S.1 Short title and commencement

       (1) This Act may be called the Copyright (Amendment) Act, 2012.
       (2) It shall come into force on such 1date as the Central Government may, by notification in the Official Gazette, appoint.



       ______________________
       1. Effective from 21.06.2012 vide Notificaiton No. S.O.1396(E) dated 20.06.2012.

S.2 Amendment of section 2

       In section 2 of the Copyright Act, 1957 (14 of 1957.) (hereinafter referred to as the principal Act),--
       (i) in clause (f), the portion beginning with the words "on any medium" and ending with the words "produced by any means" shall be omitted;
       (ii) after clause (f), the following clause shall be inserted, namely:-
       '(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 f

S.3 Amendment of section 11

       In section 11 of the principal Act,-
       (a) in sub-section (1), for the words "not less than two nor more than fourteen other members", the words "two other members" shall be substituted;
       (b) for sub-section (2), the following sub-section shall be substituted, namely:-
       "(2) The salaries and allowances payable to and the other terms and conditions of service of the Chairman and other members of the Copyright Board shall be such as may be prescribed:
       Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other member shall be varied to his disadvantage after appointment.";
       (c) for sub-section (4). the following sub-section shall be substituted, name

S.4 Amendment of section 12

In section 12 of the principal Act, in sub-section (2), for the words "members, each Bench consisting of not less than three members", the word "members" shall be substituted.

S.5 Amendment of section 14

       In section 14 of the principal Act,-
       (i) in clause (c), for sub-clause (i), the following sub-clause shall be substituted, namely:-
       "(i) to reproduce the work in any material form including-
       (A) the storing of it in any medium by electronic or other means; or
       (B) depiction in three-dimensions of a two-dimensional work; or
       (C) depiction in two-dimensions of a three-dimensional work;";
       (ii) in clause (d),-
       (a) for sub-clause (1), the following sub-clause shall be substituted, namely:-
       "(i) to make a copy of the film, including-
       (A

S.6 Amendment of section 15

In section 15 of the principal Act, for the words and figures, "Designs Act, 1911",(2 of 1911.) wherever they occur, the words and figures "Designs Act, 2000" (16 of 2000.) shall be substituted.

S.7 Amendment of section 17

In section 17 of the principal Act, in clause (e), the following proviso shall be inserted at the end, namely:-
Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13;".

S.8 Amendment of section 18`

       In section 18 of the principal Act, in sub-section (1), after the proviso, the following provisos shall be inserted, namely:-
       "Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:
       Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyrigh

S.9 Amendment of section 19

       In section 19 of the principal Act,-
       (i) in sub-section (3), for the words "royalty payable, if any", the words "royalty and any other consideration payable" shall be substituted;
       (ii) after sub-section (7), the following sub-sections shall be inserted, namely:-
       "(8) The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void.
       (9) No assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with

S.10 Amendment of section 19A

       In section 19A of the principal Act,-
       (i) in sub-section (2), in the second priviso, for the words "Provided further that", the following shall be substituted, namely:-
       "Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Copyright Board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:-
       Provided also that";
       (ii) after sub-section (2), the following sub-section shall be inserted, namely:-
       "(3) Every complaint received under sub-section (2) shall be dealt with by the Copyright Board as far as possible and ef

S.11 Amendment of section 21

       In section 21 of the principal Act,-
       (i) in sub-section (1), for the words "the Registrar of Copyrights", the words "the Registrar of Copyrights or by way of public notice" shall be substituted;
       (ii) after sub-section (2), the following sub-section shall be inserted, namely:-
       "(2A) The Registrar of Copyrights shall, within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years.".

S.12 Amendment of section 22

In section 22 of the principal Act, the brackets and words "(other than a photograph)" shall be omitted.

S.13 Omission of section 25

Section 25 of the principal Act shall be omitted.

S.14 Amendment of section 30

In section 30 of the principal Act, for the words "writing signed by him", the words "writing by him" shall be substituted.

S.15 Amendment of section 30A

In section 30A of the principal Act and in its marginal heading, for the words, figures and letter, "section 19 and 19A", the word and figures "section 19" shall be substituted.

S.16 Amendment of section 31

       In section 31 of the principal Act,-
       (i) in sub-section (1),-
       (a) for the words "any Indian work", the words "any work" shall be substituted;
       (b) for the words "licence to the complainant" the words "licence to such person or persons who, in the opinion of the Copyright Board, is or are qualified to do so" shall be substituted;
       (c) the Explanation shall be omitted; (ii) sub-section (2) shall be omitted.

S.17 Amendment of section 31A

       In section 31A of the principal Act,-
       (i) in the marginal heading, for the words "Indian works", the words "or published works" shall be substituted;
       (ii) for sub-section (1), the following sub-section shall be substituted, namely:-
       "(1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish or communicate to the public such work or a translation thereof in any language.".

