Copyright Act 1957
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COPYRIGHT
SECTION 13.
WORKS IN WHICH COPYRIGHT SUBSISTS
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Subject to the provisions of this section and the other provisions of this 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.
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Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 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- In the case of an unpublished work other than a work of architecture, the author is, at the date of the making of the work, a citizen of India or domiciled in India; and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 a 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 sub-section shall be satisfied by all the authors of the work.
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Copyright shall not subsist—
- In any cinematograph film if 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.
- 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.
- 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.
- Substituted by Act 23 of 1983 for “records” (w.e.f. 09-08-1984).
- Substituted by Act 38 of 1994 for “architectural work of art” (w.e.f. 10-05-1995).