Copyright Ordinance, 1962 — section 57

57. Certain acts not to be infringement of copyright..—(1) The following acts shall not constitute an infringement of copyright, namely:

(a)a fair dealing with a literary, dramatic, musical or artistic work for the purpose of

(i)research or private study;

(ii)criticism or review, whether of that work or of any other work;

(b)a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events

(i)in a newspaper, magazine or similar periodical, or

(ii)by 1[broadcast] or in a cinematographic work or by means of photographs;

(c)the reproduction of a literary, dramatic, musical or artistic work for the propose of a judicial proceeding or for the purpose of a report of a judicial proceeding;

(d)the publication in a newspaper of a report of an address of political nature delivered at a public meeting unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given and, except whilst the building is being used for public worship, in a position near the lecture; but nothing in this clause shall affect the provisions as to newspaper summaries;

(e)the reproduction of any literary, dramatic or musical work in the certified copy made or supplied in accordance with any law for the time being in force;

(f)the reading or recitation in public of any reasonable extract from a published literary or dramatic work;

(g)the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists: Provided that not more than two such passages from works of the same author are published by the same publisher during any period of five years; Explanation.__ In the case of a work of joint authorship references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person.

(h)the reproduction or adaptation of a literary, dramatic, musical or artistic work 1 Subs. by Act No. XX of 1992, s. 15.

(i)in the course and for the sole purpose of instruction, whether at an educational institution or elsewhere, where the reproduction or adaptation is made by a teacher or a pupil otherwise than by the use of a painting process; or

(ii)as part of the questions to be answered in an examination; or

(ii)in answers to such questions;

(i)the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematographic work or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution;

(j)the making of records in respect of any literary, dramatic or musical work, if

(i)records recording the work have previously been made by or with the licence or consent of, the owner of the copyright in the work; and

(ii)the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the Board in this behalf: Provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless records recording the work subject to similar alterations and omissions have been previously made by, or with the licence or consent of the owner of the copyright, or unless such alterations and omissions are reasonably necessary for the adaptation of the work to the records in question;

(k)the causing of a recording embodied in a record to be heard in public utilising the record,

(i)at any premises where persons reside, as part of the amenities provided exclusively or mainly for residents therein, or

(ii)as part of the activities of a club, society or other organization which is not established or conducted for profit;

(l)the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious, charitable or educational institution;

(m)the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the owner of copyright of such article has expressly reserved to himself the right of such reproduction;

(n)the publication in a newspaper, magazine or other periodical of a report of a lecture delivered to public;

(o)the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library or a non-profit library available for use by the public free of charge or a library attached to an educational institution for the use of such library if such book is not available for sale;

(p)the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access: Provided that where the identity of the author of any such work, or in the case of a work of joint authorship, of any of the authors, is known to the library, museum or other institution, as the case may be, the provision of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known, from the death of such one of those authors who dies last;

(q)the reproduction or publication of

(i)any matter which has been published in any official Gazette, or the report of any committee, commission, council, board or other like body appointed by the Government unless the reproduction or publication of such matter or report is prohibited by the Government;

(ii)any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, tribunal or other judicial authority, as the case may be;

(r)the making or publishing of a painting, drawing, engraving or photograph of an architectural work of art;

(s)the making or publishing of a painting, drawing, engraving or photograph of a sculpture or other artistic work if such work is permanently situate in a public place or any premises to which the public has access;

(t)the inclusion in a cinematographic work of

(i)any artistic work permanently situate in a public place or any premises to which the public has access; or

(ii)any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the work;

(u)the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work; Provided that he does not thereby repeat or imitate the main design of the work;

(v)the making of an object of any description in three dimensions of an artistic work in two dimensions, if the object would not appear, to persons who are not experts in relation to objects of that description, to be a reproduction of the artistic work;

(w)the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed: Provided that the original construction was made with the consent or licence of the owner of the copyrights in such drawings or plans;

(x)in relation to a literary, dramatic or musical work recorded or reproduced in any cinematographic work, the exhibition of such work after the expiration of the term of copyright therein: Provided that the provisions of sub-clause (ii) of clause (a), sub-clause

(i)of clause (b) and clauses (f), (g), (m), and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment

(i)identifying the work by its title or other description; and

(ii)unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author. Explanation.__ For the purposes of clause (a) or clause (b) of this sub-section

(i)in relation to a literary or dramatic work in prose, a single extract up to four hundred words, or a series of extracts (with comments interposed) up to a total of eight hundred words with no one extract exceeding three hundred words; and

(ii)in relation to a literary or dramatic work in poetry, an extract or extracts up to a total of forty lines and in no case exceeding one fourth of the whole of any poem may be deemed to be fair dealing with such work : Provided that in a review of a newly published work, reasonably longer extracts may be deemed fair dealing with such work.

(2)The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself. 1