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Intercopyrightorder -The Copyright Act, 1957

The Copyright Act, 1957

 

 

The International Copyright Order, 1991

 

The International Copyright Order, 1991

 

(Note: Vide Noti. No. S.O. 657(E), dated 30-9-1991, published in the Gezette of India, Extra., Pt. II,

 

Section 3(ii), dated 30-9-1991, pp. 5-8 [No. F.12-1/90-IC).

 

In exercise of the powers conferred by Section 40 of the Copyright Act, 1957 (14 of 1957), and in super session of the International Copyright Order, 1958, the Central Government hereby makes the following order :-

 

1. (1) This Order may be called the International Copyright Order, 1991.

 

(2) It shall come into force on the date of its publication in the Official Gazette.

 

2. In this Order, unless the context otherwise requires, –

 

(a) ‘Berne Convention Country’ means a country which is a member of the Berne Copyright Union, and includes a country mentioned either in Part I or in Part II of the Schedule ; 

 

(b) ‘Phonograms Convention Country’ means a country which has either ratified, or accepted or acceded to the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, done at Geneva on the twenty-ninth day of October, one thousand nine hundred and seventy-one, and includes a country mentioned in Part V of the Schedule ;

 

(c) ‘Schedule’ means the Schedule appended to this Order ;

 

(d) ‘Universal Copyright Convention Country’ means a country which has either ratified, or accepted or acceded to the Universal Copyright Convention, and includes a country mentioned either in Part III or in Part IV of the Schedule.

 

Explanation – ‘Phonogram’ means any exclusively aural fixation of sounds of a performance or other sounds.

 

3. Subject to the provisions of Paragraph 4, all the provisions of the Copyright Act, 1957 (14 of 1957) (hereinafter referred to as the Act), except those of Chapter VIII ; and those other provisions which apply exclusively to Indian works, shall apply, –

 

(a) To any work first made or published in a country mentioned in Part I, II, III or IV of the Schedule, in like manner as if it was first published in India;

 

(b) To any work first made or published in a country other than a country mentioned in Part I, II, III or IV of the Schedule, the author of which was, at the date of such publication, or, where the author was dead on that date, he was at the time of his death, a national of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of India at that point of time;

 

(c) To an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in Parts I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of, or domiciled in India;

 

(d) To any work first made or published by a body corporate incorporated under any law of a country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if it was incorporated under a law in force in India; and

 

(e) To a record first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V of the Schedule or a body corporate incorporated under a law in force in such a country, in like manner as if the producer was the citizen of India; or a body corporate incorporated under a law in force in India, as the case may be, at that point of time.

 

Explanation – ‘Record’ means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound-track associated with a cinematograph film.

 

4. Notwithstanding anything contained in Paragraph 3(a), the provisions of sub-section (1) of Section 32 of the Act –

 

(i) Shall not apply to a work first made or published in any Berne Convention Country mentioned in Part I or II of the Schedule ; and

 

(ii) Shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or IV of the Schedule, only in respect of the translation of such work into any language specified in the Eighth Schedule to the Constitution of India.

 

5. The provisions of Section 32 [excluding its sub-section (1)], 32-A and 32-B shall apply to a work first made or published in a Berne Convention Country mentioned in Part I of the Schedule or in a Universal Copyright Convention Country mentioned in Part III of the Schedule.

 

6. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.

 

Explanation – In this paragraph, “the country of origin” shall mean –

 

(a) In this case of a work first made or published in a Berne Convention Country or a Universal Copyright Convention Country, that country;

 

(b) In the case of a work made or published simultaneously either in a Berne Convention Country or a Universal Copyright Convention Country and in a country which is neither a Berne Convention Country nor a Universal Copyright Convention Country, the former country;

 

(c) In the case of a work which is made or published simultaneously in several Universal Copyright Convention Countries, the country whose laws grant the shortest term of copyright to such a work ;

 

(d) In the case of a work which is made or published simultaneously in several Universal Copyright Convention Counties, the country whose laws grant the shortest term of copyright to such a work ;

 

(e) In the case of an unpublished work or a work first made or published in a country other than a Berne Convention Country or a Universal Copyright Convention Country, the country of which the author was a citizen, or the country in which he was domiciled at the time of its first publication, whichever grants the longer term of copyright.

 

7. The provisions of the International Copyright Order, 1958 shall cease to have effect from the date his Order comes into force.

 

 

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The Copyright Act, 1957

 

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