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CHAPTER 15 – MISCELLANEOUS

BananaIP Counsels > THE COPYRIGHT ACT > CHAPTER 15 – MISCELLANEOUS

CHAPTER 15 – MISCELLANEOUS

 

74.  Registrar of Copyrights and Appellate Board to possess certain powers of civil courts.—

 

The Registrar of Copyrights and the Appellate Board 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 or the Appellate Board, 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 and Appellate Board to be executable as a decree.—

 

Every order made by the Registrar of Copyrights or the Appellate Board under this Act for the payment of any money or by the High Court in any appeal against any such order of the Appellate Board shall, on a certificate issued by the Registrar of Copyrights, the Appellate Board or 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 and every member of the Appellate Board 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

2rules 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)  the form and manner in which an organisation may apply to the Appellate Board for compulsory licence for disabled and the fee which may accompany such application under sub-section (1) of 31B;

 

(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)  the fee which is to be paid before filing an appeal to the Appellate Board under sub-section (2) of section 33A;

 

(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 entered therein;

 

(f)  the matters in respect of which the Registrar of Copyrights and the Appellate Board shall have powers of a civil court;

 

(g)  the fees which may be payable under this Act;

 

(h)  the regulation of business of the Copyright Office and of all things by this Act placed under the direction or control of the Registrar of Copyrights.

 

(3)  Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

79.  Repeals, savings and transitional provisions.—

 

(1)  The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 are hereby repealed.

 

(2)  Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by the Appellate Board.

 

(3)  Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1).

 

(4)  Where copyright subsisted in any work immediately before the commencement of this Act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be—

 

(a)  in any case where copyright in the work was wholly assigned before the commencement of this Act, the assignee or his successor-in-interest;

 

(b)  in any other case, the person who was the first owner of the copyright in the work under any Act repealed by sub-section (1) or his legal representatives.

 

(5)  Except as otherwise provided in this Act, where any person is entitled immediately before the commencement of this Act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act had not come into force.

 

(6)  Nothing contained in this Act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement.

 

(7)  Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.

 

 

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