law: Copyright Act, 1957
  52. 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 [not being a computer
  
  programme(Note: Ins. by Act 38 of 1994, S.17 (w.e.f. a date to be
  
  notified)) ] for the purposes of –
  i. [(Note: Subs. by
  
  Act 38 of 1994, S.17 (w.e.f. a date to be notified)) private use, including
  
  research:]
  ii. criticism or
  
  review, whether of that work or of any other work.
  aa.  [(Note:
  
  Ins. by Act 38 of 1994, S.17 (w.e.f. a date to be notified)) The making of
  
  copies or adaptation of a computer programme by the lawful possessor of a copy
  
  of such computer programme, from such copy-
  i. in order to utilize
  
  the computer programme for the purposes for which it was supplied, or
  ii. to make back
  
  up copies purely as a temporary protection against loss, destruction or damage
  
  in order only to utilize the computer programme for the purpose for which it
  
  was supplied;]
  a. 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 [(Note:
  
  Subs. for "radio-diffusion" by Act 23 of 1983, S.2 (w.e.f. 9-8-1984))
  
   broadcast] or in a cinematograph film or by means of photographs,
  [(Note: Ins. by Act 23 of 1983, S.18
  
  (w.e.f. 9-8-1984)) Explanation – The publication of a compilation of
  
  address or speeches delivered in public is not a fair dealing of such work
  
  within the meaning of this clause.]
  a. The reproduction of a literary, dramatic,
  
  musical or artistic work for the purpose of judicial proceeding or for the
  
  purpose a report of a judicial proceedings;
  b. The reproduction or publication of a
  
  literary, dramatic, musical or artistic work in any work prepared by the Secretariat
  
  of a Legislature, or, where the Legislature consists of two Houses, by the
  
  Secretariat of either House of the Legislature, exclusively for the use of the
  
  members of that Legislature;
  c. The reproduction of any literary,
  
  dramatic or musical work in a certified copy made or supplied in accordance
  
  with any law for the time being in force;
  d. The reading or recitation in public of
  
  any reasonable extract form a published literary or dramatic work;
  e. The publication in a collection,
  
  mainly composed on 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 by 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 those authors in collaboration with any
  
  other person;
  f. he reproduction of a literary, dramatic,
  
  musical or artistic work-
  (i) by a teacher or a
  
  pupil in the course of instruction, or
  (ii) as part of the
  
  questions to be answered in an examination, or
  (iii) in answers to
  
  such questions
  i. The performance, in the course of the
  
  activities of an educational institutions, of a literary, dramatic or musical
  
  work by the staff and students of the institution, or of a cinematograph film
  
  or a [(Note: Subs. by Act 38 of 1994, S.2 (xii) (w.e.f. a date to be
  
  notified)) sound recording], if the audience is limited to such staff and
  
  students, the parents and guardians of the students and persons directly
  
  connected with activities of the institution [(Note: Ins. by Act 38 of 1994,
  
  S.17 (w.e.f. a date to be notified)) or the communication to such an
  
  audience of a cinematograph film or sound recording];
  j. [(Note: Subs. by Act 38 of 1994,
  
  S.17 (w.e.f. a date to be notified)) The making of sound recordings in
  
  respect of any literary, dramaticor musical work, if-
  i. sound recordings of
  
  that work have been made by or with the license or consent of the owner of the
  
  right in the work
  ii. the person
  
  making the sound recordings has given a notice of his intentions to make the sound
  
  recordings, has provided copies of all covers or labels with which the sound
  
  recordings are to be sold, and has paid in the prescribed manner to the owner
  
  of rights in the work royalties in respect of all such sound recordings to be
  
  made by him, at the rate fixed by the Copyright Board in this behalf.
  Provided that-
  i. no alterations shall be made which
  
  have not been made previously by or with the consent of the owner of rights, or
  
  which are not reasonably necessary for the adaptation of the work for the
  
  purpose of making the sound recordings.
  ii. the sound recordings shall not be
  
  issued in any form of packaging or with any label which is likely to mislead or
  
  confuse the public as to their identity.
  iii. no such sound recording shall be made until
  
  the expiration of two calendar years after the end of the year in which the
  
  first sound recording of the work was made, and
  iv. the person making such sound recordings
  
  shall allow the owner of rights or his duly authorized agent or representative
  
  to inspect all records and books of accounts relating to such sound recording.
  Provided further that if on a complaint brought
  
