14 of 1957 5 Amendment of section14.

This Act may be called the Copyright (Amendment) Act,  1999.

Short title and commencement

It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.

Amendment of 
Section 2

In the Copyright Act, 1957 (hereinafter referred to as the principal Act), in section 2, in clause (0), for the words "data  basis", the word "databases" shall be substituted.

5 

In section 14 of the principal Act, in clause (b), for sub-clause 

 (ii), the following shall be substituted, namely:

 "(ii) to sell or give on commercial rental or offer for sale or for   commercial rental any copy of the computer programme: Provided that such ommercial rental does not apply in respect  of computer programmes where the programme itself is not the  essential object of the rental".

Amendment of section 38.

In section 38 of the principal Act, in sub-section (2), for the  words "twenty-five years", the words "fifty years" shall be   substituted.

Insertion of new section 40A.

After section 40 of the principal Act, the following section  shall be inserted, namely: "40A. (1) If the Central Government is satisfied that a foreign  country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of  broadcasting organisations and performers to which India is  also a party) has made or has undertaken to make such  provisions, if any, as it appears to the Central Government  expedient to require, for the protection in that foreign country,  of the rights of broadcasting organisations and performers as is  available under this Act, it may, by other published in the  Official Gazette, direct  that the provisions of Chapter VIII shall  apply

to broadcasting organisations whose headquarters is  situated  in a country to which the order relates or, the  broadcast  was transmitted from a transmitter situated in a  country to which the order relates as if the headquarters of such  organisation were situated in India or such broadcast were made  from India;

to performances that took place outside India to which the order relates in like manner as if they took place in India;

to performances that are incorporated in  from India.a sound recording  published in a country to which the order relates as if it as   published in India;

to performances not fixed on a sound recording broadcast by  a broadcasting organisation the headquarters of which is  located  in a country to which the order relates or where the  broadcast is transmitted from a transmitter which is situated in a  country to which the order relates as if the headquarters of such  organisation were situated in India or such broadcast were made

Power of central 
Government to 
apply Chapter VIII  to broadcasting 
organisations and 
performers in certain
other countries.

Every order made under sub-section (1) may provide that

the provisions of Chapter VIII shall apply either generally or  in relation to such class or classes of broadcasts or  performances or such other class or classes of cases as may be  specified in the  order;

the term of the rights of broadcasting organisations and  performers in India shall not exceed such term as is conferred by  the law of the country to which the order relates;

the enjoyment of the rights conferred by Chapter VIII shall   be subject to the accomplishment of such conditions and  formalities, if any, as may be specified in that order;

Chapter VIII or any part thereof shall not apply to broadcast  and performances made before the commencement of the order  or that Chapter VIII or any part thereof shall not apply to  broadcasts and performances broadcast or performed before the  commencement of the order;

in case of ownership of rights of broadcasting organisations  and performers, the provisions of Chapter VIII shall apply with  such exceptions and modifications as the Central Government  may, having regard to the law of the foreign country, consider  necessary".

After section 42 of the principal Act, the following section  shall be inserted, namely:

Insertion of new section 42A

"42A". If it appears to the Central Government that a foreign  country does not give or has not undertaken to give adequate   protection to rights of broadcasting organisations or performers,  the Central Government may, by order published in the Official  Gazette, direct that such of the provisions of this Act as confer  right to broadcasting organisations or performers, as the case  may be, shall not apply to broadcasting organisations or  performers whereof are based on incorporated in such foreign  country or are subjects or citizens of such foreign country and  are not incorporated or domiciled in India, and thereupon those  provisions shall not apply to such broadcasting organisations or performers".

Power to restrict  
rights of foreign 
broadcasting 
organisations and
performers

7.(a)

(aa),

In section 52 of the principal Act, in sub-section
(1),  after clause the following clauses shall be inserted, namely:

Amendment of 
Section 52.

the doing of any act necessary to obtain information
essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such  information is not otherwise readily available;

the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;

the making of copies or adaptation of the computer
programme from a personally legally obtained copy for non-commercial personal use;".

in the proviso to clause (p), for the words "fifty years", the words "sixty years" shall be substituted.

ANNEXURE

EXTRACTS FROM THE COPYRIGHT ACT, 1957
(14 OF 1957)

Meaning of copyright

"literary work" includes computer programmes, tables and compilations including computer data basis;

For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-

in the case of a computer programme,

to sell or give on hire, or offer for sale or hire, any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasions;

the performer's right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made.

Certain acts not to be infringement of copyright.

The following acts shall not constitute an infringement of copyright, namely;

the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy

in order to utilise the computer programme for the purpose for which it was supplied; or

to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;

the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished liberty, dramatic or musical work kept in a library, museum or other institution to which the public has access:

Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only when the reproduction is made at a time more than fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the authors whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last;