Essentials Of Section 52A Of The Copyright Act, 1957

Introduction

The main objective of the Copyright Act (Section 52A) is to enable the creators of a particular idea to ensure that they remain the sole owners of the idea mentioned above (unless they decide to sell, lease, license or assign the particular idea). Thus it can be said that Copyright enables a person to “own” their work and prevent other people from copying it. The scope of the Copyright Act extends to the following (Indicative, not an exhaustive list):

  • Literary
  • Artistic works
  • Anonymous and pseudonymous works
  • Photographs
  • Posthumous work
  • Musical
  • Government work
  • Dramatic
  • Sound recording and Cinematography (added into the Copyright Act by the Copyright (Amendment) Act, 2012)
  • Public undertakings
  • International Agencies

Essentials of the Section 52A

Section 52A primarily reads as follows:

“52A. Particulars to be included in 2

[sound recording] and video films.—

(1) No person shall publish a 2[sound recording] in respect of any work unless the following particulars are displayed on the 2[sound recording] and any container thereof, namely:—

(a) the name and address of the person who has made the 2 [sound recording]; 2 [sound recording];

(b) the name and address of the owner of the copyright in such work; and

(c) the year of its first publication.

(2) No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or another container thereof, namely:—

(a) if such work is cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5A of that Act respect of such work;

(b) the name and address of the person who has made the video film and a declaration by him that he obtained the necessary license or consent from the owner of the copyright in such work of making such video film; and

(c) the name and address of the owner of the copyright in such work”

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Analysis:

  • It provides that in case a person is posting sound recording which does not belong to him, he must ensure the following:
    • According to Section 52A(1)(b) recognition is provided to the copyright holder and the non-owing publisher should mention the name and address of the copyright holder.
    • According to Section 52A (1)(a) it is mandatory that due recognition is given to the creator, ensuring that name and address of the person who has created the recording are mentioned appropriately.
    • Section 52A(1)(c) makes it mandatory to ensure that the date of original publication is put in place.
  • Further, it provides If any person wishes to post a video film that is not his own, he must:
    • According to Section 52A(2)(b) name and address of the person making such video film is to be mentioned and a declaration that the person has obtained necessary license and consent of the owner of the copyright making the video recording should be published.
    • Section 52A(2)(a) makes it compulsory to provide Certification from the Board of Film Certification under Section 5A of the Cinematograph Act if certification is required.
    • Section 52A(2)(c) makes it mandatory to publish the name and address of the owner of the copyright.

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By |2018-10-27T12:00:04+00:00July 23rd, 2018|Copyright Registration|

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