REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 6oJ

NEW DELHI, FRIDAY, NOVEMBER 5, 1982/KARTIKA 14, 1904

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following Bill was introduced

in the Rajya Sabha on the 5th

November, 1982: —

BILL NO. XLI OF 1982

A Bill to amend the Copyright Act, 1957.

BE it enacted by Parliament in the Thirty-third Year of the Republic

of India as follows: —

1. (1) This Act may be called the

(Amendment) Act,

1982.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. Throughout the Copyright Act, 1957 (hereinafter referred to as the

principal Act), unless otherwise expressly provided, for the word "radio-

diffusion", wherever it occurs, the word "broadcast" shall be substituted.

3. In section 2 of the principal Act,—

14 of 1957.

Short

title and

com-

mence-

ment.

Substitu-

tion of

expres-

sion

"radio-

diffusion''

by expres-

sion "broad-

cast".

Amend-

ment of

section 2.

THE GAZETTE OF INDIA EXTBAORDINABY

[PABT II—

(a) after clause (d), the following

clause shall be inserted,

namely: —

' (dd) "broadcast" means communication to the public—

(/) by any means of wireless diffusion, whether in any

one or more of the forms of signs, sounds or visual images; or

(ii) by wire,

and includes a re-broadcast;';

(b) alter clause (f), the following clause shall be inserted,

namely: —

'iff) "communication to the public" means communication

to the public in whatever manner, includmg communication

through satellite;';

namely: —

'(I) "Indian work" means a literary, dramatic or musical

work,—

(i) the author of which is a citizen of India; or

(ii) which is first published in India; or

(Hi) the author of which, in the case of an unpublished

work, is, at the time of the making of the work, a citizen

of India;';

(d) clause (v) shall be omitted.

4. In section 3 of the principal Act, in clause (a), for the worda

"work to the public in sufficient quantities", the words "work, either in

whole or in part, to the public in a manner sufficient to satisfy the

reasonable requirements of the public having regard to the nature of the

work" shall be substituted.

5. In section 6 of the principal Act, for clause (a), the following

clause shall bo substituted, namely: —

"(a) whether for the purposes of section 3, copies of any,—•

(i) literary, dramatic, musical or artistic work are issued to

the public in a manner sufficient to satisfy the reasonable require-

ments of the public; or

(ii) records are issued to the public in sufficient quantities;

or".

6. In section 12 of the principal Act, in sub-section (7), for the words

and figures "sections 480 and 482 of the Code of Criminal Procedure,

1898", the words and figures "sections 345 and 346 of the Code of Criminal

Procedure, 1973" shall be substituted.

7. In section 15 of the principal Act, the words "Indian Patents and",

at both the places where they occur, shall be omitted.

8. In section 17 of the principal Act,—

(a) after clause (c), the following clause shall be inserted,

namely: —

"(cc) in the case of any address or speech delivered in

public, the person who has delivered such address or speech or

if such person has delivered such address or speech on behalf

Amend-

ment of

sections.

Amend-

ment of

section 6.

Amend-

ment of

section

12.

Amend-

ment of

section

15.

Amend-

ment of

section

17.

S Of 1808.

3 of 1074.

Sm. 2]

THE SAZETTE OF INDIA EXTRAORDINARY

of any other person, such other person shall be the first owner

of the copyright therein notwithstanding that such person is

employed by any other person who arranges such address or

speech or on whose behalf or premises such address or speech

Is delivered;";

(b) after clause (d), the following clause and Explanation shall

be inserted, namely: —

'(dd) in the case of a work made or first published by or

under the direction or control of any body corporate, such body

corporate shall, in the absence of any agreement to the contrary,

be the first owner of the copyright therein.

Explanation.—For the purposes of this clause and section 28A,

"body corporate" includes a firm or other association of persons.'.

9. Section 19 of the principal Act shall be re-numbered as sub-

section (1) thereof and after sub-section (1) as so re-numbered, the

following sub-section shall be inserted, namely:—•

"(2) The assignment of the copyright in any work shall, among

other things, indicate clearly the rights proposed to be assigned and

the size of the work.".

