Section 3 of the Copyright Act, 1957 - Meaning of Publication
Section 3 of the Copyright Act, 1957 defines when a work is treated as "published" for the purposes of the Act. The provision covers both the issue of copies to the public and communication of the work to the public.
Text of Section 3 - Meaning of Publication
Section 3. For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public.
Amendment note: Section 3 was substituted by the Copyright (Amendment) Act, 1994 (Act 38 of 1994), section 3, with effect from 10 May 1995.
What Does "Publication" Mean Under Section 3?
The statutory definition contains two principal ways in which a work may be made available to the public:
- Issue of copies: copies of the work are made available to members of the public.
- Communication to the public: the work is made available for the public to see, hear or otherwise enjoy through a mode of communication covered by the Act.
The expression is important because several provisions of the Copyright Act distinguish between published and unpublished works, or attach legal consequences to the place or date of publication.
Meaning of "Communication to the Public"
Section 2(ff) of the Copyright Act defines "communication to the public" broadly. In substance, it covers making a work or performance available for being seen, heard or otherwise enjoyed by the public, directly or through display or diffusion other than by issuing physical copies. The definition also covers availability at individually chosen places and times, whether or not a member of the public actually accesses or enjoys the work.
This definition is especially relevant to digital and electronic dissemination because Section 3 expressly includes communication to the public as a mode of publication.
Relationship With Sections 4 and 5
Section 4 deals with circumstances in which a work is not deemed to be published or performed in public. Section 5 deals with when a work is deemed to be first published in India, including simultaneous publication in India and another country.
Practical Importance of Section 3
Determining whether a work has been published can affect the application of other provisions of copyright law, including provisions dealing with the place and date of first publication, unpublished works and the duration or administration of copyright in particular circumstances. Section 3 therefore operates as a foundational definition and should be read with the other relevant provisions of the Act.
Related Provisions
For connected definitions, see Section 2 - Interpretation. For the provisions immediately following Section 3, see Section 4 and Section 5.