Section 5 of the Copyright Act, 1957 - When Work Is Deemed First Published in India
Section 5 of the Copyright Act, 1957 determines when a work published in India is treated as having been first published in India, including where publication also occurs in another country at about the same time.
Text and meaning of Section 5
In substance, Section 5 provides that a work published in India is deemed to be first published in India even if it is published simultaneously in another country, except where that other country provides a shorter term of copyright for the work.
It further provides that publication in India and another country is treated as simultaneous when the interval between the two publications does not exceed thirty days, or another period determined by the Central Government for a specified country.
What Section 5 does
The provision creates a statutory rule for deciding the place of first publication. It is particularly relevant where the same work reaches the public in India and abroad within a short period and the legal consequences depend on where the work was first published.
- Publication in India: The work must be published in India for Section 5 to operate.
- Simultaneous foreign publication: Publication in another country does not by itself prevent India from being treated as the place of first publication.
- Thirty-day rule: Publications are treated as simultaneous where the interval does not exceed thirty days, subject to any different period determined by the Central Government for a specified country.
- Shorter foreign copyright term: The statutory deeming rule is subject to the exception concerning a country that provides a shorter term of copyright for the work.
Meaning of publication under Section 3
Section 5 should be read with Section 3 of the Copyright Act. Section 3 defines "publication" for the purposes of the Act as making a work available to the public by issue of copies or by communicating the work to the public.
Section 4 and unauthorized publication
Section 4 is also relevant. Except in relation to infringement of copyright, it provides that a work is not deemed to be published or performed in public when the publication or public performance takes place without the licence of the copyright owner.
Why the place of first publication matters
The place and date of publication can affect the application of other provisions of the Copyright Act. For example, Section 13 contains conditions relating to subsistence of copyright in published works, while Chapter V contains provisions governing the term of copyright for different classes of works.
Practical example
If a work is published in India and is also published in another country within thirty days, the publications may be treated as simultaneous for Section 5. The work can therefore be deemed first published in India, subject to the statutory exception concerning a shorter copyright term in the other country and any applicable Central Government determination.
Related provision: disputes about publication
Section 6 of the Copyright Act deals with specified disputes concerning publication, including questions about whether or when a work was published for the purposes of Chapter V and questions concerning a shorter term of copyright in another country.
Official legal resources
For the current statutory text and subordinate legislation, consult the Copyright Act, 1957 on India Code, the IP India Copyright Acts page, and the IP India Copyright Rules page.
This article is a general explanation of the statutory provision. For a particular dispute, the facts, applicable notifications, international arrangements and other provisions of the Copyright Act may also require consideration.