THE INTERNATIONAL COPYRIGHT ORDER, 1999
[S.O.228(E), dated 24th March 1999, published
in the Gazette of India, Extra Pt II, Sec. 3 (i), dated 6th April
1999]
S.O. 228(E)- In exercise of the powers conferred
by section 40
of the Copyright Act, 1957 (14 of 1957) and
in supersession of the International Copyright Order, 1991, the Central
Government hereby makes the following Order, namely:-
1. (1) This Order may be called the International Copyright Order,
1999.
(2) It shall come into force on
the date of its publication in the Official Gazette.
2. In this Order, unless the context otherwise requires:-
(a) "Berne Convention Country" means a country which is a member
of the Berne Copyright Union, and includes a country mentioned either in Part I
or in Part II of the Schedule;
(b) "Phonogram" means an exclusively aural fixation of a
performance or other sounds;
(c) "Phonograms Convention Country" means a country which has
either ratified, or accepted, or acceded to the Convention for the Protection
of Producers of Phonograms against Unauthorised Duplication of their Phonograms,
done at Geneva on the Twenty ninth day of October, one; thousand nine hundred
and seventy-one, and includes a country mentioned in Part V of the Schedule;
(d) "Schedule" means the Schedule appended to this Order.
(e) "Universal Copyright Convention Country" means a country
which has either ratified, or accepted, or acceded to the Universal Copyright
Convention, and includes a country mentioned either in Part III or in Part IV
of the Schedule.
(f) "World Trade Organisation Country" means a country which is a
member of the World Trade Organisation and which has either ratified, or
accepted, or acceded to the Agreement on Trade Related Aspects of Intellectual
Property Right, 1994 and includes a country mentioned in Part VI of the
Schedule.
3. Subject to the provisions of paragraphs 4,5 and 6, all the provisions of
the Copyright Act, 1957 (14 of 1957),
(hereafter referred to as the Act), except those in Chapter VIII, and those
other provisions which apply exclusively to Indian works, shall apply :-
(a) to any work first made or published in a country
mentioned in Part I, II, III, IV or VI of the Schedule, in like manner as if it
was first published in India;
(b) to any work first made or published in a country other than a country
mentioned in Part I, II, III, IV or VI of the Schedule, the author of which
was, at the date of such publication, or, where the author was dead on that
date, he was at the time of his death, a national of a country mentioned in
Part I, II, 111, IV and VI of the Schedule, in like manner, as if the author
was a citizen of Indian at that point of time;
(c) to an unpublished work, the author whereof was, at
the time of the making or publication of the work, a national or domiciled in
any country mentioned in Part I, II, 111, IV and VI of the Schedule, in like
manner, as if the author was a citizen of, domiciled in, India;
(d) to any work first made or published by a body
corporate incorporated under any law of a country mentioned in Part I, II, 111,
IV or Part VI of the Schedule, in like manner, as if it was incorporated under
a law in force in India; and
(e) to a sound recording first made, the producer of which was, at the date
of such production, a national of a country mentioned in Part V or Part VI of
the Schedule or a body corporate incorporated under a law in force in such a
country, in like manner as if the producer was the citizen of India or a body
corporate incorporated under a law in force in India, as the case may be, at
that point of time.
4. Notwithstanding anything contained in paragraph 3, the provisions of
Chapter VIII of the Act shall apply to a Broadcasting Organisation and a
Performer in a World Trade Organisation Country mentioned in Part VI of the
Schedule.
5. Notwithstanding anything contained in clause (a) of paragraph 3 and
paragraph 4 of the provisions of sub-section (1) of section 32 of the Act-
(i) shall not apply to a work first made or published in any Berne Convention
Country mentioned in Part I and Part II of the Schedule.
(ii) shall not apply to a work first made or published in any World Trade
Organisation Country mentioned in Part VI of the Schedule.
(iii) shall apply to a work first made or published in any Universal
Copyright Convention Country mentioned in Part III or Part IV of the Schedule.
Only in respect of the translation of such work into any language specified in
the Eighth Schedule to the Constitution of India.
6. The provisions of section 32 (excluding its sub section (1) 32A and 32B
shall apply to a work first made or published in a Berne Convention Country
mentioned in Part I of the Schedule or in a Universal Copyright Convention
Country mentioned in Part III of the Schedule or in a World Trade Organisation
Country mentioned in Part VI of the Schedule.
7. The term of copyright in a work shall not exceed that which is enjoyed
by it in its country of origin.
Explanation- In this paragraph, "the country of origin"
shall mean-
(a) in the case of a work first made or published in a Berne Convention
Country or in a Universal Copyright Convention Country or a World Trade
Organisation Country, that country;
(b) in the case of a work made or published simultaneously either in a
Berne Convention Country or a Universal Copyright Convention Country or in a
World Trade Organisation Country and in a country which is neither a Berne
Convention Country nor a World Trade Organisation Country, the former country.
(c) in the case of a work which is made or published simultaneously in
several Berne Convention Countries, the country whose laws grant the shortest
term of copyright to such a work'
(d) in the case of a work which is made or published simultaneously in
several Universal Copyright Convention Countries, the country whose laws grant
the shortest term of copyright to such a work;
(e) in the case of a work which is made or published simultaneously in
several World Trade Organisation Countries, the country whose laws grant the
shortest term of copyright to such a work;
(f) in the case of an unpublished work or a work first made or published in
a country other than a Berme Convention Country or a Universal Copyright
Convention Country or a World Trade Organisation Country, the country of which
the author was a citizen, or the country in which he was domiciled at the time
of its first publication, whichever grants the longer term of copyright.
