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Copyright Ordinance, 1962 (Pt. 1 of 3)

Status: In force


An Ordinance to amend and consolidate the law relating to copyright

Whereas it is expedient to amend and consolidate the law relating to copyright:

Now, therefore, in pursuance of the proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the president is pleased to make and promulgate the following Ordinance: -

1.            Short title, extend and commencement- (1) This Ordinance may be called the Copyright Ordinance, 1962.

2.            It extends to the whole of Pakistan.

3.            It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

4.            Definitions. - In this Ordinance, unless there is any thing repugnant in the subject or context:-

5.            "Adaptation" means:

6.            In relation to a dramatic work, the conversion of the work into a non-dramatic work;

7.            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.

8.            In relation to a literary or dramatic work, any abridgment 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; and

(a)          in relation to a musical work, any arrangement or transcription of the work;

(b)          "architectural work of art" means any building or structure having an artistic character or design, or any model for such building o structure;

(c)           "artistic work" means:-

9.            A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possess artistic quality;

10.          An architectural work of art; and

11.          Any other work or artistic craftsmanship;

12.          "audio-visual work" means a work which consists of a series of related images which are intrinsically intended to be shown by the use of a machine or device, such as a projector, viewer or electronic equipment, together with accompanying sound, if any, regardless of the nature of the material object, such as film or tape, in which the work is embodied;

13.          "Author" means:-

(a)          In relation to a literary or dramatic work, the author of the work;

(b)          In relation to a musical work, the composer;

(c)           In relation to an artistic work other than a photograph, the artist;

(d)          In relation to a photograph, the person taking the photograph;

(e)          In relation to a cinematographic work, the owner of the work at the time of its completion; and

(f)           In relation to a record the owner of the original plate from which the record is made at the time of the making of the place;

14.          Board means the Copyright Board constituted under section45;

15.          Book includes every volume, or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan, separately printed or lithographed, but does not include a periodical or newspaper;

(a)          "calendar year" means the year commencing on the first day of January;

(b)          "cinematographic work" means any sequence of visual images including video films of every kind, recorded on material of any description (whether translucent or not), whether silent or accompanied by sound, which, if shown (played back, exhibited) conveys the sensation of motion;(ha) copy includes any material object in which a work is fixed by any method and from which the work can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device;(hb) counterfeit copy means a copy which is an imitation of another copy and appears to be, but is not, genuine;;

16.          "Delivery in relation to a lecture" includes delivery by means of any mechanical instrument or by broadcast or telecast;

(a)          "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 cinematographic work;

17.          Engravings include etchings, lithographs, woodcuts, prints and other similar works, not being photographs;

18.          Exclusive license means a license which confers on the licensee or on the licensee and persons authorized 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;

19.          Government work means a work which is made or published by or under the direction or control of:-

20.          The Government or any department of the Government; or

21.          Any court, tribunal or other judicial or legislative authority in Pakistan;

22.          Infringing copy means,-

23.          In relation to a literary, dramatic or artistic work, a reproduction thereof otherwise than in the form of a cinematographic works;

24.          In relation to cinematographic work, a copy of the work or a record embodying the recording in any part of the sound track associated with the film;

25.          In relation to a record, any record, embodying the same recording; and

26.          In relation to a programmed in which a broadcast reproduction right subsists under section 24, a record recording the programme: if such reproduction, copy or record is made or imported in contravention of any of the provision of this Ordinance;

(a)          lecture includes address, speech and sermon;

(b)          literary work includes works on humanity, religion, social and physical sciences, tables compilations and computer programmes, that is to say programmes recorded on any disc, tape, perforated media or other information storage device, which, if fed into or located in a computer or computer-based equipment is capable of reproducing any information

(c)           manuscript means the original document embodying the work, whether written by hand or not;

(d)          musical work means any combination of melody and harmony or either or them, printed, reduced to writing or otherwise graphically produced or reproduced;

(e)          newspapers means any printed periodical work containing public news or comments on public news published in conformity with the provisions of sections 5, 6, 7 and 8 of the Press and Publication Ordinance, 1960;

