Copyright Act, 1963
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Copyright in Government publications. |
51.—(1) In the case of every original literary, dramatic, musical or artistic work, sound recording and cinematograph film made by or under the direction or control of the Government or a Minister of State— | |
(a) if apart from this section copyright would not subsist in the work, copyright shall subsist therein by virtue of this subsection, and | ||
(b) in any case, the Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the work. | ||
(2) The Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in every original literary, dramatic, musical or artistic work, sound recording or cinematograph film first published in the State if first published by or under the direction or control of the Government or a Minister of State. | ||
(3) The copyright in any original literary, dramatic or musical work to which the Government is entitled by virtue of this section— | ||
(a) where the work is unpublished, shall continue to subsist so long as the work remains unpublished, and | ||
(b) where the work is published, shall subsist (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) until the end of the period of fifty years from the end of the year in which the work was first published. | ||
(4) The copyright in an artistic work which belongs to the Government by virtue of this section— | ||
(a) where the work is an engraving or a photograph, shall continue to subsist until the end of the period of fifty years from the end of the year in which the work is first published, and | ||
(b) in the case of any other artistic work, shall continue to subsist until the end of the period of fifty years from the end of the year in which the work was made. | ||
(5) In the case of every sound recording or cinematograph film made by or under the direction or control of the Government or a Minister of State— | ||
(a) if apart from this section copyright would not subsist in the recording or film, copyright shall subsist therein by virtue of this subsection, and | ||
(b) in any case, the Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the recording or film, and it shall subsist for the same period as if it were copyright subsisting by virtue of, and owned in accordance with section 17 or, as the case may be, section 18 of this Act. | ||
(6) The preceding provisions of this section shall have effect subject to any agreement made by or on behalf of the Government or any Minister of State with the author of the work, or the maker of the sound recording or cinematograph film, as the case may be, whereby it is agreed that the copyright in the work, recording or film shall vest in the author or maker, or in another person designated in that behalf in the agreement. | ||
(7) In relation to copyright subsisting by virtue of this section— | ||
(a) in the case of a literary, dramatic, musical or artistic work, the provisions of Part II of this Act, with the exception of provisions thereof relating to subsistence, duration or ownership of copyright, and | ||
(b) in the case of a sound recording or cinematograph film, the provisions of Part III of this Act, with the exception of provisions thereof relating to the subsistence or ownership of copyright, | ||
shall apply as those provisions apply in relation to copyright subsisting by virtue of Part II or, as the case may be, Part III of this Act. |