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THE GAZETTE OF INDIA
EXTRAORDINARY
PART II—Section 3—Sub Section (ii)
PUBLISHED BY AUTHORITY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(Department of Higher Education)
NOTIFCATION
New Delhi, the 20th June 2012
S.O. 1393(E)—In exercise of the powers conferred by sub-section (2) of Section 1 of the Copyright (Amendment) Act, 2012 the Central Government hereby appoints the 21st June, 2012 as the date on which the provisions of the Copyright (Amendment) Act, 2012 shall come into force.
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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