Definition under
Copyright Act
Section 2(a) Adaptation
(b) “work of architecture” means any building or structure having an
artistic character or 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 a photograph, whether or not any such work
possesses artistic quality; (ii) a 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;
(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 person who causes the work to be created;
(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 or visual images; or
• (ii) by wire, and includes a re-broadcast;
(f) “cinematograph film” means any work of visual recording 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;
• (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 India;
• (l) “Indian work” means
• a literary, dramatic or musical work,—
• (i) the author of which is a citizen of India; or
• (ii) which is first published in India; or
• (iii) the author of which, in the case of an unpublished work, is, at the time of the making of
the work, a citizen of India;]
• (m) “infringing copy” means—
• (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof
otherwise than in the form of a cinematographic film;
• (ii) in relation to a cinematographic film, a copy of the film made on any medium by any
means;
• (iii) in relation to a sound recording, any other recording embodying the same sound
recording, made by any means;
• (iv) in relation to a programme or performance in which such a broadcast reproduction right
or a performer’s right subsists under the provisions of this Act, the sound recording or a
cinematographic film of such programme or performance, if such reproduction, copy or
sound recording is made or imported in contravention of the provisions of this Act;
• (o) “literary work” includes computer programmes, tables and
compilations including computer [databases]
• (p) “musical work” means a work consisting of music and includes
any graphical notation of such work but does not include any words
or any action intended to be sung, spoken or performed with the
music;
• (q) “performance”, in relation to performer’s right, means any visual
or acoustic presentation made live by one or more performers;
• (qq) “performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a
lecture or any other person who makes a performance;
• Provided that in a cinematograph film a person whose performance is casual or incidental in nature and, in the normal
course of the practice of the industry, is not acknowledged anywhere including in the credits of the film shall not be treated
as a performer except for the purpose of clause (b) of Section 38B;
• Performer
• ├── Includes:
• │ ├── Actor
• │ ├── Singer
• │ ├── Musician
• │ ├── Dancer
• │ ├── Acrobat
• │ ├── Juggler
• │ ├── Conjurer
• │ ├── Snake Charmer
• │ ├── Person delivering a lecture
• │ └── Any other person who makes a performance
• │
• └── Proviso:
• └── In a cinematograph film:
• ├── A person whose performance is:
• │ ├── Casual or incidental
• │ └── Not acknowledged (e.g., no credits)
• └── Shall NOT be treated as a performer,
• s) “photograph” includes photo-lithograph and any work produced by
any process analogous to photography
(au)“producer”, in relation to a cinematograph film or sound recording, means a person who takes the
initiative and responsibility for making the work;
(x) “reprography” means the making of copies of a work, by photocopying or similar means;
(xa) “Right Management Information” means,—
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub-clauses (a) to (d), but does not
include any device or procedure intended to identify the user.
• (xx) “sound recording” means a recording of sounds from which such
sounds may be produced regardless of the medium on which such
recording is made or the method by which the sounds are produced; (xxa)
“visual recording” means the recording in any medium, by any method
including the storing of it by any electronic means, of moving images or of
the representations thereof, from which they can be perceived,
reproduced or communicated by any method.]
• (y) “work” means any of the following works, namely:—
• (i) a literary, dramatic, musical or artistic work;
• (ii) a cinematograph film;
• (iii) sound recording;
• (z) “work of joint authorship” means a work produced by the
collaboration of two or more authors in which the contribution of one
author is not distinct from the contribution of the other author or authors;
• za) “work of sculpture” includes casts and models.
three-dimensional artistic creation, and it includes:
• Casts → Copies made by pouring material into a mold (e.g., bronze
cast of a clay sculpture)
• Models → Small-scale or prototype versions of sculptures or
structures