(f)           Pakistani work means a literary, dramatic musical or artistic work, the author of which is citizen of Pakistan and includes a cinematographic work or record made or manufactured in Pakistan;

(g)          performance includes any mode of visual or acoustic presentation, including any such presentation by the exhibition of a cinematographic work, or by means of broadcast or by the use of a record, or by any other means and, in relation to a lecture, includes the delivery of such lecture;

(h)          performing rights society means a society, association or other body, whether incorporated or not, which carries on in Pakistan the business of issuing or granting licenses for the performance in Pakistan of any works in which copyright subsists;

(i)            periodical includes a publication with distinctive title intended to appear in successive numbers or in parts at regular or irregular intervals and, as a rule, for an indefinite time, each part generally containing articles by several contributors;

(j)           photograph includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematographic work;

(k)          plate includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, tape, wire, optical film, or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliances by which records for the acoustic presentation of the work are or are intended to be made;

(l)            prescribed means prescribed by rules made under the Ordinance;

(m)         public libraries means the national library of Pakistan, Islamabad, and such other libraries as may be so declared by the Federal Government by notification in the official Gazette;

(n)          radio diffusion includes communication to the public by any means of wireless diffusion whether in the form of sounds or visual images or both;

(o)          record means any disc, tape, wire, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom, other than a sound track associated with a cinematographic work;

(p)          recording means the aggregate of the sounds embodied in and capable of being reproduced by means of a record;

(q)          reproduction in the case by a literary, dramatic or musical work, includes a reproduction in the form of a record or of a cinematographic work, and, in the case of an artistic work, includes a version produced by converting the work into a three-dimensional form, or if it is in three dimensions, by converting it into a two dimensional form and references to reproducing a work shall be construed accordingly;

27.          Registrar means the Registrar of Copyrights appointed under section 44 and includes a Deputy Registrar of Copyrights when discharging any function of the Registrar;

(a)          work means any of the following works, namely: - (i) a literary, dramatic, musical or artistic work; (ii) a cinematographic work; (iii) a record;

(b)          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 authors; and

(c)           work of sculpture includes casts and models.

28.          Meaning of Copyright.—1. For the purpose of this Ordinance, copyright means the exclusive right, by virtue of, and subject to, the provisions of this Ordinance:

(a)          in the case of a literary, dramatic or musical work, to do and authorize the doing of any of the following acts, namely:-

(b)          to reproduce the work in any material form;

(c)           to publish the work;

(d)          to perform the work in public;

(e)          to produce, reproduce, perform or publish any translation of the work;

(f)           to use the mark in a cinematographic work or make a record in respect of the work;

(g)          to broadcast the work, or to communicate the broadcast of the work to the public by a loudspeaker or any other similar instrument;

(h)          to make any adaptation of the work;

(i)            to do in relation to translation or an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(j)           in the case of an artistic work, to do or authorize the doing of any of the following acts, namely;-

(k)          to reproduce the work in any material form;

(l)           to publish the work;

(m)         to use the work in a cinematographic work;

(n)          to show the work in television;

(o)          to make any adaptation of the work;

(p)          to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(q)          in the case of a cinematographic work, to do or authorize the doing of any of the following acts, namely:-

(r)           to make copy of the work;

(s)           to cause the work in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public;

(t)           to make any record embodying the recording in any part of the sound track associated with the work by utilizing such sound track;

(u)          to broadcast the work;

(v)          in the case of a record, to do or authorize the doing of any of the following acts by utilizing the record, namely:-

(w)         to make any other record embodying the same recording;

(x)          to use the recording in the sound track of a cinematographic work;

(y)          to cause the recording embodied in the record to be heard in the public;

(z)           to communicate the recording embodied in the record by broadcast.

29.          Any reference in sub-section (1) to the doing of any act in relation to a work or a translation or an adaptation thereof shall include a reference to the doing of that act in relation to a part thereof.

