Copyright Act, 1963
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Supplementary provisions for purposes of Part III. |
21.—(1) The provisions of this section shall have effect with respect to copyright subsisting by virtue of this Part of this Act in sound recordings, cinematograph films, television broadcasts and sound broadcasts, and in published editions of literary, dramatic and musical works; and in those provisions references to the relevant provision of this Part of this Act, in relation to copyright in a subject-matter of any of those descriptions, are references to the provision of this Part of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in that description of subject-matter. | |
(2) Where copyright subsists by virtue of this Part of this Act in a sound recording, cinematograph film, broadcast or other subject-matter, nothing in this Part of this Act shall be construed as affecting the operation of Part II of this Act in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived; and copyright subsisting by virtue of this Part of this Act shall be additional to, and independent of, any copyright subsisting by virtue of Part II of this Act. | ||
(3) The immediately preceding subsection of this section shall have effect subject to the provisions of subsection (6) of section 18 of this Act. | ||
(4) The subsistence of copyright under any of the preceding sections of this Part of this Act shall not affect the operation of any other of those sections under which copyright can subsist. | ||
(5) Any copyright subsisting by virtue of this Part of this Act is infringed by any person who, without the licence of the owner of the copyright, imports an article (otherwise than for his private and domestic use) into the State, if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted such an infringement if the article had been made in the State. | ||
(6) Any such copyright is also infringed by any person who, in the State, and without the licence of the owner of the copyright— | ||
(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or | ||
(b) by way of trade exhibits any article in public, | ||
if to his knowledge the making of the article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted an infringement of that copyright if the article had been made in the State. | ||
(7) The immediately preceding subsection of this section shall apply in relation to the distribution of articles either— | ||
(a) for purposes of trade, or | ||
(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question, as it applies to the sale of an article. | ||
(8) Subsections (5), (6) and (7) of this section shall have effect without prejudice to the general provisions of section 7 of this Act as to infringements of copyright. |