Page:Indian Copyright Act (4th Amendment) 1994.djvu/3

254 :(vii) for clause (o), the following clause shall be substituted, namely:—
 * ‘(o) “literary work” includes computer programmes, tables and compilations including computer data basis;’;
 * (viii) for clause (p), the following clause shall be substituted, namely:—
 * ‘(p) “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;’;
 * (ix) for clause (q), the following clause shall be substituted, namely:—
 * ‘(q) “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers;’;
 * (x) after clause (q) the following clause shall be inserted, namely:—
 * ‘(qq) “performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance;’;
 * (xi) clause (r) shall be omitted;
 * (xii) in clause (t) and in all other provisions of the principal Act, for the word “record”, wherever it occurs, the words “sound recording” shall be substituted;
 * (xiii) after clause (u), the following clause shall be inserted, namely:—
 * ‘(uu) “producer”, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;’;
 * (xiv) clause (w) shall be omitted;
 * (xv) for clause (x), the following clauses shall be substituted, namely:—
 * ‘(x) “reprography” means the making of copies of a work, by photocopying or similar means;
 * (xx) “sound recording” means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.’.

3. For section 3 of the principal Act, the following section shall be substituted, namely:—


 * ‘3. For the purposes of this Act, “publication” means making a work available to the public by issue of copies or by communicating the work to the public.’.

4. For section 6 of the principal Act, the following section shall be substituted, namely:


 * ‘6. If any question arises,—
 * (a) whether a work has been published or as to the date on which a work was published for the purposes of Chapter V, or
 * (b) Whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act a