Copyright and Related Rights Act, 2000

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Exception from protection of copyright in certain works.

79.—(1) The making of an object of any description which is in three dimensions shall not be taken to constitute an infringement of the copyright in a work in two dimensions, if the object would not appear, to a person who is not an expert in relation to objects of that description, to be a reproduction of the work.

(2) The act of reproducing an object of any description which is in three dimensions shall not be taken to constitute an infringement of the copyright in a work in two dimensions (other than a work relating to a work of architecture) where—

(a) the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation that appear in the work and are applied to the objects, are wholly or substantially functional, and

(b) the object is one of a number, in excess of 50, of identical objects which have been manufactured and made commercially available by the owner of the copyright or by a person authorised by him or her in that behalf.

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