Certain acts not to be infringement of copyright (1) The following acts shall not constitute aninfringement of copyright, namely,—4[(a) a fair dealing with any work, not being a computer programme, for the purposes of—(i) private or personal use, including research; 1 Subs. by Act 38 of 1994, s. 16, for sub-clause (ii) (w.e.f. 10-5-1995).2 The brackets and words “(except for the private and domestic use of the importer)” omitted by Act 65 of 1984, s. 3 (w.e.f. 8-10-1985).3 Subs. by Act 38 of 1994, s. 16, for the proviso (w.e.f. 10-5-1995).4 Subs. by Act 27 of 2012, s. 32(i), for clause (a) (w.e.f. 21-6-2012).(ii) criticism or review, whether of that work or of any other work;(iii) the reporting of current events and current affairs, including the reporting of a lecturedelivered in public.Explanation.— The storing of any work in any electronic medium for the purposes mentioned inthis clause, including the incidental storage of any computer programme which is not itself aninfringing copy for the said purposes, shall not constitute infringement of copyright.]1[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copyof such computer programme, fromsuch copy—(i) in order to utilise the computer programme for the purpose for which it was supplied; or(ii) to make back-up copies purely as a temporary protection against loss, destruction ordamage in order only to utilise the computer programme for the purpose for which it wassupplied;]2[(ab) the doing of any act necessary to obtain information essential for operating inter-operability ofan independently created computer programme with other programmes by a lawful possessor of acomputer programme provided that such information is not otherwise readily available;(ac) the observation, study or test of functioning of the computer programme in order todetermine the ideas and principles which underline any elements of the programme while performingsuch acts necessary for the functions for which the computer programme was supplied;(ad) the making of copies or adaptation of the computer programme from a personally legallyobtained copy for non-commercial personal use;]3[(b) the transient or incidental storage of a work or performance purely in the technical process ofelectronic transmission or communication to the public;(c)transient or incidental storage of a work or performance for the purpose of providing electroniclinks, access or integration, where such links, access or integration has not been expressly prohibited bythe right holder, unless the person responsible is aware or has reasonable grounds for believing that suchstorage is of an infringing copy:Provided that if the person responsible for the storage of the copy has received a written complaintfrom the owner of copyright in the work, complaining that such transient or incidental storage is aninfringement, such person responsible for the storage shall refrain from facilitating such access for a 1Ins. by Act 38 of 1994, s. 17 (w.e.f. 10-5-1995).2Ins. by Act 49 of 1999, s. 7 (w.e.f. 15-1-2000).3 Subs. by Act 27 of 2012, s. 32(ii), for clauses (b), (c), (d), (e), (f), (g), (h), (i) and (j) (w.e.f. 21-6-2012).period of twenty-one days or till he receives an order from the competent court refraining from facilitationaccess and in case no such order is received before the expiry of such period of twenty-one days, hemay continue to provide the facility of such access;(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of areport of a judicial proceeding;(e) the reproduction or publication of any work prepared by the Secretariat of a Legislature or,where the legislature consists of two Houses, by the Secretariat of either House of the Legislature,exclusively for the use of the members of that Legislature;(f) the reproduction of any work in a certified copy made or supplied in accordance with any law forthe time being in force;(g) the reading or recitation in public of reasonable extracts from a published literacy or dramaticwork;(h) the publication in a collection, mainly composed of non-copyright matter, bona fide intended forinstructional use, and so described in the title and in any advertisement issued by or on behalf of thepublisher, of short passages from published literary or dramatic works, not themselves published for suchuse in which copyright subsists:Provided that not more than two such passages from works by the same author are published by thesame publisher during any period of five years.Explanation.— In the case of a work of joint authorship, references in this clause to passages from worksshall include references to passages from works by any one or more of the authors of those passages orby any one or more of those authors in collaboration with any other person;(i) the reproduction of any work—(i) by a teacher or a pupil in the course of instruction; or(ii) as part of the question to be answered in an examination; or(iii) in answers to such questions;(j) the performance, in the course of the activities of an educational institution, of a literary, dramaticor musical work by the staff and students of the institution, or of a cinematograph film or a sound recordingif the audience is limited to such staff and students, the parents and guadians of the students and personsconnected with the activities of the institution or the communication to such an audience of acinematograph film or sound recording;(k) the causing of a recording to be heard in public by utilising it,—(i) in an enclosed room or hall meant for the common use of residents in any residentialpremises (not being a hotel or similar commercial establishment) as part of the amenities providedexclusively or mainly for residents therein; or(ii) as part of the activities of a club or similar organisation which is not established orconducted for profit;](l) the performance of a literary, dramatic or musical work by an amateur club or society, if theperformance is given to a non-paying audience, or for the benefit of a religious institution;(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic,political, social or religious topics, unless the author of such article has expressly reserved to himself theright of such reproduction;1[(n) the storing of a work in any medium