10. After section 19 of the principal Act, the following section shall

be inserted, namely: —

"19A. Where any dispute arises with respect to the assignment

of, or any of the terms of the assitjnment of, any copyright, the

parties to the dispute and after holding such inquiry as It may deem

necessary, pass such orders as it may deem fit, including orders by

way of giving- permission to the owner of the copyright to revoke

Its assignment if the terms of the assignment are harsh to him or if

the publisher unduly delays the publication of the work or by way

of issue of a certificate for the recovery of any royalty due to the

owner.".

11. After section 28 of the principal Act, the following section shall

be inserted, namely: —

"28A, In the case of a work, where a body corporate is the first

owner of the copyright therein, copyright shall subsist until fifty

years from the beginning of the calendar year next following the

year in which the work is first published.",

12. After section 31 of the principal Act, the following section shall

be inserted, namely:-—

"31 A. (1) Where, in the case of an unpublished work, the author

is dead or unknown or cannot be traced, or the owner of the copy-

right in such work cannot be found, any person may apnly to the

Copyrlgnt Board for a licence to publish such work or a translation

thereof in any language.

(2) Before making an application under subjection (1), the

applicant shall publish his proposal in one issue of a daily news-

Amend-

ment of

section

19.

Inser-

tion of

new

section

19A.

Disputes

with res-

pect to

assign-

ment of

Insertion

of new

section

28A.

Term of

copy-

right in

works of

body cor-

porate.

Insertion

of new

section

31A.

Compul-

sory

licence in

unpub-

lished

works

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

paper in the English language having circulation in the major part

of the country and where the application is for the publication of a

translation in any language, also in one issue of any daily newspaper

In that language.

(5) Every such application shall be made in such form as may

be prescribed and shall be accompanied with a copy of the adver-

tisement issued under sub-section (2) and such fee as may be pres-

cribed,

"ii

(4) Where an application is made to the Copyright Board under

this section, it may, after holding such inquiry as mav be prescribed

direct the Registrar of Copyrights to grant to the applicant a licence

to publish the work or a translation thereof in the language men-

tioned in the application subiect to the payment of such royalty

and subiect to such other terms and

conditionq a? the Copyright

Board may determine, and thereupon the Registrar

Copyrights

shall grant the licence to the applicant in accordance with the direc-

tion of the Copyright Board.

(5) Where a licence is granted under this section, the Registrar

of Copyrights

may, by order, direct the

anplicant to deposit the

•amount of the rovaltv determined bv the Copyright Board in the

publia account of India or in anv other account specified

by the

CoDvrieht Board so as to enable the owner of the copyright or, as

the case may be. his heirs, executors or the legal representatives to

claim such royalty at any time.

(S) Without preiudice to the forecoinp provisions of this sec-

tion, in the case of an

unnubiiihed Indian

work, if the original

author is dead, the Copvrieht Board mav, if it, considers that the

nubUcstion of thp wnrk i^ durable in the national Interest, require

the heirs, executors or Vtfal rpnresenfatives of the author to publish

3uch work within such period as mav be specified bv it.

(7) Where nnv w*vr> is not nnhiishprl within the period speci-

fied bv the ConvriVht Board

under suh-ser-tion (6^, it may, on an

arniiimtion made bv anv nerson for permission to publish the work

and utter h^arinc the nartles con^ern^ r>ermit Ruch publication on

payment of such rovaltv as the Copyright Board may, In the circum-

stances of such case, determine in the prescribed manner.",

13 Tn section 32 of the principal Act,—

(a) In sub-section (1),—

(i) after the words "In any language", the words "after

period of seven y&ars from the first publication of the work" shall

be Inserted;

(H) the following provisos shall be inserted at the encl,

namely:—

"Provided that where the translation of any such work

which is not an Indian work is required for the purposes of

teaching:, scholarship or research, such application may be

made after a period of three years from such publication;

