Chapter III - Copyright

Section 14

Section 14: Meaning of copyright

Section 14 defines copyright as a bundle of exclusive rights to do, or authorise others to do, specified acts. The acts differ by class of work and are subject to the rest of the Act.

Official text

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Need advice on Section 14?

This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

Statutory text

Bare law

For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:—

(a) in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,— (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.

(c) in the case of an artistic work,— (i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work; (ii) to communicate the work to the public; (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,— (i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film; (iii) to communicate the film to the public;

(e) in the case of a sound recording,— (i) to make any other sound recording embodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public.

Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

Scope and applicability

Section 14 states what copyright consists of. It is an exclusive right to do, or to authorise others to do, the acts listed for the relevant class of work, in respect of the whole work or any substantial part of it.

First identify the class of work. Clause (a) covers literary, dramatic and musical works other than computer programmes; clause (b) computer programmes; clause (c) artistic works; clause (d) cinematograph films; and clause (e) sound recordings. Each clause has its own list, so an act reserved for one class is not automatically reserved for another.

The opening words make the rights subject to the provisions of the Act. Whether copyright subsists at all is governed by other provisions, such as section 13, and section 52 lists acts that do not constitute infringement.

Conditions and limits

Issuing copies to the public is reserved only for copies not already in circulation (clauses (a)(ii) and (c)(iii)). The Explanation deems a copy that has been sold once to be a copy already in circulation for this section. Whether a particular sale satisfies that deeming is a legal question on the facts; the section does not list the kinds of sale that qualify.

For computer programmes, films and sound recordings, the section reserves selling, giving on commercial rental, and offering for sale or rental. For computer programmes, the proviso to clause (b)(ii) says commercial rental does not apply where the programme itself is not the essential object of the rental.

“Commercial rental” is a defined term. It was inserted as clause (fa) of section 2 by the Copyright (Amendment) Act, 2012, and re-lettered as clause (faa) by the Tribunals Reforms Act, 2021. Read the definition before relying on the rental rights.

Step-by-step review

Classify the work, or each component of a combined product, under the correct clause.

Map the proposed use (copying, storage, distribution, rental, performance, communication, translation, adaptation or inclusion in a film) to the acts listed in that clause.

Check whether the use concerns the whole work or a substantial part of it.

Identify the copyright owner, any assignment or licence, and whether any provision of the Act, such as section 52, applies to the use.

Record the permissions obtained and the source of each copy you plan to distribute.

Hypothetical example

Hypothetical: a training company wants to store a licensed textbook chapter on its servers, translate it, and stream a recorded lecture that uses the translation. Storage, translation and communication to the public are separate acts listed in clause (a). The company should confirm that its licence covers each of them, rather than assuming that permission for one covers the others.

Official sources

Practical checklist

Do

Classify each work before deciding which exclusive acts apply.
Take permission for each listed act you intend to do, such as storage, translation or communication to the public.
Keep purchase or licence records showing where distributed copies came from.

Avoid

Do not assume a right listed for one class of work applies to another class.
Do not treat the Explanation as settling every resale question without checking the facts of the first sale.
Do not rely on rental rights without reading the definition of commercial rental.

Glossary

Copyright: The exclusive right, subject to the Act, to do or authorise the acts listed in section 14 for the relevant class of work.
Copy already in circulation: Under the Explanation, a copy that has been sold once is deemed to be a copy already in circulation for this section.
Substantial part: The rights extend to the listed acts done in respect of any substantial part of the work, not only the whole.

Frequently asked questions

Does section 14 give the same rights for every kind of work?

No. It sets out separate lists for literary, dramatic and musical works; computer programmes; artistic works; cinematograph films; and sound recordings.

Does the copyright owner control further sale of a copy that has already been sold?

The issue-of-copies right in clauses (a)(ii) and (c)(iii) excludes copies already in circulation, and the Explanation deems a copy sold once to be in circulation. Separate rental and sale rights apply to computer programmes, films and sound recordings, so check the clause for the work concerned.

Are the section 14 rights absolute?

No. They are expressly subject to the other provisions of the Act, including section 52 on acts that are not infringement.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 11 October 2026

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