ECIPL

Prof Abhijeet C. Jaiswal

Statutory Exceptions-Certain acts not to be Infringement of Copyright

The Copyright Act provides exceptions under Section 52 where certain uses of copyrighted works
are not considered infringement. These exceptions aim to promote public purposes, private study,
research, and education.

1. Fair Dealing with Any Work (excluding computer programmes):

• Purposes Allowed:
o Private or personal use, including research.
o Criticism or review, whether of that work or any other work.
o Reporting of current events and current affairs, including reporting of public
lectures.
• Note: Storing any work electronically (including incidental storage of a non-infringing
computer programme) for these purposes does not constitute infringement.

2. Copying or Adapting Computer Programmes by Lawful Possessors:

• Allowed Actions:
o Making copies or adaptations from a legally obtained copy to use the
programme for its intended purpose.
o Creating backup copies as temporary protection against loss, destruction, or
damage.

3. Acts Necessary for Software Inter-operability:

• Permitted for Lawful Possessors:
o Doing anything necessary to obtain essential information to make independently
created software work with other programmes.
o Condition: Such information is not readily available elsewhere.

4. Studying or Testing Computer Programmes:

• Allowed Activities:
o Observing, studying, or testing the functioning of a computer programme to
determine the ideas and principles behind any element.
o Must be done while performing acts necessary for the functions for which the
programme was supplied.

5. Non-Commercial Personal Use of Software:

• Permitted Action:
o Making copies or adaptations from a legally obtained copy for non-commercial
personal use.

6. Temporary Storage During Electronic Transmission:

• Allowed:
o Transient or incidental storage of a work or performance during the technical
process of electronic transmission or communication to the public.

7. Temporary Storage for Online Links or Access:

• Permitted When:
o Providing electronic links, access, or integration, unless expressly prohibited by
the rights holder.
o Condition: The person responsible is not aware or has no reasonable grounds to
believe the storage is infringing.
• If Notified of Infringement:

"If you want to achieve greatness, stop asking for permission." 18.1
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Prof Abhijeet C. Jaiswal

o Upon receiving a written complaint from the copyright owner:

▪ Must refrain from facilitating access for 21 days or until a court order is
received.
▪ If no court order is received within 21 days, access may continue.

8. Use in Judicial Proceedings:

• Permitted:
o Reproducing any work for the purpose of a judicial proceeding or reporting it.

9. Legislative Materials:
• Allowed:
o Reproducing or publishing works prepared by the Secretariat of a Legislature
exclusively for members.

10. Certified Copies Under Law:

• Permitted:
o Reproducing any work in a certified copy made or supplied under any current law.

11. Public Reading or Recitation:

• Allowed:
o Reading or reciting reasonable extracts from a published literary or dramatic work
in public.

12. Instructional Publications:

• Permitted:
o Publishing short passages from published literary or dramatic works in collections
mainly composed of non-copyright material intended for instructional use.
• Restrictions:
o Not more than two passages from the same author published by the same
publisher within five years.
o For joint authorship, includes passages from any of the authors.

13. Use by Teachers and Students:

• Allowed:
o Reproducing any work:
▪ By a teacher or pupil during instruction.
▪ As part of exam questions.
▪ In answers to exam questions.

14. Educational Institution Performances:

• Permitted:
o Performing literary, dramatic, or musical works by staff and students.
o Showing films or playing sound recordings.
• Audience Limited To:
o Staff and students.
o Parents and guardians.
o Persons connected with the institution's activities.

15. Playing Recordings in Certain Places:

• Allowed In:
o Residential premises (not hotels) for residents' common use.

"If you want to achieve greatness, stop asking for permission." 18.2
ECIPL
Prof Abhijeet C. Jaiswal

o Non-profit clubs or organizations.

16. Amateur Performances:

• Permitted:
o Performing literary, dramatic, or musical works by an amateur club or society.
• Conditions:
o Performance is for a non-paying audience or benefits a religious institution.

17. Reproducing Articles on Current Topics:

• Allowed:
o Reproducing articles on current economic, political, social, or religious topics
in newspapers or periodicals.
• Exception: If the author has expressly reserved reproduction rights.