30.          Entitlement to copyright in compilation of data or other material shall not extent to data or other material itself and shall be without prejudice to any copyright subsisting in the data or other material, that is to say, the copyright shall subsist to the extent of compilation only.

31.          Meaning of publication. - 1. For the purposes of this Ordinance, publication means:-

(a)          in the case of a literary, dramatic, musical or artistic work, the issue of copies of the work to the public in sufficient quantities;

(b)          in the case of cinematographic work, the sale or hire or offer for sale or hire of the work or copies thereof to the public;

(c)           in the case of a record, the issue of records to the public in sufficient quantities; but does not, except as otherwise expressly provided in this Ordinance, include:-

(d)          in the case of a literary, dramatic or musical work the issue of any records recording such work;

(e)          in the case of work of sculpture or an architectural work of art, the issue of photographs and engravings of such work.

32.          If any question arises under sub-section.- (1) whether copies of any literary, dramatic, musical or artistic work, or records issued to the public are sufficient in quantities, it shall be referred to the Board whose decision thereon shall be final.

33.          When work not deemed to be published or performed in public. - Except for the purposes of infringement of copyright, a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published, performed in public or delivered in public, without the licence or consent of the owner of the copyright.

34.          When work deemed to be first published in Pakistan. - (1). For the purposes of this Ordinance, a work published in Pakistan, shall be deemed to be first published in Pakistan, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work and a work shall be deemed to be published simultaneously in Pakistan and in another country if the time between the publication in Pakistan and the publication in such other country does not exceed thirty days.

35.          If any question arises under sub-section (1) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Ordinance, it shall be referred to the Board whose decision thereon shall be final.

36.          Nationality of author where the making of unpublished work is extended over considerable period.—Where in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall for the purposes of this Ordinance, be deemed to be a citizen of, or domiciled in, the country of which he was a citizen or wherein he was domiciled during the major part of that period.

37.          Domicile of corporation.—For the purposes of this Ordinance a body corporate shall be deemed to be domiciled in Pakistan if it is incorporated under any law in force in Pakistan or if it has an established place of business in Pakistan.

CHAPTER II

COPYRIGHT, OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER

1.            No copyright except as provided in this Ordinance.- No person shall be entitled to copyright or any right in any work, whether published or unpublished, otherwise than under and in accordance with the provision of this Ordinance, or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

2.            Works in which copyright subsists.- (I) Subject to the provisions of this section and to the other provisions of this Ordinance, copyright shall subsist throughout Pakistan in the following classes of works that is to say:-

(a)          original, literary, dramatic, musical and artistic works;

(b)          cinematographic works ;

(c)           and records.

3.            Copyright shall not subsist in any work specified in subsection (1), other than a work to which the provisions of section 53 or section 54 apply, unless:-

(a)          in the case of a published work, the work is first published in Pakistan, or where the work is first published outside Pakistan, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of Pakistan or domiciled in Pakistan:

(b)          in the case of an unpublished work other than an architectural work of art, the author is at the date of the making of the work a citizen of Pakistan or domiciled in Pakistan; and

(c)           in the case of an architectural work of art, the work is located in Pakistan.

4.            Copyright shall not subsist:-

(a)          in any cinematographic work, if a substantial part of the work is an infringement of the copyright in any other work;

(b)          in any record made in respect of a literary, dramatic or musical work, if, in making the record, copyright in such work has been infringed.

5.            The copyright or the lack of copyright in a cinematographic work or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the work, or as the case may be, the record is made.

6.            In the case of an architectural work of art, copyright shall subsist only in the artistic character and design and shall not extend to the process or methods of construction.

7.            Work of joint author.—Where, in the case of a work of joint authorship, some one or more of the joint authors do not satisfy the conditions conferring copyright Iaid down by this Ordinance, the work shall be treated for the purposes of this Ordinance as if the other author or authors had been the sole author or authors thereof:

8.            Provided that the term of the copyright shall be the same as it would have been if all the authors had satisfied such conditions.