S.18 Insertion of new sections 31B, 31C and 31D

       After section 31A of the principal Act, the following sections shall be inserted, namely: -
       '31B. Compulsory licence for benefit of disabled.--
       (1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the Copyright Board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the Copyright Board shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application.
       (2) The Copyright Board may, on receipt of an

S.19 Amendment of section 33

       In section 33 of the principal Act,-
       (i) in sub-section (1), for the words "provided further", the following shall be substituted, namely:-
       "Provided further that the business of isuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act:
       Provided also";
       (ii) after sub-section (5), the following shall be inserted, namely:-
       "(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed fo

S.20 Insertion of new section 33A

       After section 33 of the principal Act, the following section shall be inserted, namely:-
       "33A. Tariff Scheme by copyright societies.-
       (1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed.
       (2) Any person who is aggrieved by the tariff scheme may appeal to the Copyright Board and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:
       Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Copyright Board and shall continue to pay such fee until the appeal is decided, and the Board sh

S.21 Amendment of section 34

In section 34 of the principal Act, for the words "owner of rights", wherever they occur, the words "author and other owners of right" shall be substituted.

S.22 Omission of section 34A

Section 34A of the principal Act shall be omitted.

S.23 Amendment of section 35

       In section 35 of the principal Act and its marginal heading,-
       (a) for the words "owners of rights", wherever they occur, the words "author and other owners of right" shall be substituted;
       (b) after sub-section (2), the following sub-sections shall be inserted, namely:-
       (3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.
       (4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.

S.24 Amendment of section 36A

       In section 36A of the principal Act,-
       (a) for the words "performing rights society", the words "copyright society" shall be substituted;
       (b) for the words, brackets and figures "the Copyright (Amendment) Act, 1994",(38 of 1994.) the words, brackets and figures "the Copyright (Amendment) Act, 2012" shall be substituted.

Copyright (Amendment) Act, 2012 – Section 24: Legal Commentary

Introduction

Section 24 of the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) amends the existing provision in the Copyright Act, 1957 relating to the term of copyright in posthumous works. The Amendment Act, 2012 brought significant changes to the Indian copyright regime, particularly by extending protection and conferring new rights on performers, aligning the law with technological advances and international developments, and balancing the rights of creators such as lyricists and composers with those of producers and companies.

What Does Section 24 Say

Section 24 of the Copyright (Amendment) Act, 2012 specifically amends Section 36A of the principal Copyright Act, 1957. The amendment replaces the words "performing rights society" with "copyright society" throughout the relevant provisions. The section is part of a broader legislative effort to modernize copyright law, strengthen the position of authors, and ensure that copyright societies are properly regulated and mandated to collect and license rights on behalf of authors and other rights owners.

Essential Ingredients

The amendment substitutes the term "performing rights society" with "copyright society" in Section 36A of the principal Act.
It ensures that copyright societies are subject to the collective control of the authors and other owners of rights under the Act whose rights they administer.
The provision aims to bring transparency and accountability in the functioning of copyright societies.
The amendment is part of a comprehensive update to align Indian copyright law with international standards and technological developments.

Scope of Section

The scope of Section 24 is limited to the amendment of terminology and the regulatory framework governing copyright societies.
It affects how performing rights societies are referred to and regulated under the Copyright Act, 1957.
The section reflects the legislature’s intent to strengthen the position of authors and rights owners in the management and exploitation of their rights.
It applies to all copyright societies registered and functioning under the Copyright Act, 1957.

Punishment for Section

The sources do not provide specific punishment provisions directly linked to Section 24 of the Copyright (Amendment) Act, 2012.
However, the Copyright Act, 1957, as amended, contains general penalty provisions for contraventions of its provisions, which may apply depending on the nature of the violation.
The Amendment Act also addresses the mandatory requirement for production companies in the music and film industries to engage third parties for collecting and licensing, and failure to comply may attract penalties under the broader Act.