Provided further that where the translation referred to

In the preceding proviso Is In a language not in general use

In any developed country, such application may be made

after a nertoil of one year from such publication";

Amend-

ment of

section

32.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) In sub-section (4),—

(i) in the opening paragraph, for the portion beginning with

the words "the application, on condition that the applicant" and

ending with the words "in the prescribed manner:", the follow-

ing shall be substituted, namely:—

"the application—

(i) subject to the condition that the applicant shall

pay to the owner of the copyright in the work royalties

in respect of copies of the translation of the work sold

to the public, calculated at such rate as the Copyright

Board may. in the circumstances of each case, determine

in the prescribed manner; and

(ti) where such licence is granted on an application

under either of the provisos to sub-section (1), subject

also to the condition that the licence shall not extend to

the export of copies of the translation of the work out-

side India and every copy of such translation shall con-

tain a notice in the language of such translation that

the copy is available for distribution only in India:

Provided that nothing in clause (ii) shall apply to the

export by Government or any authority under the Govern-

ment of copies of such translation in a language other than

English, French or Spanish to any country if—

(1) such copies are sent to citizens of India residing

outside India or to any association of such citizens out-

side India; or

(2) such copies are meant to be used for purposes of

teaching, scholarship or research and not for any com-

mercial purpose; and

(3) in either case, the permission for such export

has been given by the Government of that country:";

(ii) in the proviso,—

(1) for the words "Provided that", the words "Provided

further that" shall be substituted;

(2) in clause (a), for the words "within seven years of

the first publication of the work", the words "within seven

years or three years or one year, as the case may be, of the

first publication of the work" shall be substituted;

THK GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) in clause (b), for the words "he was unable to find",

the words "he was, after due diligence on his part, unable

to find" shall be substituted;

(4) in clause (c),—

(A) for the words "such authorisation to the publisher

whose name appears from the work", the words, brackets

and figure "such authorisation by registered air mail post

to the publisher whose name appears from the work, and

in the case of an application for licence under sub-section

(2) (not being an application under either oi the provisos

thereto)" shall be substituted;

(B) for the words "the application for the licence', the

words "such application" shall be substituted;

(5) after

clause

(c), the

following clauses shall be

inserted, namely: —

"(cc) a period of six months in the case of an appli-

cation under the first proviso to sub-section (1), or nine

months in the case of an application under the second

proviso to that sub-section has elapsed from the date of

making the request under clause (b) of this proviso, or

where a copy of the request has been sent under clause

r(c) of this proviso, from the date of sending of such

copy, and the translation of the work in the language

mentioned in the application has not been published by

the owner of the copyright in the work or any person

authorised by him within the said period of six months

or nine months, as the case may be;

(ccc) in the case of an application made under either

of the provisos to sub-section (1), if the work is composed

mainly of illustrations, the provisions of section 32A are

also complied with;";

(4), the following sub-sections and

Explanation shall be inserted, namely: —

' (5) Any broadcasting authority may apply to the Copyright

Board for a licence to produce and publish the translation of—

(a) a work referred to in the provisos to sub-section (1);

(b) Any text incorporated in

audio-visual

fixations

prepared and published solely for the purpose of systematic

instructional activities for broadcasting such translation for

the purposes of teaching or for the dissemination of the

results of specialised, technical or scientific research to the

experts in any particular field.

Sic. 2J

THE GAZETTE OF INDIA EXTRAORDINARY

(6) The provisions of sub-sections (2) to (4) shall, so fat- as

may be, apply to the grant of a licence under sub-section (5) and

such licence shall not also be granted unless—

(a) the translation is made from

a work

lawfully

acquired;

(b) the broadcast is made through the medium of sound

and visual recordings;

and exclusively

made for the purpose of broadcasting in India by the appli-

cant or by any other broadcasting agency; and

(d) the translation and the broadcasting of such trans-

lation are not used for any commercial purposes.

