| Relevant Section | Provision |
Definition | 2 (f) 2 (y) | cinematograph film means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films; "work" means any of the following works, namely:- (i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film |
Exclusions | | |
Dramatic work | 2 (h) | “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film |
Photograph | 2 (s) | "photograph" includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film; |
Work in which Copyright subsist | 13 (1) (b) | copyright shall subsist throughout India in the following classes of works, that is to say, (a) original literary, dramatic, musical and artistic works; (b) cinematograph films |
Work in which Copyright shall not subsist | 13(3) (a) |
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Meaning of copyright for films | 14 (d) | For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely In the case of cinematograph film, - (i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; (iii) to communicate the film to the public; |
Ownership of Copyright in films | 17 read with 2 (d) (v) 2 (uu) | The author of a work shall be the "author' means … in relation to a cinematograph film the producer "producer', in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work; |
Work on hire | 17 (b) 38 (4) | Cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Once a performer has consented to the incorporation of his performance in a cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance. |
Term of copyright in cinematograph films. | 26 | In the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published. |
Films can be registered under the Copyright Act with the Indian Copyright office as per procedure set out here by paying a fee of Rs. 600 to the Copyright office.