Page:Eastern Book Company & Ors vs D.B. Modak & Anr.pdf/38

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SUPREME COURT OF INDIA
Page 38 of 58

(3) Copyright shall not subsist -

(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;

(b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.

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“14. Meaning of copyright. — (1) For the purposes of this Act, "copyright" means the exclusive right, subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, -
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
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“17. First owner of copyright.- Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:
Provided that
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(d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
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“52. Certain acts not to be infringement of copyright.- (1) The following acts shall not constitute an infringement of copyright, namely:-
(a) …
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(q) the reproduction or publication of -
(i) …
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(iv) any judgment or order of a Court, Tribunal or other judicial authority, unless the reproduction or