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Section 53A, Copyright Act 1957: Resale Share Right in Original Copies

Section 53A (Resale share right in original copies) under Chapter XI (Infringement of Copyright) of the Copyright Act 1957

❝(1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:

Provided that such right shall cease to exist on the expiration of the term of copyright in the work.

(2) The share referred to in sub-section (1) shall be such as the Appellate Board may fix and the decision of the Appellate Board in this behalf shall be final:

 Provided that the Appellate Board may fix different shares for different classes of work:

 Provided further that in no case shall the share exceed ten percent of the resale price.

(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the Appellate Board whose decision shall be final.❞




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Notes:

Section 53A of the Copyright Act 1957 was :
- inserted by the Copyright (Amendment) Act 1994 (No. 38 of 1994), sec. 19, w.e.f. 10-May-1995;
- amended by the Finance Act, 2017 (No. 7 of 2017), sec. 160, w.e.f. 26-May-2017.

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