9.            Provision as to designs registerable under Act II of 1911.—(1) Copyright shall not subsist under this Ordinance in any design which is registered under the Patents and Designs Act, 1911,

10.          Copyright in any design which is capable of being registered under the Patents and Designs Act, 1911, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person.

11.          First owners of copyright.--Subject to the provisions of this Ordinance, the author of a work shall be the first owner of the copyright therein:

12.          Provided that:-

(a)          in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;

(b)          subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematographic work made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

(c)           in the case of a work made in the course of the authors employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary be the first owner of the copyright therein;

(d)          in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;

(e)          in the case of a work to which the provisions of section 53 apply, the international organization concerned shall be the first owner of the copyright therein.

13.          Assignment of copyright.- (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof:

14.          Provided that, in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence:

15.          Provided further that, where the owner of the copyright in a work is the author of the work, no assignment of the copyright in the work or of any interest in such copyright shall be made, or if made shall be effective (except where the assignment is made in favour of Government or an educational, charitable, religious or non-profit institution) for a period of more than ten years beginning from the calendar year next following the year in which the assignment is made ; if an assignment of the copyright in a work is made in contravention of this proviso, the copyright in the work shall, on the expiry of the period specified in this proviso, revert to the author (who may re-assign the copyright in the work subject to the provisions herein contained), or if the author be dead to his representatives in interest.

16.          Provided further that the copyright in an unpublished work assigned by its author to any person or organization for the specific purpose of its publication shall revert to the author if such work is not published within a period of three years from the date of its assignment.; and

17.          Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Ordinance as the owner of copyright and the provisions of this Ordinance shall have effect accordingly.

18.          If the owner of a copyright or the publisher, or the publisher to whom such right has been assigned, considers any of the terms of the assignment to be likely to affect his interests adversely, he may within one year of such assignment apply to the Board to consider such term and the Board may, after hearing both the parties, pass such order as it may deem fit; and the order of the Board shall be binding on both the parties.

19.          In this section, the expression assignee as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

20.          Mode of assignment.- No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorized.

21.          Transmission of copyright in manuscript by testamentary disposition.¬---Where under a bequest a person is entailed to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testators will or any codicil thereto, to be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

22.          Right of owner to relinquish copyright.—(1) The owner of the copyright in a work may relinquish all or any of the rights comprised in copyright by given notice in the prescribed form to the Registrar and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice.

23.          On receipt of a notice under sub-section (1), the Registrar shall cause it to be published in the official Gazette and in such other manner as he may deem fit.

24.          The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of the notice referred to in subsection (1).

CHAPTER III

TERM OF COPYRIGHT

1.            Term of copyright in published literary, dramatic, musical and artistic works.- Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the life time of the author until fifty years from the beginning of the calendar year next following the year in which the author dies.

2.            Explanation.—In this section, the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

3.            Term of copyright in posthumous work.- (1) In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which or any adaptation of which, had not been published before that date, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published or. Where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year.

4.            For the purposes of this section, a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any records made in respect of the work have been sold, or offered for sale, to the public.

5.            Term of copyright in cinematographic works, records and photographs. (1) In the case of a cinematographic work, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is published.

6.            In the case of a record, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the record is published.

7.            In the case of a photograph, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the photograph is published.

8.            Term of copyright in anonymous and pseudonymous work.- (1) In the case of a literary, dramatic, musical or artistic work (other than a Photograph), which is published anonymously or pseudonymously copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published:

9.            Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the author dies.

10.          In sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed:-

(a)          where the identity of one of the authors is disclosed as references to that author;

(b)          where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors.

11.          In sub-section (1), references to the author shall, in the case of a pseudonymous work of joint authorship, be construed:-

(a)          where the names of one or more (but not all) of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, of the names of two or more of the author are not pseudonyms, as references to such one of those authors who dies last;

(b)          where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed ; and

(c)           where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or, if the identity of two or more of such authors is disclosed, as references to such one of those authors who dies last.

12.          Explanation.- For the propose of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Board but that author.

13.          Term of copyright in Government works and in works of international organizations.- (1) Copyright in a Government work shall, where Government is the first owner of the copyright therein, subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published

14.          In the case of a work of an international organization to which the provisions of section 53 apply, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published.

