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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Under Section 40(d) of the Copyright Act, a work's author was a citizen of foreign country P, to which an order relates, at the date of first publication. How is the author treated for the Act's application?

The author is treated as if he were a citizen of India at the date of first publication, or at his time of death if he had died by then. Section 40(d) applies the Act accordingly once an order relating to that country is made.

  1. AAs a citizen of India at that date, in like mannerCorrect
  2. BAs a foreigner with no rights
  3. CAs a domiciled resident only after five years
  4. DAs entitled only to moral rights

Explanation

Section 40(d) directs that the Act applies to a work whose author was, at first publication (or at death if dead by then), a subject or citizen of the foreign country, as if the author were a citizen of India at that date or time.

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