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CHAPTER 13 – REGISTRATION OF COPYRIGHT

BananaIP Counsels > THE COPYRIGHT RULES > CHAPTER 13 – REGISTRATION OF COPYRIGHT

CHAPTER 13 – REGISTRATION OF COPYRIGHT

 

69. Form of Register of Copyrights.—

 

(1) The Register of Copyrights shall be kept in physical and electronic form in six parts, namely :—

 

Part I – Literary works other than computer programmes, tables and compilations including computer data bases and dramatic works.

 

Part II – Musical works

 

Part III – Artistic works

 

Part IV – Cinematograph films

 

Part V – Sound recordings

 

Part VI – Computer programmes, tables and compilations including computer databases.

 

(2) The Register of Copyrights shall contain the particulars specified in Form-XIII.

 

70. Application for Registration of Copyright.— 

 

(1) Every application for registration of copyright shall be made in Form-XIV and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in Form-XV.

 

(2) Every such application shall be in respect of one work only, and shall be accompanied by the fee specified in the Second Schedule in this behalf.

 

(3) Every application should be signed only by the applicant, who may be an author or owner of right. If the application is submitted by the owner of copyright, it shall be enclosed with an original copy of no objection certificate issued by the author in his favour.

 

(4) Every application for registration of an unpublished work shall be accompanied by two copies of the work.

 

(5) Every application for registration of a computer programme shall be accompanied by the source and object code.

 

(6) Every application for registration in respect of an artistic work which is used or is capable of being used 1[in relation to any goods or services], such application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.

 

(7) Every application for registration in respect of an artistic work which is capable of being registered as a design under the Designs Act, 2000, such application shall be

 

1Subs. by G.S.R. 788(E), dated 10th August, 2016, for “in relation to any goods” (w.e.f. 12-8-2016).

 

accompanied by a statement in the form of an affidavit containing the following, namely:-

 

(a) it has not been registered under the Designs Act, 2000; and

 

(b) it has not been applied to an article through industrial process and reproduced more than fifty times.

 

(8) Every such application can be filed in the Copyright Office by person or by post or by online filing facility as provided on the website of the Copyright Office.

 

(9) The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.

 

(10) If no objection to such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application, the Registrar of Copyrights shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.

 

(11) If the Registrar of Copyrights receives any objections for such registration within the time specified in 1[sub-rule (10)], or, if he or she is not satisfied about the correctness of the particulars given in the application, he or she may, after holding such inquiry as he or she deems fit, enter such particulars of the work in the Register of Copyrights as he or she considers necessary.

 

(12) The Registrar of Copyrights shall give an opportunity of hearing before rejecting the any application filed for registration of any work.

 

(13) The process of registration is deemed to be completed only when a copy of the entries made in the Register of Copyrights is signed and issued by Registrar of Copyrights or by Deputy Registrar of Copyrights, to whom such authority is delegated.

 

(14) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.

 

71. Correction and rectification of entries in the Register of Copyrights. —

 

(1) The Registrar of Copyrights may, either suo motu or on application of any interested person, amend, or alter the Register of Copyrights for the entries specified in section 49, after giving, wherever practicable, to the person affected by such amendment or alteration, an opportunity to show cause against such amendment or alteration, and communicate to such person the amendment or alteration so made.

 

(2) The Registrar of Copyrights shall rectify the entries made in the Register of Copyrights after an order is being passed by the Board on an application made by the Registrar of Copyrights in this behalf under section 50.

 

1Subs. by G.S.R. 788(E), dated 10th August, 2016, for “sub-rule (7)” (w.e.f. 12-8-2016).

 

72. Indexes. 

 

(1) There shall be kept at the Copyright Office the following indexes both in physical and electronic form for each part of the Register of Copyrights, namely:—

 

(i) a general Author Index;

 

(ii) a general Title Index;

 

(iii) an Author Index of works in each language; and

 

(iv) a Title Index of works in each language.

 

(2) Every Index shall be arranged alphabetically in the form of cards.

 

73. Inspection of the Register of Copyrights and Indexes.—

 

The Register of Copyrights and Indexes thereof shall at all reasonable time be open to inspection by any person in such manner and subject to such conditions as the Registrar of Copyrights may specify. The online search or inspection of the Register of Copyrights and Indexes can be utilized by making online payment of fee as specified in the Second Schedule.

 

74. Copies and extracts of the Register of Copyrights and Indexes. —

 

(1) Any person shall be entitled to take copies of, or make extracts from, the Register of Copyrights or Indexes on payment of the fee as specified in the Second Schedule subject to such supervision as the Registrar of Copyrights may arrange.

 

(2) The Registrar of Copyrights shall, on an application made in that behalf and on payment of the fee specified in the Second Schedule, furnish a certified copy of entries made in the Register of Copyrights and Indexes thereof.

 

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