15.          Term of copyright in unpublished work.---(1) If a work, whose authors identity is known, is not publish posthumously within fifty years after the death of the author, such work shall fall into the public domain after fifty years from the beginning of the calendar years next following the year in which the author dies.

16.          If a work, whose authors identity is not known, is not published within fifty years of its creation, such work shall fall into the public domain after fifty years from the beginning of the calendar year next following the year in which the work is created.

CHAPTER IV

RIGHTS OF BROADCASTING ORGANIZATIONS PERFORMERS AND PRODUCERS OF PHONOGRAMS (SOUND RECORDING)

1.            Rights of broadcasting organizations.- (1) Broadcasting organizations shall enjoy the right to authorize:-

(a)          the rebroadcasting of their broadcasts:

(b)          the fixation of their broadcasts; and

(c)           the copying of fixations made of their broadcasts.

2.            This right shall subsist until twenty-five years from the beginning of the calendar year next following the years in which the broadcast took place.

3.            Rights of performers and producers of Phonograms (sound recording).- (1) The performers shall have the right to do or to prevent fixation of their unfixed performance and reproduction of such fixation and broadcasting by wireless means and communication to the public of their live performance.

4.            The producers of Phonograms shall have the right to do or to prohibit the direct or the indirect reproduction of their fixation and any rental thereof.

5.            The rights specified in subsections (1) and (2) shall subsists for a period of fifty years computed from the end of the calendar year in which fixation was made or performance took place

6.            Application of other provisions of this Ordinance to broadcasting, performers and producers of phonograms.- Any person who, without the authorization of the broadcasting organization, does or causes the doing of any of the acts referred to in section 24 shall be deemed to infringe the rights of the broadcasting organization, and the provisions contained in Chapter XII to XVI shall, within the limits permitted by the nature of the matter, apply to broadcasting organization and broadcasts as if they were authors and works, respectively.

7.            Definitions.—(a) broadcast means communication to the public by any means of radio-diffusion, including communication by telecast, or by wire, or by both, and broadcasting shall be construed according.

(a)          rebroadcasting means the simultaneous broadcasting by one broadcasting organization of the broadcast of author broadcasting organization.

(b)          fixation means the incorporation of sounds or images or both in a device by means of which they can later be made aurally or visually perceivable.

(c)           producer of phonogram means a person who, or the legal entity which, fixes the sounds of a performance or other sounds;

(d)          rebroadcasting means the simultaneous broadcasting by one broadcasting organization of the broadcast of an other broadcasting organization

8.            Other rights not affected.--For the removal of doubts, it is hereby declared that the rights conferred upon broadcasting organizations shall not affect the copyright in any literary, dramatic, musical, artistic or cinematographic work, or in any record used in the broadcast.

CHAPTER V

RIGHTS IN PUBLISHED EDITIONS OF WORKS

1.            Protection of typography and terms of protection. The publisher of an edition of a work shall enjoy the right to authorize the making, by any photographic or similar process, of copies, intended for sale in commerce, of the typographical arrangement of the edition, and such right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the edition was first published.

2.            Infringement, etc.- Any person who, without the authorization of the publishers, makes or causes the making of, by any photographic or similar process, copies, intended for sale in commerce, of the typographical arrangement of the edition or any substantial part thereof, shall be deemed to infringe the rights of the publishers, and the provisions contained in Chapters XII to XVI shall, within the limits permitted by the nature of the matter, apply to the publisher and the typographical arrangements of editions as if they were authors and works respectively.

3.            Explanation.- Typographical arrangement shall include calligraphy.

4.            Relations to copyright.- For the removal of doubts, it is hereby declared that subject to the provisions of subsection (2A) of section 10 the rights conferred upon publishers by this Chapter shall:-

5.            subsists irrespective of the question whether the edition is that of work protected or unprotected by copyright;

6.            not affect the copyright, if any, in the literary, dramatic, musical or artistic work itself.

 

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