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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

A work is made by a UN-type intergovernmental organisation, notified by the Central Government under Section 41, and would otherwise have no copyright in India. The author's agreement does not reserve copyright to the author. What follows under Section 41?

Copyright subsists in the work throughout India. Section 41 creates it where a notified international organisation made or first published the work, no copyright would otherwise exist, and the agreement does not reserve copyright to the author. The organisation is deemed to have the capacity of a body corporate.

  1. ACopyright subsists in the work throughout IndiaCorrect
  2. BNo copyright arises unless the work is registered
  3. CCopyright arises only for 60 years from the author's death
  4. DCopyright arises only if the organisation is a body corporate

Explanation

Section 41(1) says that where a work is made or first published by or under the direction or control of a notified organisation, there would otherwise be no copyright, and the publishing agreement does not reserve copyright to the author, copyright subsists throughout India. Section 41(2) also gives such organisations the legal capacity of a body corporate for copyright purposes, so the body-corporate requirement is not a condition.

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