Page:Indian Copyright Act 1957.djvu/11

From Wikisource
Jump to navigation Jump to search
This page has been validated.
of 1957]
51
Copyright

coming before it for decision under this Act, the opinion of the majority shall prevail:

Provided that where there is no such majority—
(i) if the Chairman was one of the members who heard the matter, the opinion of the Chairman shall prevail;
(ii) if the Chairman was not one of the members who heard the matter, the matter shall be referred to him for his opinion and that opinion shall prevail.

(4) The Copyright Board may authorise any of its members to exercise any of the powers conferred on it by section 74 and any order made or act done in exercise of those powers by the member so authorised shall be deemed to be the order or act, as the case may be, of the Board.

(5) No member of the Copyright Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal-interest.

(6) No act done or proceeding taken by the Copyright Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.

(7) The Copyright Board shall be deemed to be a civil court for the purposes of sections 480 and 482 of the Code of Criminal 5 of 1898.Procedure, 1898, and all proceedings before the Board shall deemed to be judicial proceedings within the meaning of sections 193 and 228 of 45 of 1860the Indian Penal Code.


CHAPTER III

Copyright

13-(1) Subject to the provisions of this section and the other Works in which copyright subsists.provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,—

(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) records.

(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,—

(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;