Explanation.—For the purposes of this section,—

(a) "developed country" means a country which is not

a developing country;

(b) "developing country" means a country which Is for

the time being regarded as such in conformity with the

practice of the General Assembly of the United Nations;

industrial research, or purposes of research by bodies corpo-

rate (not being bodies corporate owned or controlled by

Government) or other associations or body of persons for

commercial purposes;

(d) "purposes of teaching, research or scholarship"

includes—

(i) purposes of instructional activity at all levels in

educational institutions, including Schools, Colleges, Uni-

versities and tutorial institutions; and

(ii) purposes of all other types of organised educa-

tional activity.'.

14. In Chapter VI of the principal Act, after section 32, the following

sections shall be inserted, namely: —

"32A. (1) Where,—

(a) after the expiration of the relevant period from the

date of the flrst publication of an edition of a literary, scientific

or artistic work, the copies of such edition afre not made avail-

able In India; or

(b) such copies have not been put on sale in India for a

period of six months,

Inser-

tion of

new¹ sec-

tions 32A

and 32B.

Licence to

reproduce

and pub-

lish

works

for

certain

purposes.

fHE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

to the general public, or in connection with systematic Instructional

activities at a price reasonably related to that normally charged In

India for comparable works by the owner of the right of reproduc-

tion or by any person authorised by him in this behalf, any person

may apply to the Copyright Board for a licence to reproduce and

pubLsh such work in printed or analogous forms of reproduction at

the price at which such edition Is sold or at a lower price for the

purposes of systematic instructional activities.

(2) Every such application shall be made in such form as may

be prescribed and shall state the proposed retail price of a copy of

the work to be reproduced.

(3) Every applicant for a licence under this section shall, along

with his application, deposit with the Registrar of Copyrights such

fee as may be prescribed.

(4) Where an application is made to the Copyright Board under

this section, it may, after holding such inquiry as may be prescribed,

grant to the applicant a licence, not being an exclusive licence, to

produce and publish a reproduction of the work mentioned in the

application subject to the conditions that,^

(i) the applicant shall pay to the owner of the copyright

in the work royalties in respect of copies of the reproduction of

the work sold to the public, calculated at such rate as the Copy-

right Board may, in the circumstances of each case, determine

in the prescribed manner;

(ii) a licence granted under this section shall not extend to

the export of copies of the reproduction of the work outside

India and every copy of such reproduction shall contain a

notice that the copy is available for distribution only in India:

Provided that no licence shall be granted unless—

(a) the applicant has proved to the satisfaction of the

authorisation by the owner of the copyright in the work to

reproduce and publish such work or that he was, after due

diligence on his part, unable to find such owner;

(b) where the applicant was unable to find the owner

of the copyright, he had sent a copy of his request for such

authorisation by registered air-mail post to the publisher

whose name appears from the work not less than three months

before the application for the licence;

is competent to reproduce and publish an accurate repro-

duction of the work and possesses the means to pay to the

owner of the copyright the royalties payable to him under

this section;

&EC. 2]

THE GAZJLTTK OF INDIA EXTRAORDINARY

(a) the applicant undertakes to reproduce and publish

the work at such price as may be fixed by the Copyright

Board, being a price reasonably related to the price normally

charged in India for works of the same standard on the same

or similar subjects;

(e) in the case of an application for the reproduction

and publication of any work of natural science, physical

science, mathematics or technology, a period of six months

has elapsed from the date of making the request under

clause (a), or where a copy of the request has been sent under

clause (b), from the date of sending of a copy, and a repro-

duction of the work has not been published by the owner of

the copyright in the work or any person authorised by him

within the said period of six months;

(f) the name of the author and the title of the parti-

cular edition of the work proposed to be reproduced shall

be printed on all the copies of the reproduction;

(fif) the author has not withdrawn from circulation copies

of the work; and

(h) an opportunity of being heard is given, wherever

practicable, to the owner of the copyright in the work.

(5) No licence to reproduce and publish a translation of a work

in a language shall be granted under this section unless such trans-

lation in that language has been published by the owner of the right

of translation or any person authorised by him and the language of

the translation is a language in general use in India.

