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THE COPYRIGHT ACT, 1957

[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

74. REGISTRAR OF COPYRIGHTS TO POSSESS CERTAIN POWERS OF CIVIL COURTS.

The Registrar of Copyrights shall have the powers of a civil court when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely, —

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents;

(e) requisitioning any public record or copy thereof from any court or office;

(f) any other matter which may be prescribed.

Explanation.— For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Registrar of Copyrights, as the case may be, shall be the limits of the territory of India.

75. ORDERS FOR PAYMENT OF MONEY PASSED BY REGISTRAR OF COPYRIGHTS TO BE EXECUTABLE AS A DECREE.

Every order made by the Registrar of Copyrights under this Act for the payment of any money or by the High Court in any appeal against any such order, on a certificate issued by the Registrar of Copyrights, the Registrar of the High Court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.

76. PROTECTION OF ACTION TAKEN IN GOOD FAITH.

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

77. CERTAIN PERSONS TO BE PUBLIC SERVANTS.

Every officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

78. POWER TO MAKE RULES.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:—

(b) the form of complaints and applications to be made, and the licences to be granted, under this Act;

(c) the procedure to be followed in connection with any proceeding before the Registrar of Copyrights;

(cA) [Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.];

(cB) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31C;

(cC) the register and books of account and the details of existing stock which a person making sound recording may maintain under sub-section (5) of section 31C;

(cD) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31D;

(cE) the reports and accounts which may be maintained under clause (a), and the inspection of records and books of account which may be made under clause (b) or sub-section (7) of section 31D;

(ca) the conditions for submission of application under sub-section (2) of section 33;

(cb) the conditions subject to which a copyright society may be registered under sub-section (3) of section 33;

(cc) the inquiry for cancellation of registration under sub-section (4) of section 33;

(ccA) the manner in which a copyright society may publish its Tariff Scheme under sub-section (1) of section 33A;

(ccB) [Omitted by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.];

(ccC) the form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (3A) of section 33;

(cd) the conditions subject to which the copyright society may accept authorisation under clause (a) of sub-section (1) of section 34 and the conditions subject to which owners or rights have right to withdraw such authorisation under clause (d) of that sub-section;

(ce) the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34;

(cf) the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub-section (1) of section 35;

(cg) the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36;

(d) the manner of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;

(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52; ***

(e) the form of Register of Copyrights to be kept under this Act and the particulars to be enter