(1) Subject to the provisions of this section and the other provisions of Indian Copyright Act, copyright shall subsist throughout India in the following classes of works, that is to say:-
- Original literary, dramatic, musical and artistic works;
- cinematograph films; and
- sound recordings;
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 (Power to extend copyright to foreign works) or section 41 (Provisions as to works of certain international organizations) apply, unless:-
- In the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
- In the case of an unpublished work other than a 43 [work of architecture] the author is at the date of the making of the work a citizen of India or domiciled in India; and
- In the case of work of architecture, the work is located in India.
Explanation:- in the case of a work of joint authorship, the conditions conferring copyright specified in this subsection shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist:-
- In any cinematograph film a substantial part of the film is an infringement of the copyright in any other work;
- In any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the sound recording is made.
(5) In the case of a work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.