INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
gram which is not itself an infringing copy for the said purposes, shall not constitute infringement of copy - right; (aa) the making of copies or adaptation of a computer program by the lawful possessor of a copy of such computer program, from such copy – (i) in order to utilise the computer program for the pur - pose for which it was supplied; or (ii) to make back-up copies purely as a temporary pro - tection against loss, destruction or damage in order only to utilise the computer program for the purpose for which it was supplied; (ab) the doing of any act necessary to obtain infor - mation essential for operating interoperability of an independently created computer program with other programmer by a lawful possessor of a computer pro - gram provided that such information is not otherwise readily available; (ac) the observation, study or test of functioning of the computer program in order to determine the ideas and principles which underline any elements of the program while performing such acts necessary for the functions for which the computer program was supplied; (ad) the making of copies or adaptation of the com - puter program from a personally legally obtained copy for non-commercial personal use; (b) the transient or incidental storage of a work or per - formance purely in the technical process of electronic transmission or communication to the public; (c) transient or incidental storage of a work or perfor - mance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such stor - age is of an infringing copy: Provided that if the person responsible for the storage of the copy has received a written complaint from the
owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access; (d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding; (e) the reproduction or publication of any work pre - pared by the Secretariat of a Legislature or, where the legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature; (f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force; (g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic work; (h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instruc - tion use, and so described in the title and in any adver - tisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists: Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years; Explanation – In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (i) the reproduction of any work –
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