الهند

Short ti tie and commence­ ment.

Amendment of section Z.

Amendment of section 14.

Amendment of section 38.

Insertion of new section 40A.

Power of Cen­ tral Govern­ ment to apply Chapter Vlll to broadcasting organisations and performers in certain other countries.

THE COPYRIGHT (AMENDMENT) ACT,1999

No. 49 OF 1999

[3QthDecember, 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:­ .

1. (1). This Act may be called the Copyright (Amendment) Act, 1999.

. (2) ,Itshall come into ·force on §Uch*date as the' Central Government may, by notification in the Official Gazette, appoint.

2. In the Copyright Act, 1957 (hereinafter referred to as the principal Act), 14 of 195?. in section 2, in clause (o), for the words "data basis", the word "databases" shall be substituted.

3. In section 14 of the principal Act, in clause (b),·f9r 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 ropy of the computer programme:

Provided that such commercial rental does rtot apply in respect of computer programmes where the programme itself is not the essential object of the rental.".

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.·

5, After section 40 of the principal Act, the following section sl:lall be inserted, ~~~ .

"40A. (J) 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

[Acr49 OF 1999) Copy Right (Amendment) . 357

foreign country, of the rights of broadcasting organisations and performers as is avajlable under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply­

(a) to broadcasting organisations whose headquarters is situated in a coun­ try to which the order relates or, the broadcast was transmitted from a transmitter situated in a country .to which. the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India;

(h) to performances that took place outside India to which the order relates in like manner as if they took place in India;

(c) to performances that are incorporated in a sound recording published in a country to which the order relates as if it were published in India;

(d) to performances not fixed on a sound recording broad~ast by a broadcasting organisation the headquarters of whic;:h is located in a country to • which the order relates or where the broadc~t is transmitted from a transmitter which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.

(2) Every order made under sub-section (1) may provide that­

(i) the provisions of Chapter VIII shall apply either generally or in relation to such class or classes of broadca~ts or performances or such other class or' classes of cases as may be specified in the order;

(ii) the tenn of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates;

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order; ·

(iv) Chapter VIII or any part thereof shall nO( apply to broadcast and perfonnances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order;

(v) in case of ownership ~f rights of broadcasting organisations and performers, the provis'ions of Chapter VIII shall apply with such exceptions. and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.".

6. After section 42 of the principal Act, the following section shall be inserted, , Insertion of namely:- new section

42A. "42A. If it appears to the Central Government that a foreign country does not Power to

give or has not undertaken to give adequate protection to rights of .broadcasting restrict rights of foreignorganisations or performers, the Central Governmentmay, by order published in broadcasting

the Official Gazette, direct that such of the provisions of this Act as confer right to organisations broadcasting organisations or perfonners, as the case rnay be, shall not apply to and perfor­ broadcasting organisations or perfonners whereof are based or incorporated in such mers. 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 perfonners.".

7. In section 52 of the principal Act, in sub-section (1),­

358 Copy -Right (Amendment) (ACT 49 OF 1999]

Amendment of section 52.

7. In section 52" of the prin~ipal Act, in sub-section (I),_,_

(a) after clause (aa), the followingclauses shall be inserted, namely:­

"(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created,computer programme with other· programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;

(ac) the observation, study or test of functioning of the computer .programipe in order to determine the ideas and principles w,hich underline any elements oftjhe programme while performing such acts necessary for the functions for which the computer programme was supplied;

(ad) the making of copies or adaptation of the computer programme from a personally legally qbtained copy for non-commercial personal use;";

(b) in the proviso to clause (p), for the words "fifty years", the words "sixty years" shall be sul::)stituted.