In section 57 of the principal Act limited portion omission the words "which is done before the expiration of the term of copyright" shall be omitted; Y/Not reviewed
36.2 36. 36.(ii) In section 57 of the principal Act limited portion omission the words ‘‘other than the right to claim authorship of the work" shall be omitted. Y/Not reviewed
37. 37. consists no subsections After section 65 of the principal Act Entire Section/subsection or clause inserted उदाहरण Y/Not reviewed
38. 38. consists no subsections In section 66 of the principal Act limited portion inserted "or may make such order as it may deem fit regarding the disposal of such copies or plates” shall be inserted Y/Not reviewed
39. 39. consists 4 subsections:-(i), (ii), (iii), (iv) In section 78 of the principal Act, in sub-section (2) उदाहरण उदाहरण उदाहरण
39.1 39. 39.(i) for clause (a) In section 78 of the principal Act, in sub-section (2) Entire Section/subsection or clause Substituted for clause (a) substituted उदाहरण
39.2 39. 39.(ii) after clause (c) In section 78 of the principal Act, in sub-section (2) Entire Section/subsection or clause inserted Clauses: (cA),"(cB)"(cC),"(cD),"(cE) to be inserted उदाहरण
39.3 39. 39.(iii) after clause (cc), In section 78 of the principal Act, in sub-section (2) Entire Section/subsection or clause inserted Clauses: "(ccA),"(ccB),"(ccC) to be inserted उदाहरण
39.4 39. 39.(iv) clause (db) In section 78 of the principal Act, in sub-section (2) Entire Section/subsection or clause omission clause (db) shall be omitted उदाहरण
उदाहरण उदाहरण उदाहरण उदाहरण उदाहरण उदाहरण उदाहरण