Works in Which Copyright Subsists

(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  • In the case of an unpublished work other than a 43 [work of architecture] the author is at the date of the making of the work a citizen of India or domiciled in India; and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.


Complete Act


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