Indian Copyright Act (3rd Amendment) 1992

1813904Indian Copyright Act (3rd Amendment) 19921992Parliament of India


No. 13 of 1992

[3rd April, 1992.]

An Act further to amend the Copyright Act, 1957.

Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:—

Short title and commencement. 1. (1) This Act may be called the Copyright (Amendment) Act, 1993

(2). It shall be deemed to have come into force on the 28th day of December, 1991.

Amendment of Chapter V. 14 of 1957.2. In Chapter V of the Copyright Act, 1957 (hereinafter referred to as the principal Act), for the words "fifty-years", wherever they occur, the words "sixty years" shall be substituted.
Copyright not to subsist if term has expired. 3. For the removal of doubts, it is hereby declared that copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act.
Repeal and saving. Ord. 9 of 1991.4. (1) The Copyright (Amendment) Ordinance, 1991 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

This work is the work of Government of India. Section 52(1)(q) of the Indian Copyright Act, 1957 allows for the reproduction or publication of

  • any matter which has been published in any Official Gazette except an Act of a Legislature;
  • any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
  • the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
  • any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be.

The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain.

This work is also in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

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