(6) The provisions of this section shall also apply to the repro-

duction and publication, or translation into a language in general use

in India, of any text incorporated in audio-visual fixations solely for

the purpose of systematic instructional activities.

Explanation.—For the purposes of this section, "relevant period",

in relation to any work, means a period of—

(a) seven years from the date of the first publication of that

work, where the application is for the reproduction and publica-

tion of any work of, or relating to, fiction, poetry, drama, music

or art;

(b) three years from the date of the first publication of that

work, where the application is for the reproduction and publica-

tion of any work of, or relating to, natural science, physical

science, mathematics or technology; and

work, in any other case.

TTTE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

32B. (1) If, at any time after the granting of a licence to produce

and publish the translation of a work in any language under the

provisos to sub-section (1) of section 32 (hereafter in this sub-section

referred to as the licensed work), the owner of the copyright in the

work or any person authorised by him publishes a translation of such

work in the same language and which is substantially the same in

content at a price reasonably related to the price normally charged

in India for the translation of works of the same standard on the same

or similar subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the

expiry of a period of three months from the date of service of a

notice in the prescribed manner on the person holding such licence by

the owner of the right of translation intimating the publication of the

translation as aforesaid:

Provided further that copies ol the licensed work produced and

published by the person holding such licence before the termination

of the licence takes eilect may continue to be sold or distributed

until the copies already produced and published are exhausted.

(2) If, at any time after the granting of a licence to produce and

publish the reproduction or translation of any work under section

32A, the owner of the r^ght of reproduction or any person authorised

by him sells or distributes copies of such work or a translation there-

of, as the case may be, in the same language and which is substan-

tially the same in content at a price reasonably related to the price

normally charged in India for works of the same standard on the

same or similar subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after

the expiry of a period of three months from the date of service of a

notice in the prescribed manner on the person holding the licence by

the owner of the right of reproduction intimating the sale or distri-

bution of the copies of the editions of work as aforesaid:

Provided further that any copies already reproduced by the

licensee before such termination takes effect may continue to be sold

or distributed until the copies already produced are exhausted.'.

15. In sub-section (1) of section 37 of the principal Act, the words "by

radio-diffusion" shall be omitted.

16. In section 45 of the principal Act, to sub-section (1), the following

proviso shall be added, namely: —

"Provided that in respect of an artistic work which is used or is

capable of being used in relation to any goods, the application shall

include a statement to that effect and shall be accompanied by a

certificate from the Registrar of Trade Marks referred to in section 4

of the Trade and Merchandise Marks Act, 1958, to the effect that no

trade mark identical with or deceptively similar to such artistic

work has been registered under that Act in the name of, or that no

application has been made under that Act for such registration by,

any person other than the applicant.".

Termina-

tion of

licences

issued

under

this

Chapter.

Amend-'

ment of

•ection

37.

Amend-

ment of

section

40.

43 of 1958

SEC. 21

.THE GAZETTE OF INDIA EXTRAORDINARY

17. In Chapter X of the principal Act, after section 50, the following

section shall be inserted, namely: —

"50A. Every entry made in the Register of Copyrights or the

particulars of any work entered under section 45' the correction of

every entry made in such register under section 49, and

every rec-

tification ordered under section 50, shall be published by the Re-

gistrar of Copyrights in the Official Gazette or in such other manner

as he may deem fit.".

18. In sub-section (1) of section 52 of the principal Act, in clause (b),

the following Explanation shall be inserted at the end, namely: —

"Explanation.—The publication of a compilation of addresses or

speeches delivered in public is not a fair dealing of such work within

the meaning of this clause.".

19. In sub-section (3) of section 53 of the principal Act, for the words

and figures "under section 19 of the Sea Customs Act, 1878", the words

and figures ""under section 11 of the Customs Act, 1962" shall be subs-

tituted.

20. In section 59 of the principal Act, in sub-section (1), for the words

and figures

"the Specific Relief Act, 1877", the words and figures "the

Specific Relief Act, 1963" shall be substituted.

