Section 13(3) Copyright Act 1957 states that copyright does NOT subsist in:
Aa literary work that is original and authored by an Indian citizen (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3))
Ba cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; or in a sound recording made in respect of a literary, dramatic or musical work, if in making it, the copyright in such work has been infringed
Ca work made by an unknown author and never published (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3))
Da translation of a foreign work whose copyright is owned in India (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3)) (cf. Copyright Act 1957, Section 13(3))
Answer & Solution
Correct answer: B. a cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; or in a sound recording made in respect of a literary, dramatic or musical work, if in making it, the copyright in such work has been infringed
1. Section 13(3) Copyright Act 1957: 'Copyright shall not subsist — (a) in any cinematograph film 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.'
2. Section 13(4): the copyright in a cinematograph film or a sound recording does not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or the sound recording is made.
3. Hence option C is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Copyright Act 1957, Section 13(3)_
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