Subject matter of copyright according to Section 13 – Explained!

(c) Sound recordings. 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,-

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(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(ii) In the case of an unpublished work other than a work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India; and

(iii) In the case of a 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.

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 sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.

The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or a subtending.’ part of which, the film, or as the case may be, the sound recording is made.

In the case of a work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.