  before the Copyright Board to the effect that the owner of rights has not been
  
  paid in full for any sound recordings purporting to be made in pursuance of
  
  this clause, the Copyright Board is prima facie, satisfied that the complaint
  
  is genuine. It may pass an order ex parte directing the person making the sound
  
  recording to cease from making further copies and, after holding such inquiry
  
  as it considers necessary, make such further orders as it may deem fit,
  
  including an order for payment of royalty.
  k. the causing of a recording to be heard in
  
  public by utilizing it, -
  i. in an enclosed room
  
  or shall meant for the common use of residents in any residential premises (not
  
  being a hotel or similar commercial establishment) as part of the amenities
  
  provided exclusively or mainly for residents therein, or
  ii. as part of
  
  the activities of a club or similar 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 institution.
  m. the reproduction in a newspaper,
  
  magazine or other periodical of an article on current economic, political,
  
  social or religious topics, unless the author 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 in public
  o. The making of not more than three
  
  copies of a book (including a pamphlet, sheet of music, map, chart or plant) by
  
  or under the direction of the person in charge of a public library for the use
  
  of the library if such book is not available for sale in India.
  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 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 provisions 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
  
  identify is known or, if the identify of more authors than one is known from
  
  the death of such of those authors who dies last.
  q. The reproduction or publication of-
  i. any matter
  
  which has been published in any Gazette except an Act if a Legislature.
  ii. any Act of a
  
  Legislature subject to the condition that such Act is reproduced or published
  
  together with any commentary thereon or nay other original matter.
  iii. The report
  
  of any committee, commission, council, board or other like body appointed by
  
  the Government if such report has been laid on the Table of Legislature, unless
  
  the reproduction or publication of such report is prohibited by the Government.
  
  
  iv. 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, the tribunal or other judicial authority, as the case may be
  l. the production
  
  or publication of a translation in any Indian language of an Act of a
  
  Legislature and of any rules or orders made thereunder-
  i. if no translation
  
  of such Act or rules or orders in that language has previously been produced or
  
  published by the Government, or
  ii. where a
  
  translation of such Act or rules or orders in that language has been produced
  
  or published by the Government if the translation is not available for sale to
  
  the public
  Provided that such translation contains a
  
  statement at a prominent place to the effect that the translation has not been
  
  authorized or accepted as authentic by the Government.
  l. [(Note: subs. by Act 38 of 1994,
  
  S.17 (w.e.f. a date to be notified)) the making or publishing of a
  
  painting, drawing, engraving or photograph of a work of architecture or the
  
  display of a work of architecture.]
  m. The making or publishing of a
  
  painting, drawing, engraving or photograph of a sculpture, or other artistic
  
  work falling under sub clause (iii) of clause (e) of Section 2, if such work is
  
  permanently situate in a public place or any premises to which the public has
  
  access.
  n. The inclusion in a cinematograph film
  
  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 film,
  l. 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
  m.  (Note: Omitted by Act 38 of 1994, S.17
  
  (w.e.f. a date to be notified))
  n. the reconstruction of a building or
  
  structure in accordance with the architectural drawings or plans by references
  
  to which the building or structure was originally constructed.
  Provided that the original construction was made
  
  with the consent or license of the owner of the copyright in such drawings and
  
  plans,
  o. in relation to a literary, dramatic or
  
  musical work recorded or reproduced in any cinematograph film, the exhibition
  
  of such film after the expiration of the term of copyright therein.
  Provided that provisions of sub clause (ii) of
  
  clause (a), sub clause (I) of clause (b) and clauses (d), (f), (g), (m), and
  
  (p) shall not apply as respects any act unless that act is accompanied by an
  
  acknowledge –
  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 acknowledgement of
  
  his name should be made, also identifying the author.
  l. [(Note: Ins. by Act 38 of 1994,
  
  S.17 (w.e.f. a date to be notified)) the making of an ephemeral recording,
  
  by a broadcasting organization using its own facilities for its own broadcast
  
  by a broadcasting organization of a work which it has the right to broadcast,
  
  and the retention of such recording for archival purpose on the ground of its
  
  exceptional documentary character.
  (za) the performance of a literary, dramatic
  
  or musical work or the communication to the public of such work or of a sound
  
  recording in the course of any bona fide religious ceremony or an official
  
  ceremony held by the Central Government or the State Government or any local
  
  authority.
  Explanation - For the purpose of
  
  this clause, religious ceremony includes a marriage procession and other social
  
  festivities associated with a marriage.]
  (2) The provision of sub section (I) 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.