- (b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and
- (c) either—
- (i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or
- (ii) under section 17 any copyright in the work would belong to the organization;
there shall, by virtue of this section, be copyright in the work throughout India.
(2) Any organization to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.
(3) The organizations to which this section applies are such organizations as the Central Government may, by order published in the Official Gazette, declare to be organizations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.
42. Power to restrict rights in works of foreign authors first published in India.If it appears to the central government that a foreign country does not give or has not undertaken adequate protection of Indian authors, the Central Government may, by order published in the Official Gazette,direct that such of provisions of this Act as confer copyright on the works first published in India shall not apply to works,published after the date specified in the order,the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to works.
43. Orders under this Chapter to be laid before the Parliament.Every order made by the Central Government under this Chapter shall,as soon as may be after it is made be laid before Both the Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following.
Registration of copyright