Section 8 of the Copyright Act, 1957 - Domicile of Corporations

Section 8 of the Copyright Act, 1957 provides a statutory rule for determining when a body corporate is treated as domiciled in India for the purposes of the Act.

Text of Section 8 - Domicile of corporations

Meaning of Section 8

The provision creates a legal deeming rule. If a body corporate is incorporated under a law in force in India, the Copyright Act treats that body corporate as domiciled in India for the purposes of the Act. The statutory test stated in Section 8 is therefore based on incorporation under Indian law.

A body corporate generally refers to an incorporated legal entity having a legal identity distinct from its members. Section 8 does not itself create or incorporate a company or other entity; it specifies when an incorporated body is to be regarded as domiciled in India when applying the Copyright Act.

Why domicile matters under the Copyright Act

The Act contains provisions in which nationality, domicile, publication and the connection of a work or rights-holder with India may be relevant. Section 8 supplies a specific rule for bodies corporate so that their Indian domicile can be determined by reference to incorporation under a law in force in India.

Official legal resources

For the current statutory text and related copyright material, refer to the official India Code database and the Government of India Copyright Office. The Copyright Office also provides access to the Act, Copyright Rules, notifications, forms and online copyright services.

Related provisions

Readers may also refer to Section 7 - Nationality of author where making of an unpublished work extends over a considerable period and Section 9 - Copyright Office.

This page is intended as a general legal reference. For an issue involving particular facts, the complete Act, applicable rules, notifications and current judicial decisions should also be considered.