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Chapter – 1

Chapter – 1
Preliminary
1. Short title and commencement :

(1) This Act may be called as the “Copyright Act, 2059 (2002).
(2) This act shall come into force immediately.

2. Definitions: Unless the subject or the context otherwise require, in this Act,-
(a) “Work” means any work presented originally and intellectually in the field of literature, art and science and in any other field, and this term
also includes the following work:
(1) Book, pamphlet, article, thesis,
(2) Drama, dramatic-music, dumb show and a work prepared to
perform in such manner,
(3) Musical notation with or without words,
(4) Audio visual works,
(5) Architectural design,
(6) Fine Arts, painting, work of sculpture, work of woodcarving,
lithography, and other work relating to architecture,
(7) Photographic work
(8) Work of applied art,
(9) Illustration, map, plan, three-dimensional work relating to
geography, and scientific article and work,
(10) Computer program.
(b) “Author” means a person who creates a work as referred to in clause (a) above.
(c) “Audio-visual work” means a cinematographic work that can be viewed in screen, with or without sound.
(d) “Photographic work” means a work produced by using light or any other radiation recorded in the surface in such a manner that the image
(picture) of any thing can be set in the surface or that the image (picture) can be created from such surface with the help of chemical, electrical or
any other technology. Provided, however, that a still photography taken from any audio-visual work shall not be considered as a photographic work but as a part of the concerned audio-visual work.
(e) “Sound recording” means the act of recording of sound of any performance recorded in any manner and with any method whatsoever
for the purpose of hearing, except the act of recording sound and image at the same time.
(f) “Performance” means,-
(1) In the case of work other than the audio-visual work, performance made through recitation, playing music, dancing, acting or any
other manner, directly or with the help of any other device or method,
(2) In the case of the audio-visual work, sequential video clipping of the scene contained in such a work, along with sound for hearing
purpose,
(3) In the case of the sound recording, act of performance made outside the family circle, neighbors, friends or relatives or made
in such manner that it can be heard publicly despite the presence of such persons.
(g) “Economic right” means the rights conferred on the copyright owner pursuant to Section 7.
(h) “Copyright owner” means the author of a work in cases where the  economic right of that work is vested in that author, a person or
organization in cases where the economic right of the work is primarily vested in the person or organization other than the author, and a person
or organization, in cases where the economic right of the work is transferred to that person or organization.
(i) “Broadcasting” means communication or exhibition of a work for public information or broadcasting of audio or audio-visual work through
wireless equipment or satellite.
(j) “Communication to the public” means the act of broadcasting and audio or visual broadcasting or both either by wire or wireless equipment in
such a manner that it can be heard or viewed staying near or far from the place of broadcasting.
(k) “Moral right” means the right to be conferred to the author or his successor or any person authorized by the author pursuant to Section 8.
(l) “Performer” means any actor, singer, musician, dancer and other person who performs a literary or artistic work or folklore expression to the
general public through acting, singing, music and dancing.
(m) “Publication” means:
(1) In the case of a work of drama, motion picture, or work performed in any other manner, the shows, sale or rental of such a
work publicly with or without translating or altering it,
(2) In the case of any other work, the work which has been publicly sold, distributed or utilized or so brought out as to be sold and
distributed or utilized publicly, with or without translating or altering it; and, in the case of a work that can be exhibited through
acting, this term includes its exhibition in a public manner with or without translating or altering it.
(n) “Registrar” means the person specified pursuant to Sub-section (1) of Section 30.
(o) “Royalty collecting body” means the body formed pursuant to Section39. (p) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
Rules framed under this Act.

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