Works in which copyright subsists :
Section – 13. (1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,—
| (a) | original literary, dramatic, musical and artistic works; | |
| (b) | cinematograph films; and | |
| (c) | [sound recording.] |
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,—
| (i) | in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India; | |
| (ii) | in the case of an unpublished work other than a [work of architecture] the author is at the date of the making of the work a citizen of India or domiciled in India; and | |
| (iii) | in the case of a [work of architecture] the work is located in India. |
Explanation: In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist—
| (a) | in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; | |
| (b) | in any [sound recording] made in respect of a literary, dramatic or musical work, if in making the [sound recording], copyright in such work has been infringed. |
(4) The copyright in a cinematograph film or a [sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the [sound recording] is made.
(5) In the case of a [work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.