SCHEDULE
PART - I
[See Paragraph 2(a)]
1. |
71. |
2. |
72. Latavia |
3. 4. |
73. 74. |
5. 6. |
75. Libiyan Arab Jamahiriya 76. |
7. 8. |
77. 78. Luxumberg |
9. |
79. |
10. 11. |
80. 81. |
12. |
82. |
13. 14. 15. |
83. 84. 85. |
16. |
86. |
17. |
87. |
18. |
88. |
19. |
89. |
20. |
90. |
21. |
91. |
22. |
92. |
23. |
93. |
24. |
94. |
25. |
95. |
26. |
96. |
27. |
97. |
28. |
98. |
29. |
99. |
30. |
100. |
31. |
101. |
32. |
102. |
33. |
103. |
34. |
104. |
35. |
105. |
36. |
106. |
37. |
107. Saint Kitts & |
38. 39. Domonica |
108. 109. |
40. |
110. |
41. |
111. |
42. |
112. |
43. |
113. |
44. |
114. |
45. |
115. |
46. |
116. |
47. |
117. |
48. |
118. |
49. |
119. |
50. |
120. |
51. |
121. Tajikstan |
52. |
122. |
53. 54. |
123. The |
55. |
124. |
56. |
125. |
57. |
126. |
58. |
127. |
59. |
128. |
60. Holy See |
129. |
61. |
130. United |
62. |
131. |
63. |
132. |
64. |
133. |
65. |
134. |
66, |
135. |
67. 68. 69. |
136. |
70. |
|
PART-II
[See Paragraph 2(a)]
1. |
6. |
2. |
7. |
3. |
8. |
4. |
|
5. |
|
|
|
PART-III
UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH HAVE RATIFIED/
ACCEPTED/ACCEDED TO THE 1971 TEXT OF THE CONVENTION
[See Paragraph 2(e)]
1. |
30. |
2. |
31. |
3. |
32. |
4. |
33. |
5. |
34. |
6. |
35. |
7. |
36. |
8. |
37. |
9. |
38. |
10. |
39. |
11. |
40. |
12. |
41. |
13. |
42. |
14. |
43. |
15. Croata |
44. |
16. |
45. |
17. |
46. |
18. |
47. |
19. |
48. |
20. Ecudor |
49. |
21. |
50. |
22. |
51. |
23. |
52. |
24. |
53. |
25. |
54. |
26. Holy See |
55. |
27. |
56. |
28. |
57. |
29. |
58. |
PART-IV
UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/
ACCEPT/ACCEDE TO THE 1971 TEXT OF THE CONVENTION
[See Paragraph 2(e)]
1. |
19. Lao People's Democratic |
|
Republic |
2. |
20. |
3. |
21. |
4. |
22. |
5. |
23. |
6. |
24. |
7. |
25. |
8. |
26. |
9. |
27. |
10. |
28. |
11. |
29. |
12. |
30. |
13. |
31. |
14. |
32. Phillippines |
15. |
33. |
16. |
34. |
17. |
35. |
18. Kazakhistan |
36. |
PART-V
PHONOGRAMS CONVENTION COUNTRIES
[See Paragraph 2(c)]
1. |
30. |
|
2. |
31. |
|
3. |
32. |
|
4. |
33. |
|
5. |
34. |
|
6. |
35. 36. Liechenstein 37. |
|
7. |
38. |
|
8. |
39. |
|
9. |
40. |
|
10. |
41. |
|
11. |
42. |
|
12. 13. |
43. |
|
14. |
44. |
|
15. |
45. |
|
16. |
46. |
|
17. |
47. 48. 49. |
|
18. |
50. |
|
19. 20. |
51. |
|
52. |
||
21. |
53. |
|
22. |
54.. |
|
23. |
55. |
|
24. |
56. The |
|
25. |
57. |
|
26. |
58. 59.. United Kingdom |
|
27. Holy See |
60. |
|
28. |
61. |
|
29. |
62. |
|
PART-VI
THE WORLD TRADE ORGANISATION COUNTRIES
[See Paragraph 2(1)]
1. 2. |
71. 72. Latavia 73. |
3. |
68. |
4. |
69. |
5. |
70. |
6. |
71. |
7. |
72. |
8. Bangaladesh |
73. |
9. |
74. |
10. |
75. |
11. |
76. |
12. |
77. |
13. |
78. |
14. |
79. |
15: |
80. |
16. |
81. |
17. |
82. |
18. Burkina Paso |
83. |
19. |
84. |
20. |
85. |
21. |
86. |
22. |
87. |
23. |
88. |
24. |
89. |
25. |
90. |
26. |
91. |
27. |
92. |
28. |
93. |
29. |
100 |
30. |
101. |
31. |
102. |
32. |
103. |
33. |
104. |
34. |
105. |
35. |
106. |
36. |
107. |
37. |
108. Saint Kitts & |
38. |
109. |
39. 40. |
110. |
41. European Community |
111. |
42. |
112. |
43. |
113. |
44. |
114. |
45. |
115. |
46. 47. |
116. |
48. |
117. |
49. |
118. |
50. |
119. |
51. |
120. |
52. |
121. |
53. |
122. |
54. |
123. |
55. |
124. |
56. |
125. |
57. |
126. |
58. |
127. |
59. |
128. |
60. |
129. |
61. |
130. |
62. |
131. |
63. |
132. |
64. |
133. |
65. |
134. |
66. 67. |
135. |
68. |
136. |
69. |
137. |
70. |
|