18. Preservation by Public Libraries:

• Permitted:
o Non-commercial public libraries storing works electronically for preservation if
they own a non-digital copy.

19. Limited Copying by Libraries:

• Allowed:
o Making up to three copies of a book (e.g., pamphlets, maps) for library use.
• Condition: The book is not available for sale in India.

20. Reproducing Unpublished Works:

• Permitted:
o Reproducing unpublished literary, dramatic, or musical works kept in libraries,
museums, or institutions accessible to the public.
• Conditions:
o If the author's identity is known, reproduction is allowed only after 60 years from
the author's death.

21. Government and Judicial Works:

• Allowed:
o Reproducing or publishing:
▪ Matter from Official Gazettes (excluding Acts).
▪ Acts of Legislature with commentary or original matter.
▪ Reports of government committees or commissions, unless prohibited.
▪ Judgments or orders of courts or tribunals, unless prohibited.

22. Translating Legislative Acts:

• Permitted:
o Producing or publishing translations of legislative Acts into any Indian language
when:
▪ No government translation exists.
▪ Government translation isn't available for sale.
• Must Include: A statement that the translation is not authorized or accepted as authentic
by the government.

23. Artistic Works of Architecture:

• Allowed:

"If you want to achieve greatness, stop asking for permission." 18.3
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Prof Abhijeet C. Jaiswal

o Making or publishing paintings, drawings, engravings, or photographs of

architectural works.
o Displaying architectural works.

24. Artistic Works in Public Places:

• Permitted:
o Making or publishing images of sculptures or artistic works permanently situated
in public places or accessible premises.

25. Inclusion in Films:

• Allowed:
o Including artistic works in films if:
▪ The work is permanently in a public place.
▪ Inclusion is only as background or incidental to the main content.

26. Author's Use of Preparatory Works:

• Permitted:
o Authors using their own moulds, casts, sketches, plans, models, or studies
made for creating the work.
• Condition: Must not repeat or imitate the main design.

27. Industrial Application of Technical Drawings:

• Allowed:
o Making three-dimensional objects from two-dimensional artistic works like
technical drawings for purely functional parts of devices.

28. Reconstructing Buildings:

• Permitted:
o Reconstructing buildings or structures using the original architectural drawings
or plans.
• Condition: Original construction was made with the consent or license of the copyright
owner.

29. Exhibiting Films After Copyright Expiry:

• Allowed:
o Exhibiting films containing literary, dramatic, artistic, or musical works after the
film's copyright has expired.
• Acknowledgment Required:
o Identify the work by its title or description.
o Identify the author unless the work is anonymous or the author has waived
acknowledgment.

30. Temporary Recordings by Broadcasters:

• Permitted:
o Broadcasting organizations making temporary recordings of works they have
the right to broadcast.
o Retaining recordings for archival purposes due to exceptional documentary
value.

31. Performances at Religious or Official Ceremonies:

• Allowed:

"If you want to achieve greatness, stop asking for permission." 18.4
ECIPL
Prof Abhijeet C. Jaiswal

o Performing works or playing sound recordings during:

▪ Bona fide religious ceremonies, including marriage processions and
related festivities.
▪ Official ceremonies held by government bodies.

32. Accessible Formats for Persons with Disabilities:

• Permitted Actions:
o Adapting, reproducing, issuing copies, or communicating works in accessible
formats for persons with disabilities.
o Sharing accessible formats for private or personal use, education, or research.
• Conditions:
o Copies are provided on a non-profit basis, recovering only production costs.
o Organizations must ensure copies are used only by persons with disabilities and
prevent commercial distribution.
• Eligible Organizations Include:
o Registered under Section 12A of the Income-tax Act, 1961.
o Recognized under disability acts.
o Receiving government grants.
o Government-recognized educational institutions, libraries, or archives.

33. Importing Incidental Copies:

• Allowed:
o Importing copies of literary or artistic works (like labels, logos) that are incidental
to other lawfully imported goods or products.

"If you want to achieve greatness, stop asking for permission." 18.5