 statement of objects and reasonsindia is a signatory to the agreement on trade related aspects of intellectual property rights (trips) as per article 14 of the agreement, the term of protection available to performers shall last at least until the end of a period of fifty years computed from the end of the calendar year in which the performance took place section 38 of the copyright act, 1957, inter alia, provides that the performers' right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made it is proposed to extend the term of protection of performers' rights from twenty-five years to fifty years and to provide for powers to the government to extend the provisions of the copyright act to broadcasts and performances made in other countries, provided those countries extend similar protection to broadcasts and performances made in india extension of the period of protection of performers' rights to fifty years as well as extending applicability of provisions of copyright act to broadcasts and performances in other countries shall benefit the indian broadcasting organisations and performers to get reciprocal protection for their rights in other countries which are signatories to trips it is also proposed to carry out certain minor modifications in the act 2 the bill seeks to achieve the above objects new delhi; murli manohar joshi the 8th december, 1999 memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section 40a, in the copyright, act, 1957 relating to power of central government to apply chapter viii of the act to broadcasting organisations and performers of certain other countries the proposed new section 40a seeks to empower the central government to issue order, published in the official gazette, applying the provisions of chapter viii of the aforesaid act to the broadcasting organisations and performers in a country (other than a country, with which india has entered into a treaty or, which is a party to a convention relating to rights of broadcasting organisations and performers to which india is also a party) in case such country has made or has undertaken to make such provisions as it appears to central government expedient to require for the protection in the foreign country of the rights of broadcasting organisations and performers similar to those as is available in india clause 6 proposes to insert a new section 42a relating to power to restrict rights of foreign broadcasting organisations and performers in the aforesaid act the proposed new section seeks to empower the central government to issue order, published in the official gazette, restricting the rights of foreign broadcasting organisations and performers if the central government is satisfied that the foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, as is available in india these new provisions are sought to be inserted in chapter ix relating to international copyright of the act section 43 of the act requires that the central government shall lay before both houses of parliament every such order made under chapter ix 2 it is not practicable to provide for those matters in respect of which orders may be made by the central government under proposed new section 40a and 424a in the bill itself the delegation of legislative power is, therefore, of a normal character  annexure extracts from the copyricut act, 1957 (14 of 1957)  '   interpretation 2 in this act, unless the context otherwise requires,—   x   (0) "literary work" includes computer programmes, tables and compilations including computer data basis; |     |     |     | %    |     ||------|------|------|-------|------|meaning of 14, for the purposes of this act, "copyright" means the exclusive right subject to copyright 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:— |     |     |     |     |     ||------|------|------|------|------|(b) in the case of a computer programme,— |     |     |     |     |     ||------|------|------|------|------|(ii) to sell or give on hire, or offer for sale or hire, any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasions; |             |    |     |     |     |     | %    |     ||-------------|----|-----|------|------|------|------|------|| performer's | 38 | (1) |     |     |     |     |     |ight ne (2) the performer's right shail subsist until twenty-five yearsfroms the beginning of the calendar year next following the year in which the performance is made certain acts §2 (1) the following acts shall not constitute an infringement of copyright, namely:— not to be ' infringement      of copyright (aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy— (i) in order to utilise the computer programme for the purpose for which it was supplied; or (ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied; |     |     |     |     |     ||------|------|------|------|------|(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access: provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last; 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