INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
purposes of industrial application of any purely functional part of a useful device; (x) the reconstruction of a building or struc - ture in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed: Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans; (y) in relation to a literary, dramatic, artistic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (i) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment – (i) identifying the work by its title or other description; and (ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledg - ment of his name should be made, also identifying the author; (z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound record - ing in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Gov - ernment or any local authority; Explanation – For the purpose of this clause, religious ceremony includes a marriage proces - sion and other social festivities associated with a marriage; (zb) the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by – (i) any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or (ii) any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoy - ment of such works by such persons: Provided that the copies of the works in such accessible format are made available to the per - sons with disabilities on a non-profit basis but to recover only the cost of production: Provided further that the organisation shall ensure that the copies of works in such acces - sible format as used only by persons with dis - abilities and takes reasonable steps to prevent its entry into ordinary channels of business; Explanation – For the purposes of this sub- clause, “any organisation” includes and organi - sation registered under section 12A of the
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