Book Title: Copyright Act 1957 Author(s): Publisher: View full book textPage 4
________________ COPYRIGHT ACT, 1957 [S. 3 3. Meaning of publication. For the purposes of this Act, "publication" means, - (a) in the case of a literary, dramatic, musical or artistic work, the issue of copies of the work to the public in sufficient quantities ; (b) in the case of a cinematograph film, the sale or hire or offer for sale or hire of the film or copies thereof to the public ; (c) in the case of a record, the issue of records to the public in suffi cient quantities ; but does not, except as otherwise expressly provided in this Act, include, (i) in the case of a literary, dramatic or musical work, the issue of any records recording such work ; (ii) in the case of a work of sculpture or an architectural work of art, the issue of photographs and engravings of such work. 4. When work not deemed to be published performed in public. Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright. 5. When work deemed to be first published in India. -For the purposes of this Act, a work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work ; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine. 6. Certain disputes to be decided by Copyright Board.-If any question ariscs, (a) whether for the purposes of Sec. 3, copies of any literary, dramatic, musical or artistic work, or records are issued to the public in sufficient quantities ; or (b) whether for the purposes of Sec. 5, the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act ; it shall be referred to the Copyright Board constituted under Sec. 11 whese decision thereon shall be final. 7. Nationality of author where the making of unpublished work is extended over considerable period.-Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.. 8. Domicile of corporations.--For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.Page Navigation
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