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

Under the Copyright Act, 1957, for a foreign country that is not a treaty or convention partner of India, what must the Central Government be satisfied about before extending copyright to its works by order?

For a country that is not a treaty or convention partner, the Central Government must be satisfied that it has made, or undertaken to make, suitable provisions protecting in that country works entitled to copyright under the Indian Act. This reciprocity condition precedes any extension order.

  1. AThat the country has made or undertaken to make suitable provisions protecting works entitled to copyright under the Indian ActCorrect
  2. BThat the country has a copyright society identical to India's
  3. CThat the country's term of copyright is longer than India's
  4. DThat the country's authors are domiciled in India

Explanation

Proviso (i) to section 40 requires, for countries outside treaties or conventions with India, satisfaction that the country has made or undertaken to make such provisions as are expedient for protecting works entitled to copyright under the Indian Act. A longer foreign term is irrelevant, since the Indian term cannot exceed the Act's term.

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