Interpretation In this Act, unlessthe context otherwise requires,—(a) “adaptation” means,-(i) in relation to a dramatic work, the conversion of the work into a non-dramatic work;(ii) in relation to a literary work or an artistic work, the conversion of the work into adramatic work by way of performance in public or otherwise;(iii) in relation to a literary or dramatic work, any abridgement of the work or any versionof the work in which the story or action is conveyed wholly or mainly by means ofpictures in a form suitable for reproduction in a book, or in a newspaper, magazine orsimilar periodical;3[***](iv) in relation to a musical work, any arrangement or transcription of the work; 4[and]4[(v) in relation to any work, any use of such work involving its rearrangement oralteration;]5[(aa) “Appellate Board” means the Appellate Board referred to in section 11;](b) 5[“work of architecture”] means any building or structure having an artistic character or 1 The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Schedule; to Dadra and Nagar Haveli by Reg.6 of 1963, sec. 2 and the First Schedule; to Pondicherry by Reg. 7 of 1963, sec. 3 and the First Schedule; and brought into force in the Stateof Sikkim (w.e.f. 27-4-1979) : vide notification No. S.O. 226(E), dated 27-4-1979, see Gazette of India, Extraordinary, Part II, sec. 3(ii),p.430.2 Came into force on 21st January, 1958, vide S.R.O No. 269, dated 21st January 1958, see Gazette of India, Extraordinary, Part II, sec. 3,p.167.3 The word “and”omitted by Act 38 of 1994, s. 2 (w.e.f. 10-5-1995).4Ins. by s. 2, ibid. (w.e.f. 10-5-1995).5 Subs. by s.2, ibid. for “architectural work of art” (w.e.f. 10-5-1995).design, or any model for such building or structure;(c) “artistic work” means,—(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or aphotograph, whether or not any such work possesses artistic quality;(ii) a 1[work of architecture]; and(iii) any other work of artistic craftsmanship;(d) “author” means, —(i) in relation to a literary or dramatic work, the author of the work;(ii) in relation to a musical work, the composer;(iii) in relation to an artistic work other than a photograph, the artist;(iv) in relation to a photograph, the person taking the photograph;2[(v) in relation to a cinematograph film or sound recording, the producer; and(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the personwho causes the work to be created;]3[(dd) “broadcast” means communication to the public—(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds orvisual images; or(ii) by wire,and includes a re-broadcast;](e) “calendar year” means the year commencing on the 1st day of January;4[(f) “cinematograph film” means any work of visual recording 5[***] and includes a sound recordingaccompanying such visual recording and “cinematograph” shall be construed as including any workproduced by any process analogous to cinematography including video films;]6[(fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computerprogramme, sound recording, visual recording or cinematograph film for non-profit purposes by a nonprofit library or non-profit educational institution;Explanation.— For the purposes of this clause, a “non-profit library or non-profit educational institution”means a library or educational institution which receives grants from the Government or exempted frompayment of tax under the Income-tax Act, 1961(43 of 1961).] 1 Subs. by Act 38 of 1994, s. 2, for “architectural work of art” (w.e.f. 10-5-1995).2 Subs. by Act 38 of 1994, s. 2, for sub-clauses (v) and (vi) (w.e.f. 10-5-1995).3Ins. by Act 23 of 1983, s. 3 (w.e.f. 9-8-1984).4 Subs. by Act 38 of 1994, s. 2, for clause (f) (w.e.f. 10-5-1995).5 The words “on any medium produced through a process from which a moving image may be produced by any means” omitted by Act 27of 2012, s. 2(i) (w.e.f. 21-6-2012).6Ins. by s. 2(ii), ibid. (w.e.f. 21-6-2012).1[(ff) “communication to the public” means making any work or performance available for being seen or heard orotherwise enjoyed by the public directly or by any means of display or diffusion other than by issuingphysical copies of it, whether simultaneously or at places and times chosen individually, regardless ofwhether any member of the public actually sees, hears or otherwise enjoys the work or performance somade available.Explanation.— For the purposes of this clause, communication through satellite or cable or any other meansof simultaneous communication to more than one household or place of residence including residentialrooms of any hotel or hostel shall be deemed to be communication to the public;](ffa) “composer”, in relation to a musical work, means the person who composes the music regardless of whetherhe records it in any form of graphical notation;(ffb) “computer” includes any electronic or similar device having information processing capabilities;(ffc) “computer programme” means a set of instructions expressed in words, codes, schemes or in any other form,including a machine readable medium, capable of causing a computer to perform a particular task orachieve a particular result;(ffd) “copyright society” means a society registered under sub-section (3) of section 33;](g) “delivery”, in relation to a lecture, includes delivery by means of any mechanical instrument or by2[broadcast];(h) “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, thescenic arrangement or acting, form of which is fixed in writing or otherwise but does not include acinematograph film;3[(hh) “duplicating equipment” means any mechanical contrivance or device used or intended to be used formaking copies of any work;](i) “engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not beingphotographs;(j) “exclusive licence” means a licence which confers on the licensee or on the licensee and persons authorisedby him, to the exclusion of all other persons (including the owner of the copyright) any rightcomprised in the copyright in a work, and “exclusive licensee” shall be construed accordingly;(k) “Government work” means a work which is made or published by or under the direction or control of—(i) the Government or any department of the Government;(ii) any Legislature in India;(iii) any court, tribunal or other judicial authority in
