Page:Indian Copyright Act (6th Amendment) 2012.djvu/10

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(2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.”.

Amendment of section 40. 29. In section 40 of the principal Act, in the proviso, in clause (iii), after the words “the order relates”, the words “but such a term of copyright shall not exceed the term of copyright provided under this Act” shall be inserted.

Amendment of section 40A. 30. In section 40A of the principal Act, in sub-section (2), in clause (ii), the following proviso shall be inserted, namely:—

“Provided that it does not exceed the period provided under this Act;”.

Amendment of section 45. 31. In section 45 of the principal Act, in sub-section (1), in the proviso,—

(i) for the words “relation to any goods”, the words “relation to any goods or services” shall be substituted;

(ii) for the words and figures “section 4 of the Trade and Merchandise Marks Act, 195843 of 1958.” the words and figures “section 3 of the Trade Marks Act, 199947 of 1999.” shall be substituted.

Amendment of section 52. 32. In section 52 of the principal Act, in sub-section (1),—

(i) for clause (a), the following clause shall be substituted, namely:—

(a) a fair dealing with any work, not being a computer programme, for the purposes of—

(i) private or personal use, including research;

(ii) criticism or review, whether of that work or of any other work;

(iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public.

Explanation.—The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright.”;

(ii) for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j), the following shall be substituted, namely:—

“(b) the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;

(c) transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:

Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitating access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;

(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;