Legal Comments

"Copyright society" - The amendment replaces "performing rights society" with "copyright society" to broaden the scope and applicability of the provision - [Source: Copyright (Amendment) Act, 2012, Section 24].
"Amendment of section 36A" - Section 24 amends Section 36A of the principal Act to modernize the terminology and regulatory framework - [Source: Copyright (Amendment) Act, 2012, Section 24].
"Collective control of authors" - The provision ensures that copyright societies are subject to the collective control of authors and other rights owners - [Source: The Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 2012].
"Alignment with international standards" - The Amendment Act aims to bring the Indian copyright regime in sync with technological advances and international developments - [Source: The Indian Copyright (Amendment) Act, 2012 And Its Impact].
"Strengthening author's position" - The amendment strengthens the position of the author if new modes of exploitation of the work come to exist - [Source: Development In Indian IP Law: The Copyright (Amendment) Act, 2012].
"Balancing rights" - The Copyright Amendment Act, 2012 aims to balance the rights of creators such as lyricists and scriptwriters with those of producers and companies - [Source: Copyright Amendment Act 2012 Overview].
"Mandatory licensing" - It is mandatory for production companies in the music and film industries to engage third parties for collecting and licensing - [Source: Copyright Societies And The Copyright (Amendment) Act, 2012].
"Penalty for contravention" - The Copyright Act, 1957, as amended, provides for penalties for contraventions of its provisions, including imprisonment and fines - [Source: The Copyright Act, 1957, Section 24].
"Performers' rights" - The Amendment Act extends protection and confers rights to performers by means of special rights known as 'performers' rights' - [Source: Copyright (Amendment) Act, 2012 – A Shot in the Arm For Performers].
"Legislative imbalance" - The Copyright (Amendment) Act, 2012 stands to correct the legislative imbalance of rights assigned to composers and lyricists - [Source: The Background Score to the Copyright (Amendment) Act, 2012].
"Technological advances" - The Amendment Act has tried to bring the Indian Copyright regime in sync with technological advances and concomitant international developments - [Source: The Indian Copyright (Amendment) Act, 2012 And Its Impact].
"Punishment for non-compliance" - The sources do not specify a distinct punishment for Section 24 violations, but general penalty provisions under the Copyright Act, 1957 may apply - [Source: The Copyright Act, 1957, as amended].
"Amendment of principal Act" - Section 24 of the Copyright (Amendment) Act, 2012 amends the principal Act to reflect modern practices and international norms - [Source: Copyright (Amendment) Act, 2012, Section 24].
"Transparency in copyright societies" - The provision aims to bring transparency and accountability in the functioning of copyright societies - [Source: Copyright Societies And The Copyright (Amendment) Act, 2012].
"International developments" - The Amendment Act seeks to align Indian copyright law with international developments and best practices - [Source: The Indian Copyright (Amendment) Act, 2012 And Its Impact].

S.25 Amendment of section 37

In section 37 of the principal Act, in sub-section (3), for clause (e), the following clause shall be substituted, namely:-
"(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d).".

S.26 Amendment of section 38

In section 38 of the principal Act, sub-sections (3) and (4) shall be omitted.

S.27 Insertion of new sections 38A and 38B

       After section 38 of the principal Act, the following sections shall be inserted, namely:-
       "38A. Exclusive right of performers.-
       (1) Without prejudice to the rights conferred on authors, the performer's right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:-
       (a) to make a sound recording or a visual recording of the performance, including-
       (i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
       (ii) issuance of copies of it to the public not being copies already in circulation;
   &nbs

S.28 Substitution of a new section for section 39A

       For section 39A of the principal Act, the following section shall be substituted, namely:-
       "39A. Certain provisions to apply in case of broadcast reproduction right and performer's rights.-
       (1) Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall, with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work:
       Provided that where copyright or performer's right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer, as the case may be, or both of them:

S.29 Amendment of section 40

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.

S.30 Amendment of section 40A

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;".

S.31 Amendment of section 45

       In section 45 of the principal Act, in sub-section (I), 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, 1958" (43 of 1958.) the words and figures "section 3 of the Trade Marks Act, 1999" (47 of 1999.) shall be substituted.

S.32 Amendment of section 52

       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 pu

S.33 Omission of section 52B

Section 52B of the principal Act shall be omitted.

S.34 Substitution of new section for section 53

       For section 53 of the principal Act, the following section shall be substituted, namely:-
       "53. Importation of infringing copies.-
       (1) The owner of any right conferred by this Act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to the Commissioner of Customs, or to any other officer authorised in this behalf by the Central Board of Excise and Customs,-
       (a) that he is the owner of the said right, with proof thereof; and
       (b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place s

S.35 Amendment of section 55

In section 55 of the principal Act, in sub-section (2), for the portion beginning with the words "a name purporting to be" and ending with the words "as the case may be, appears", the following shall be substituted, namely:-
"or, subject to the provisions of sub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears".

S.36 Amendment of section 57

       In section 57 of the principal Act,-
       (i) in sub-section (1), in clause (b), the words "which is done before the expiration of the term of copyright" shall be omitted;
       (ii) in sub-section (2), the words "other than the right to claim authorship of the work" shall be omitted.

S.37 Insertion of new sections 65A and 65B

       After section 65 of the principal Act, the following sections shall be inserted, namely:-
       "65A. Protection of technological measures.-
       (1) Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.
       (2) Nothing in sub-section (7) shall prevent any person from,-
       (a) doing anything referred to therein for a purpose not expressly prohibited by this Act:
       Provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a

S.38 Amendment of section 66

In section 66 of the principal Act, after the words "delivered up to the owner of the copyright," the words "or may make such order as it may deem fit regarding the disposal of such copies or plates" shall be inserted.

S.39 Amendment of section 78

       In section 78 of the principal Act, in sub-section (2),-
       (i) for clause (a), the following clause shall be substituted, namely:-
       (a) the salaries and allowances payable to and the other terms and conditions of service of the chairman and other members of the Copyright Board under sub-section (2) of section 11;
       (ii) after clause (c), the following clauses shall be inserted, namely:-
       "(cA) the form and manner in which an organisation may apply to the Copyright Board for compulsory licence for disabled and the fee which may accompany such application under sub-section (I) of section 31B;
       (cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording un