Section 2:
Interpretation.
In this Act, unless the context otherwise requires,--
(a) adaptation means,--
(i) in relation to a dramatic work, the conversion of the work into a non-dramatic work;
(ii) in relation to a literary work or an artistic work, the conversion of the work into a
dramatic work by way of performance in public or otherwise;
(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of
the work in which the story or action is conveyed wholly or mainly by means of pictures in a
form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; 1***
(iv) in relation to a musical work, any arrangement or transcription of the work; 2[and]
2[(v) in relation to any work, any use of such work involving its re-arrangement or
alteration;]
3* * * * *
(b) 4[work of architecture] means any building or structure having an artistic character or design,
or any model for such building or structure;
(c) artistic work means,--
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving
or a photograph, whether or not any such work possesses artistic quality;
(ii) an 4[work of architectural]; and
(iii) any other work of artistic craftsmanship;
(d) author means,--
(i) in relation to literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
5[(v) in relation to a cinematograph film or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is
computer-generated, the person who causes the work to be created;]
6[(dd) broadcast means communication to the public--
(i) by any means of wireless diffusion, whether in any one or more of the forms of signs,
sounds or visual images; or
(ii) by wire,
and includes a re-broadcast;]
(e) calendar year means the year commencing on the 1st day of January;
7[(f) cinematograph film means any work of visual recording 8*** and includes a sound
recording accompanying such visual recording and cinematograph shall be construed as including
any work produced by any process analogous to cinematography including video films;]
9 [(fa) commercial rental does not include the rental, lease or lending of a lawfully acquired
copy of a computer programme, sound recording, visual recording or cinematograph film for
non-profit purposes by a non-profit library or non-profit educational institution.
Explanation.--For the purposes of this clause, a non-profit library or non-profit educational institution means a library or educational institution which receives grants from the Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).]
10[(ff) communication to the public means making any work or performance available for being
seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion
other than by issuing physical copies of it, whether a simultaneously or at places and times chosen
individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys
the work or performance so made available.
Explanation.--For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence
including residential rooms of any hotel or hostel shall be deemed to be communication to the
public;]
(g) delivery, in relation to a lecture, includes delivery by means of any mechanical instrument
or by 11[broadcast];
(h) dramatic work includes any piece for recitation, choreographic work or entertainment in
dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film;
12 [(hh) duplicating equipment means any mechanical contrivance or device used or intended to
be used for making copies of any work;]
(i) engravings include etchings, lithographs, wood-cuts, prints and other similar works, not
being photographs;
(j) exclusive licence means a licence which confers on the licensee or on the licenses and
persons authorised by him, to the exclusion of all other persons (including the owner of the
copyright), any right comprised in the copyright in a work, and exclusive licensee shall be
construed accordingly;
(k) Government work means a work which is made or published by or under the direction or
control of--
(i) the Government or any department of the Government;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;
13[(I) Indian work means a literary, dramatic or musical work,--
(i) the author of which is a citizen of India; or
(ii) which is first published in India; or
(iii) the author of which, in the case of an unpublished work, is, at the time of the making
of the work, a citizen of India;]
14[(m) infringing copy means--
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof
otherwise than in the form of a cinematograph film;
(ii) in relation to a cinematographic film, a copy of the film made on any medium by any
means;
(iii) in relation to a sound recording, any other recording embodying the same sound
recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction
right or a performer's right subsists under the provisions of this Act, the sound recording or a
cinematographic film of such programme or performance,;
if such reproduction, copy or sound recording is made or imported in contravention of the
provisions of this Act;]
(n) lecture includes address, speech and sermon;
15[(o) literary work includes computer programmes, tables and compilations including computer 16[databases];]
17[(p) musical work means a work consisting of music and includes any graphical notation of
such work but does not include any words or any action intended to be sung, spoken or performed
with the music;]
18[(q) performance, in relation to performer's right, means any visual or acoustic presentation
made live by one or more performers;]
19[(qq) performer includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake
charmer, a person delivering a lecture or any other person who makes a performance;]
20 * * * * * /bh
(s) photograph includes photo-lithograph and any work produced by any process analogous to
photography but does not include any part of a cinematograph film;
(t) plate includes any stereotype or other plate, stone, block, mould, matrix, transfer,
negative, 21[duplicating equipment] or other device used or intended to be used for printing or
reproducing copies of any work, and any matrix or other appliance by which 22[sound recording] for the acoustic presentation of the work are or are intended to be made;
23[(u) “prescribed” means,—
(i) in relation to proceedings before a High Court, prescribed by rules made by the High
Court; and
(ii) in other cases, prescribed by rules made under this Act;]
24[(uu) producer, in relation to a cinematograph film or sound recording, means a person who
takes the initiative and responsibility for making the work;]
25* * * * *
26* * * * *
27[(x) reprography means the making of copies of a work, by photocopying or similar means;
28[(xa) Right Management Information means,--
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d),
but does not include any device or procedure intended to identify the user.
(xx) sound recording means a recording of sounds from which such sounds may be produced
regardless of the medium on which such recording is made or the method by which the sounds are
produced;]
29(xxa) visual recording means the recording in any medium, by any method including the
storing of it by any electronic means, or moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.]
(y) work means any of the following works, namely:--
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) 22[sound recording];
(z) work of joint authorship means a work produced by the collaboration of two or more
authors in which the contribution of one author is not distinct from the contribution of the other
author or authors;
(za) work of sculpture includes casts and models.
Notes:
1. The word and omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).
2. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
3. Clause (aa) omitted by Act 33 of 2021, s. 10 (w.e.f. 4-4-2021).
4. Subs. by s. 2, ibid.., for architectural work of art (w.e.f. 10-5-1995).
5. Subs. by s. 2, ibid.., for sub-clauses (v) and (vi) (w.e.f. 10-5-1995).
6. Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984).
7. Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995).
8. The words on any medium produced through a process from which a moving image may be any means omitted by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).
9. Ins. by s. 2, ibid. (w.e.f. 21-6-2012).
10. Subs. by s. 2, ibid., for clause (ff) (w.e.f. 21-6-2012).
11. Subs. by Act 23 of 1983, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
12. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
13. Subs. by Act 23 of 1983, s. 2, for clause (l) (w.e.f. 9-8-1984).
14. Subs. by Act 38 of 1994, s. 2, for clause (m) (w.e.f. 10-5-1995).
15. Subs. by s. 2, ibid., for clause (o) (w.e.f. 10-5-1995).
16. Subs. by Act 49 of 1999, s. 2, for data basis (w.e.f. 15-1-2000).
17. Subs. by Act 38 of 1994, s. 2, for clause (p) (w.e.f. 10-5-1995).
18. Subs. by s. 2, ibid., for clause (q) (w.e.f. 10-5-1995).
19. Ins. by s. 2, ibid. (w.e.f. 10-5-1995).
20. Omitted by s. 2, ibid. (w.e.f. 10-5-1995).
21. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8-10-1984).
22. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10-5-1995).
23. Subs. by Act 33 of 2021, s. 10, for clause (u) (w.e.f. 4-4-2021).
24. Ins. by s. 2, ibid. (10-5-1995).
25. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9-8-1984).
26. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).
27. Subs. by s. 2, ibid., for clause (x) (w.e.f. 10-5-1995).
28 Ins. by Act 27 of 2012, s. 2 (w.e.f. 21-6-2012).