21. In section 60 of the principal Act, for the words and figures "in

section 42 of the Specific Relief Act, 1877", the words and figures "in

section 34 of the Specific Relief Act, 1963" shall be substituted.

22. In section 70 of the principal Act, for

the words "a presidency

magistrate or a magistrate of the first class", the words "a

Metropolitan

Magistrate or a Judic'al Magistrate of the first class" shall be substituted.

23. In section 78 of the principal Act, fnr sub-section (3), the following

sub-section shall be substituted, namely: —

" (3) Every rule made under this section shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is

in session, for a total period of thirty days which may be comprised

in one session or in two or more successive sessions, and if, before

the expiry of the session immediately following tho session or the

successive sessions aforesaid, both Houses agree in making any modi-

fication in the rule or both Houses agree that the rule should not

be made, the rule shall thereafter have effect rnly in such modified

form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity

pf anything previously done under that rule.".

8 of 1878.

51 of 1982.

1 of 1877.

47 of 1963.

1 of 1877.

47 of 1963.

Insertion

of new

section

50A.

Entries

in the

of Copy-

rights,

etc., to

be publi-

shed.

Amend-

ment of

section 52.

Amend-

ment of

section

53.

Amend-

ment of

section

59.

Amend-

ment of

section

60.

Amend-

ment of

section

70.

Amend-

ment of

section

78.

I a

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

India Is a member of the two International

Conventions on Copy-

right, namely, the Berne Convention for the Protection of Literary and

Artistic Works (1948 Brussels Text) and the Universal Copyright Con-

vention (1952). The Copyright Act, 1957, conforms to the provisions of

these two Conventions

Both these Conventions were revised at Paris

in 1971. These revised

Conventions provide

for

certain

additional

facilities to enable the developing countries to grant compulsory licences

for translation and reproduction of works of foreign origin required for

purposes of teaching, scholarship or research or for

purposes of syste-

matic instructional activities, if these rights could not be obtained on

freely negotiated terms under conditions enabling their publication

ensuring their availability at prices reasonable in their context.

As a

developing country, it will be in our

interest to adhere to the

two

revised Conventions so as to avail of the

benefits of the compulsory

rights. It is accordingly proposed to suitably amend the Act to conform

to the provisions of the revised Conventions and thereafter actede

the revised Conventions so that India can take advantage of the revised

provisions of the two Conventions.

2. The working of the Act has also revealed

certain lacunae

and

administrative drawbacks, especially in relat-on to the protection of

authors' rights. There is also no provision in the Act at present for the

publication of unpublished works of an Indian author who is either dead

or unknown or whose whereabouts are not traceable or where the owner

of the copyright cannot be located. It is proposed to

make

certain

amendments in the Act to remove these lacunae and practical difficul-

ties and to make certain additional provisions

pertaining to

authors'

rights.

3. The Bill provides, among other things, for 1he following

amend-

ments to the Act to give effect to the above proposals, namely: —

(1) To provide for compulsory licensing for the translation of

a foreign work after the expiry of three years from the publication

of the work and if the translation of the work is in a language not in

general use in any developed country, after the expiry of a period

of one year from such publication if s"uch work is required for

the

purposes of teaching, scholarship or research,

(2) To provide for the compulsory licensing of the reproduction

of any edition of a foreign literary, scientific or artistic work

for

the purposes of systematic instructional activities if, after the expiry

of certain periods (which will vary

depending

on the

subject

matter of the work) from the date of the first publication of

that

edition, the copies are not available in India at a price reasonably

related to that normally charged in India for the same or similar

work.

(3) It is proposed to provide that

in the case of unpublished

works where the author is either dead or unknown or the owners of

SKC. 21

THE GAZJSTTE OF INDIA EXTRAORDINARY

the copyright cannot be traced, any person wishing to publish the

material or a translation thereof may advertise his proposal and

thereafter apply to the Copyright Board for permission which,

while granting such permission, would fix an appropriate royalty.

