________________ COPYRIGHT ACT, 1957 [S. 41 Provided that (i) before making an order under this section in respect of any foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to copyright to which India is also a party), the Central Government shall be satisfied that that foreign country has made, or has undertaken to make, such provision, if any, as it appears to the Central Government expedient to require for the protection in that country of works entitled to copyright under the provisions of this Act ; (ii) the order may provide that the provisions of this Act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order ; (iii) the order inay provide that the term of copyright in India shall not exceed that conferred by the law of the country to which the order relates ; (iv) the order may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order ; (v) in applying the provisions of this Act as to ownership of copyright, the order may make such exceptions and modifications as appear necessary, having regard to the law of the foreign country ; (vi) the order may provide that this Act or any part thereof shall not apply to works made before the commencement of the order or that this Act or any part thereof shall not apply to works first published before the commencement of the order. 41. Provisions as to works of certain international organizations (1) Where (a) any work is made or first published by or under the direction or control of any organization to which this section applies, and (b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be of the first publication thereof, and (c) either (i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or (ii) under Sec. 17 any copyright in the work would belong to the organization ; there shall, by virtue of this section, be copyright in the work throughout India. (2) Any organization to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright. (3) The organizations to which this section applies are such organizations as the Central Government may, by order published in the official Gazette, declare to be organizations of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.
