INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
in this clause, including the incidental storage of any computer program which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright; (aa) the making of copies or adaptation of a computer program by the lawful posses - sor of a copy of such computer program, from such copy – (i) in order to utilise the computer program for the purpose for which it was sup - plied; or (ii) to make back-up copies purely as a temporary protection 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 information essential for operating inter - operability of an independently created computer program with other program - mer by a lawful possessor of a computer program provided that such information is not otherwise readily available; (ac) the observation, study or test of function - ing 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 computer program from a personally legally obtained copy for non-commercial personal use; (b) the transient or incidental storage of a work or performance purely in the tech - nical process of electronic transmission
or communication to the public; (c) transient or incidental storage of a work or performance for the purpose of pro - viding electronic links, access or integra - tion, where such links, access or integra - tion has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy: Provided that if the person responsible for the storage of the copy has received a written com - plaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person respon - sible for the storage shall refrain from facilitat - ing 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 con - tinue to provide the facility of such access; (d) the reproduction of any work for the pur - pose of a judicial proceeding or for the purpose of a report of a judicial proceed - ing; (e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or, where the legislature con - sists of two Houses, by the Secretariat of either House of the Legislature, exclu - sively 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;
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