INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
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 musi - cal work, not being a computer program – (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 pub - lic not being copies already in circula - tion; (iii) to perform the work in public, or com - municate 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) (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); (b) in the case of a computer program – (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of computer programs where the program itself is not the essential object of the rental; (c) in the case of an artistic work – (i) to reproduce the work in any material form including –
(A) the storing of it in any medium by elec - tronic or other means; or (B) depiction in three dimensions of a two- dimensional work; or (C) depiction in two dimensions of a three- dimensional work; (d) in the case of a cinematograph film – (i) to make a copy of the film, including – (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film; (iii) to communicate the film to the public; (e) in the case of a sound recording – (i) to make any other sound recording em - bodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public. Explanation – For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.” Moral rights are recognised in India and the pro - visions of Section 21 of the Act regulate that. 3.5 Term of Protection and Termination Sections 22–29 of the Copyright Act provide the terms for copyright protection.
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