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[Section 52(1)] [Section 52] [Complete Act]
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Central Government Act
Section 52(1)(i) in the Copyright Act, 1957
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the questions to be answered in an examination; or
(iii) in answers, to such questions;
(i) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and student of the institution, or of a cinematograph film or a 6[sound recording], if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution 7[or the communication to such an audience of a cinematograph film or sound recording]; 8[(j) the making of sound recordings in respect of any literary, dramatic or musical work, if—
(i) sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work;
(ii) the person making the sound recordings has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf: Provided that—
(i) no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not reasonably necessary for the adaptation of the work for the purpose of making the sound recordings;
(ii) the sound recordings shall not be issued in any form of packaging or with any label which is likely to mislead or confuse the public as to their identity;
(iii) no such sound recording shall be made until the expiration of two calendar years after the end of the year in which the first recording of the work was made; and
(iv) the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright Board is, prima facie satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty;