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Chapter-4

Chapter-4
Circumstances where the copyrighted materials can be used without
authorization
16. Reproduction allowed for personal purpose : (1) Notwithstanding anything contained in Clause (a) of Section 7, no authorization shall be required
from the author or the copyright owner to reproduce some portions of any published work for personal use.
(2) Notwithstanding anything contained in Sub-section (1), no reproduction of an architectural design erected as a building and other construction related design or a significant portion of any book or of a musical work as notation of all or significant portion of a database through digital transmission shall be allowed in a manner to be prejudicial to the economic right of the author or the copyright owner.

17. Citation allowed : Notwithstanding anything contained in Clause (a) of
Section 7, some portions of a published work can be cited for fair use without
authorization of the author or the copyright owner in a manner not to be
prejudicial to the economic right of such author or owner. In making such
citation, its source and the author’ name, in cases where it appears, shall also be
mentioned.

18. Reproduction allowed for teaching and learning :

(1) Notwithstanding anything contained in Clause (a) of Section 7, the following acts may be done for teaching and learning activities without authorization of the author or the
copyright owner in a manner not to be prejudicial to the economic right of such author or owner:-
(a) To reproduce a small portion of any published work by way of citation, writing or audio-visual aid,

(b) To reproduce, broadcast and exhibit some portions of the work for purposes of educational activities to be performed in the classroom.
(2) All copies reproduced pursuant to Sub-section (1) have to indicate the source and the author’s name.

19. Reproduction by library and archives : Notwithstanding anything contained in Clause (a) of Section 7, in cases where a public library or archives, which makes available the work stored in it at the request of a person doing research or study without deriving economic profits directly or indirectly, looses any work with it or such work is destroyed or is old or is incapable of being obtained, it may reproduce one copy of such a work without authorization of the author or the copyright owner of such work.

20. Reproduction, broadcast and other communication allowed for purposes of information to the general public :

(1) Notwithstanding anything contained in clauses (a), (i) and (j) of Section 7, the following acts can
be done, by mentioning the sources and name of the author of any work, without authorization of the author or the copyright owner of such work.
(a) To print in any newspaper or journal or to make broadcast or other communication to public of any article, article under political or
religious topics or similar other broadcasts published in any newspaper or journal.
Provided, however, that such act shall not be prejudicial to the economic right of the author or the copyright owner.
(b) To reproduce, broadcast or otherwise communicate or justify any event with a view to informing the general public about any
current event.
(c) To reproduce, broadcast or to make communication to public some portions of any regular newspaper or journal regularly publishing information for communication to the general public or pleadings made on court proceedings with a view to disseminating current information.
(2) Notwithstanding anything contained in Sub-section (1), in cases where the author himself/herself has indicated that his/her work is prohibited
from being reproduced, broadcast and other kinds of communications, no reproduction, broadcasting and other communication shall be allowed.

21. Reproduction of computer program : Notwithstanding anything contained in Clauses (a) and (c) of Section 7, in cases where the objectives for which a computer program was acquired could not be achieved or with a view to maintaining records or where the computer program acquired legally is lost or destroyed or is incapable of being used, one copy of the computer program can be reproduced without authorization of its author or copyright owner.

22. Importation allowed for personal purposes : Notwithstanding anything contained in Clauses (g) of Section 7, one copy of any work can be imported for
personal purpose, without authorization of its author or copyright owner.

23. Public exhibition allowed : Notwithstanding anything contained in clauses (h) of Section 7, in cases where any person intends to have public display of
any work or copy of the work, he may do so without authorization of its author or copyright owner.
Provided, however, that such public display has to be made without the help of film, slide, television image or otherwise using the screen or device of
other kind.

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