Page:Indian Copyright Act (4th Amendment) 1994.djvu/4

it shall be referred to the Copyright Board constituted under section 11 whose decision thereon shall be final:

Provided that if in the opinion of the Copyright Board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.’.

Amendment of section 11. 5. In section 11 of the principal Act,—

(a) in sub-section (1), for the word “eight”, the word “fourteen” shall be substituted;

(b) in sub-section (3), the words “the Supreme Court or” shall be omitted.

Amendment of section 12. 6. In section 12 of the principal Act,—

(a) after sub-section (2), the following proviso shall be inserted, namely:—

“Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.”;

(b) in sub-section (3), for the proviso, the following proviso shall be substituted, namely:—

“Provided that where there is no such majority, the opinion of the Chairman shall prevail.”;

(c) in sub-section (4), for the words “The Copyright Board”, the words “The Chairman” shall be substituted.

Substitution of new section for section 14. 7. For section 14 of the principal Act, the following section shall be substituted, namely:—

Meaning of Copyright.‘14. 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);