The royalty could be deposited in the Public Account of India or in

any other suitable place for a specific period so that in the event of

the owner of the copyright becoming known, he could claim it. It

is also proposed that in the case of unpublished Indian works where

the original author is dead and the publication of the work ig desir-

able in the national interest, a reasonable period would be given to

his legal representatives to make necessary arrangements for the

publication of the unpublished material. In case they fail to do so,

the Copyright Board is empowered to give permission to publish

the work on payment of royalty.

(4) It is proposed to provide for the manner of assignments of

Board to decide disputes arising out of such assignments which may

extend to permitting the author to withdraw from the assignment.

(5) It is proposed to prescribe the term of copyright in works

owned by bodies corporate as fifty years from the beginning of the

calendar year next following the year in which the work i« first

published as in the case of Government works.

(6) Broadcasting authorities are also being permitted to trans-

late foreign works for broadcasting for the purpose of systematic

instructional activities.

(7) To provide for copyright in lectures, addressee, etc., delivered

in public and for the publication of the entries made in Copyright

4. The Bill seeks to achieve the above Objects.

Nfcw DELHI;

The 2nd November, 1982.

SHEILA KATJL.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAR* I I -

FINANCIAL MEMORANDUM

Clause 10 of the Bill, which seeks to insert a new section 19A in the

assignment of copyright by the Copyright Board after holding such in-

quiry as it may deem necessary. Clauses 12 and 14, which seek to intro-

duce new sections 31A and 32A respectively in the Act, provide for appli-

cations being made to the Copyright Board for compulsory licences for

publication of unpublished works and for reproduction of foreign works.

Clause 13, which seeks to amend existing section 32 of the Act, provides

for licences being given for translation of any foreign work for the pur-

poses of teaching, scholarship or research. The above provisions would

require the strengthening of the administrative structure of the copy-

right office, inter alia, by the setting up of a licensing wing to handle

the applications for grant of licences. The provision for the issue of

licences would also require the setting up of a Copyright Information

Centre mainly for the purpose of disseminating information in regard

to procedures for obtaining copyright and for identifying the copyright

owners of foreign works with whom negotiations would have to be under-

taken for obtaining copyright. The additional expenditure that is likely

to be incurred on this account is expected to be of the order of Rs. 2.0

lakhs per annum. This expenditure is, however, expected to be offset

to a large extent by the revenues that may be realised from fees propo-

sed to be levied on applications for the grant of licences and from the

proposed increase in the registration fee and sale of published documents.

2. Some non-recurring expenditure is also likely to be involved on

providing necessary equipment, furniture and other

requirements for

the new staff proposed to be appointed. It is not possible to estimate

the precise expenditure that is likely to be incurred on this account.

3. The Bill -would not involve any other expenditure, either recurring

or non-recurring.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 12 and 14 of the Bill, which propose to introduce new sections

31A and 32A in the Copyright Act, 1957 provide for application being

made to the Copyright Board for licences to publish unpublished works

and to publish reproduction of foreign works respectively. Clause 13 of

the Bill amends section 32 of the Act to enable any person to apply to

the Copyright Board for a licence to translate any foreign work

for

the purposes of teaching, scholarship or research. The form in which

the applications for such licences may be made, the fees that shall be

payable along with such applications, the manner in which an inquiry

may be made by the Copyright Board before granting the licence and

the determination by the Copyright

Board of royalties payable for

such licences shall be such as may be prescribed by rules made under

the Act.

2. The above matters with respect to which rules may be made are

matters of procedure or administrative detail

and the Act already

makes provision for such matters being prescribed by rules In respect

of applications for licences which may now be made under the Act.

3. The delegation of legislative power is thus normal in character.

SUDARSHAN AGARWAL,

Secretary-General.

PJRINTED

THE

GENERAL MANAGEH,

GOVERNMENT OF INDIA

PRESS,

MINTO ROAD,

NEW

DELHI

AND

PUBLISHED

THE

CONTROLLER

PUBLICATIONS,

DELHI,

1982