Indian Copyright Act (5th Amendment), 1999
THE COPYRIGHT (AMENDMENT) ACT, 1999
No. 49 of 1999
[30th December, 1999.]
An Act further to amend the Copyright Act, 1957.
Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—Short title and commencement. 1. (1)This Act may be called the Copyright (Amendment) Act, 1999.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.Amendment of section 2. 14 of 1957.2. In the Copyright Act, 1957 (hereinafter referred to as the principal Act), in section 2, in clause (o), for the words "data basis", the word "databases" shall be substituted. Amendment of section 14. 3. 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 commercial 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. 4. 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. 5. After section 40 of the principal Act, the following section shall be inserted, namely:— Power of Central Government to apply Chapter VIII to broadcasting organisations and performers in certain other countries. "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 order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply—
Insertion of new section 42A.6. After section 42 of the principal Act, the following section shall be inserted, namely:—Power to restrict rights of foreign broadcasting organisations and performers."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 or 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.".
7. In section 52 of the principal Act, in sub-section (1),— Amendment of section 52. 7. In section 52 of the principal Act, in sub-section (1),—
(a) after clause (aa), the following clauses shall be inserted, namely:—
(b) in the proviso to clause (p), for the words "fifty years", the words "sixty years" shall be substituted.