THE INTERNATIONAL COPYRIGHT ORDER, 1999
[S.O.228(E), dated 24th March
1999, published in the Gazette of India, Extra Pt II, Sec. 3 (i), dated 6th April
1999]
S.O. 228(E)- In exercise of the
powers conferred by section 40 of
the Copyright Act, 1957 (14 of 1957) and in supersession of
the International Copyright Order, 1991, the Central Government hereby makes
the following Order, namely:-
1. (1) This Order may
be called the International Copyright Order, 1999.
(2)
It shall come into force on the date of its publication in the Official
Gazette.
2. In this Order,
unless the context otherwise requires:-
(a) "Berne
Convention Country" means a country which is a member of the Berne
Copyright Union, and includes a country mentioned either in Part I or in Part
II of the Schedule;
(b)
"Phonogram" means an exclusively aural fixation of a performance or
other sounds;
(c) "Phonograms
Convention Country" means a country which has either ratified, or
accepted, or acceded to the Convention for the Protection of Producers of
Phonograms against Unauthorised Duplication of their Phonograms, done at Geneva
on the Twenty ninth day of October, one; thousand nine hundred and seventy-one,
and includes a country mentioned in Part V of the Schedule;
(d)
"Schedule" means the Schedule appended to this Order.
(e) "Universal
Copyright Convention Country" means a country which has either ratified,
or accepted, or acceded to the Universal Copyright Convention, and includes a
country mentioned either in Part III or in Part IV of the Schedule.
(f) "World Trade
Organisation Country" means a country which is a member of the World Trade
Organisation and which has either ratified, or accepted, or acceded to the
Agreement on Trade Related Aspects of Intellectual Property Right, 1994 and
includes a country mentioned in Part VI of the Schedule.
3. Subject to the
provisions of paragraphs 4,5 and 6, all the provisions of the Copyright Act, 1957 (14 of 1957), (hereafter referred to
as the Act), except those in Chapter VIII, and those other provisions which
apply exclusively to Indian works, shall apply :-
(a) to any work first
made or published in a country mentioned in Part I, II, III, IV or VI of the
Schedule, in like manner as if it was first published in India;
(b) to any work first
made or published in a country other than a country mentioned in Part I, II,
III, IV or VI of the Schedule, the author of which was, at the date of such
publication, or, where the author was dead on that date, he was at the time of
his death, a national of a country mentioned in Part I, II, 111, IV and VI of the
Schedule, in like manner, as if the author was a citizen of Indian at that
point of time;
(c) to an unpublished
work, the author whereof was, at the time of the making or publication of the
work, a national or domiciled in any country mentioned in Part I, II, 111, IV
and VI of the Schedule, in like manner, as if the author was a citizen of, domiciled
in, India;
(d) to any work first
made or published by a body corporate incorporated under any law of a country
mentioned in Part I, II, 111, IV or Part VI of the Schedule, in like manner, as
if it was incorporated under a law in force in India; and
(e) to a sound
recording first made, the producer of which was, at the date of such
production, a national of a country mentioned in Part V or Part VI of the
Schedule or a body corporate incorporated under a law in force in such a
country, in like manner as if the producer was the citizen of India or a body
corporate incorporated under a law in force in India, as the case may be, at
that point of time.
4. Notwithstanding
anything contained in paragraph 3, the provisions of Chapter VIII of the Act
shall apply to a Broadcasting Organisation and a Performer in a World Trade
Organisation Country mentioned in Part VI of the Schedule.
5. Notwithstanding
anything contained in clause (a) of paragraph 3 and paragraph 4 of the
provisions of sub-section (1) of section 32 of the Act-
(i) shall not apply
to a work first made or published in any Berne Convention Country mentioned in
Part I and Part II of the Schedule.
(ii) shall not apply
to a work first made or published in any World Trade Organisation Country
mentioned in Part VI of the Schedule.
(iii) shall apply to
a work first made or published in any Universal Copyright Convention Country
mentioned in Part III or Part IV of the Schedule. Only in respect of the
translation of such work into any language specified in the Eighth Schedule to
the Constitution of India.
6. The provisions of
section 32 (excluding its sub section (1) 32A and 32B shall apply to a work
first made or published in a Berne Convention Country mentioned in Part I of
the Schedule or in a Universal Copyright Convention Country mentioned in Part
III of the Schedule or in a World Trade Organisation Country mentioned in Part
VI of the Schedule.
7. The term of
copyright in a work shall not exceed that which is enjoyed by it in its country
of origin.
Explanation- In this paragraph,
"the country of origin" shall mean-
(a) in the case of a
work first made or published in a Berne Convention Country or in a Universal
Copyright Convention Country or a World Trade Organisation Country, that
country;
(b) in the case of a
work made or published simultaneously either in a Berne Convention Country or a
Universal Copyright Convention Country or in a World Trade Organisation Country
and in a country which is neither a Berne Convention Country nor a World Trade
Organisation Country, the former country.
(c) in the case of a
work which is made or published simultaneously in several Berne Convention
Countries, the country whose laws grant the shortest term of copyright to such
a work'
(d) in the case of a
work which is made or published simultaneously in several Universal Copyright
Convention Countries, the country whose laws grant the shortest term of
copyright to such a work;
(e) in the case of a
work which is made or published simultaneously in several World Trade Organisation
Countries, the country whose laws grant the shortest term of copyright to such
a work;
(f) in the case of an
unpublished work or a work first made or published in a country other than a
Berme Convention Country or a Universal Copyright Convention Country or a World
Trade Organisation Country, the country of which the author was a citizen, or
the country in which he was domiciled at the time of its first publication,
whichever grants the longer term of copyright.
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