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Section-41 Provisions as to works of certain international organizations


Section-41 Provisions as to works of certain international organizations-

1. Where-

a. any work is made or first published by or under the direction or control of any organization to which the

section applies, and

b. there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and

c. either-

i. The work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or

ii. Under Section 17 any copyright in the work would belong to the organization.

There shall, by virtue of this section, be copyright in the work throughout India.

(2) Any organization to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purposes of holding, dealing with, and enforcing copyright and in connection with all legal proceeding relating to copyright.

(3) The organization to which this section applies are such organization as the Central Government may, by order published in the Official Gazette, declare to be organization of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply.

 

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