(1) Subject to the provisions of this section and the other provisions of this Act, 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; and
(c) 1[sound recording].
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless--
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 2[work of architecture], the work is located in India.
Explanation.--In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any 3[sound recording] made in respect of a literary, dramatic or musical work, if in making the 3[sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the 3[sound recording] is made.--
(5) In the case of a 3[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.--
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Footnote -
1. Subs. by Act 38 of 1994, s. 2, for "record" (w.e.f. 10-5-1995).
2. Subs. by s. 2, ibid., for "architectural work of art" (w.e.f. 10-5-1995).
3. Subs. by s. 2, ibid., for "record" (w.e.f. 10-5-1995)