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Intellectual Property Rights

INTERNATIONAL COPYRIGHT ORDER, 1991




INTERNATIONAL COPYRIGHT ORDER, 1991

[Order No. SO. 657(E), dated 30th. September, 1991]

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, 1958, the Central Government hereby makes the following Order:-

1. (1) This Order may be called the International Copyright Order, 1991.

(2) It shall come into force on the date1 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) ‘Phonograms Convention Country’ means a country which has either ratified, or accepted or acceded to the Convention for the Protection or Procedures 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;

(c) ‘Schedule’ means the Schedule appended to this Order;

(d) ‘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.

Explanation: ‘Phonogram’ means any exclusively aural fixation of sounds of a performance or other sounds.

3. Subject to the provisions of paragraph 4, all the provisions of the Copyright Act, 1957 (14 of 1957) (hereinafter referred to as the Act), except those of 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 or IV 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 or IV 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, III or IV of the Schedule, in like manner, as if the author was a citizen of India 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(c) to an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in Part I, II, III or IV of the Schedule, in like manner, as if the author was a citizen of, or 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, III or IV of the Schedule, in like manner, as if it was incorporated under a law in force in India; and

(e) to a record first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V 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 a 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.

Explanation: ‘Record’ means any disc, tape, perforated roll or other device in which sounds are embodied so as to be dupable of being reproduced therefrom, other than a sound track associated with a cinematograph film.

4. Notwithstanding anything contained in paragraph 3(a), 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 or II of the Schedule; and

(ii) shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or IV of the Schedule, only in respect of the translation of such work into any language specified in the English Schedule to the Constitution of India.

5. The provision 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.

6. 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 a Universal Copyright Convention 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 and in a country which is neither a Berne Convention Country nor a Universal Copyright Convention 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 an unpublished work or a work first made or published in a country other than a Berne Convention Country or a Universal Copyright Convention 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.

7. The provisions of the International Copyright Order, 1958 shall cease to have effect from the date this Order comes into force.

SCHEDULE

PART I: BERNE CONVENTION COUNTRIES WHICH HAVE RATIFIED/ ACCEPTED/ ACCEDED TO THE 1971 TEXT OF THE CONVENTION

[See Paragraph 2(a)]

1. Australia

2. Austria

3. Barbados

4. Benin

5. Brazil

6. Bulgaria

7. Burkina Faso

8. Cameroon

9. Central African Republic

10. Chile

11. Colombia

12. Congo

13. Costa Rica

14. Coto D’Ivorie

15. Cyprus

16. Czechoslovakia

17. Denmark

17A. Equador

18. Egypt

19. Finland

20. France

21. Gabon

22. Germany

22A. Ghana

23. Greece

24. Guinea

25. Guinea-Bissau

26. Holy See

27. Honduras

28. Hungary

29. Italy

30. Japan

31. Lesotho

32. Liberia

33. Libya

34. Luxembourg

34A. Malawi

35. Malayasia

36. Mali

37. Mauritania

38. Mauritius

39. Mexico

40. Monaco

41. Morocco

42. Netherlands

43. Niger

43A. Paraguay

44. Peru

45. Poland

46. Portugal

47. Rwanda

48. Senegal

49. Spain

50. Surinam

51. Sweden

52. Togo

53. Trinidad and Tabago

54. Tunisia

55. United Kingdom

56. United states of America

57. Uruguay

58. Venezuela

59. Yugoslavia

60. Zaire

61. Zambia

PART II: BERNE CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/ ACCEPT/ ACCEDE TO THE 1971 TEXT OF THE CONVENTION

[See Paragraph 2(a)]

1. Argentina

2. Bahamas

3. Belgium

4. Canada

5. Chad

6. Fiji

7. Iceland

8. Ireland

9. Israel

10. Lebanon

11. Liechtenstein

12. Madagascar

13. Malta

14. New Zealand

15. Norway

16. Pakistan

17. Philippines

18. Romania

19. South Africa

20. Sri Lanka

21. Switzerland

22. Thailand

23. Turkey

24. Zimbabwe

PART III: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH HAVE RATIFIED/ ACCEPTED/ACCEDED TO THE 1971 TEXT OF THE CONVENTION

[See Paragraph 2(d)]

1. Algeria

2. Australia

3. Austria

4. Bahamas

5. Bangladesh

6. Barbados

7. Bolivia

8. Brazil

9. Bulgaria

10. Cameroon

11. Colombia

12. Costa Rica

12A. Cyprus

13. Czechoslovakia

14. Denmark

15. Dominician Republic

16. El Salvador

17. Finland

18. France

19. Germany

20. Guinea

21. Holy See

22. Hungary

23. Italy

24. Japan

25. Kenya

26. Mexico

27. Monaco

28. Morocco

29. Netherlands

30. Niger

31. Norway

32. Panama

33. Peru

34. Poland

35. Portugal

36. Republic of Korea

37. Rwanda

38. Saint Vincent and the Grendines

39. Senegal

40. Spain

41. Sri Lanka

42. Sweden

43. Trinidad and Tobago

44. Tunisia

45. United Kingdom

46. United States of America

47. Yugoslavia

PART IV: UNIVERSAL COPYRIGHT CONVENTION COUNTRIES WHICH ARE YET TO RATIFY/ ACCEPT/ ACCEDE TO THE 1971 TEXT OF THE CONVENTION

[See Paragraph 2(d)]
1. Andorra

2. Argentina

3. Belgium

4. Belize

5. Cambodia

6. Canada

7. Chile

8. Cuba

9. Ecuador

10. Fiji

10A. Ghana

11. Greece

12. Guatemala

13. Guinea

14. Haiti

15. Iceland

16. Ireland

17. Israel

18. Laos

19. Lebanon

20. Liberia

21. Liechtenstein

22. Luxembourg

23. Malawi

24. Malta

25. Mauritius

26. New Zealand

27. Nicaragua

28. Nigeria

29. Pakistan

30. Paraguay

31. Philippines

32. Switzerland

33. Union of Soviet Socialist Republics

34. Venezuela

35. Zambia

PART V: PHONOGRAMS CONVENTION COUNTRIES

[See Paragraph 2(b)]

1. Argentina

2. Australia

3. Austria

4. Barbados

5. Brazil

6. Burkina Faso

7. Chile

8. Costa Rica

9. Czechoslovakia

10. Denmark

11. Ecuador

12. Egypt

13. El Salvador

14. Fiji

15. Finland

16. France

17. Germany

18. Guatemala

19. Holy See

20. Honduras

21. Hungary

22. Israel

23. Italy

24. Japan

25. Kenya

26. Luxembourg

27. Mexico

28. Monaco

29. New Zealand

30. Norway

31. Panama

32. Paraguay

33. Peru

34. Republic of Korea

35. Spain

36. Sweden

37. Trinidad and Tobago

38. United Kingdom

39. United States of America

40. Uruguay

41. Venezuela

42. Zaire

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