``Copy right board “

Abstract; copyright means exclusive rights to do or authorize others to do certain acts in relation to;

1. Original, literary, dramatic, musical and artistic works.

2. Cinematography film and
3. Sound recordings

A copyright is copy and reproduce the work in which the copyright subsists. The term of copyright is
the life of the author of the work plus 60 years with certain exceptions. When a person with bonafide
intention copy someone work and gain profit then he will be liable for infringement of copyright act. The
purpose of the enactment of copyright act to protect the original work of the author.

Object of the act; the main object of copyright law to encourage authors. Composers, artists and
designers to create original work by rewarding them with and exclusive right for a limited time to exploit
the work for monetary gain. The copyright board gives the license them to produce there work and gain
advantages.

Copyright board; the Indian copyright legislation provides for 3 important authorities and institutions
for registration of copyright effective protection of copyright and also for better enforcement of copu
right of owners and others. They are;

1. Copyright office
2. Copyright board
3. Copyright society

Copyright board; it is a quasi- judicial body constituted in sep, 1958 . the territorial jurisdiction of
the board extends whole of the India. The copyright board was constituted by central government of
India to discharge function under this act. The board deals deals with the matters relating to;

1. Copyright registration
2. Copyright to grant of licenses
3. Assignment of copyright
4. Unpublished Indian work
5. Production and publications of translations and works for certain specified purposes.
6. Miscellaneous matters.

Compositions;

(a) Chairman. The chairman must be a person who is or has been a judge of high court or having
capacity to be appointed as a high court judge.
(b) Fourteen other members who have experience of 5 years. They may be reappointed after the
competition of 5 years.
Registrar; the registrar also having a great role in copyright board. He is the person who
performs the secretarial function of the copyright board. Registrar holds the copyright office. He
has to perform certain functions. The registrar of the copyright has power of the civil court. His
orders are deemed to be a decree of civil court.
Powers of copyright board; the copyright board has been constituted to perform judicial
functions. The board has powers for the purpose of section 346 and 345 of code of criminal
procedure 1973. All the proceedings of the board are civil proceedings or judicial proceedings
within the meaning of section 193 and 228 of the Indian penal code 1860. The copyright board
have power to;
(a) Summoning any person and examine him on oath.
(b) Enquiry and production of any documents.
(c) Receiving evidence in affidavit.
(d) Issuing commission for examination of wittiness and document.
(e) Requisitioning any public record or copy thereof from any court or office
(f) Any other matter which may be prescribed.

Procedure of copyright board; the copyright board have its own procedure, including to
fixation of date, places of its sittings. Ordinarily the board will hear any proceedings instituted
before it within the zonal area in which;

(a) The person resides.

(b) The person actually or voluntarily resides.
(c) Carries on business.
(d) Personally works for gain.
Its functions are divided in five zones. The chairman distributes the business of members by
zonal basis. The chairman constitutes the bench of members. Each bench consist not more
than 3 members. If any important matter comes before him then the bench of 5 members
has been constituted. The decision of majority of members shall prevail in conflict. If there is
no majority then the decision of chairman shall be final.
Leading case law; R.G anand versus defux films;
Introduction; This is a landmark decision of the supreme court of India in the area of
copyright law. The case deals with a copyright infringement suit against the movie new Delhi
made by Mohan sehgal in 1954. The plaintiff contended that it was muddled or basined of a
play hum Hindustani written or produced by him.
Facts; the plaintiff wrote the play hum Hindustani and it soon become popular. In 1954 the
defendant Mohan sehgal sent a letter to the plaintiff that he wishes to make a movie based
on the play. The plaintiff met the defendant and discussed the entire play. The defendant
not commits anything but the plaintiff later comes to know that the defendant released a
movie titled New Delhi. After watching the movie the plaintiff was of the opinion that is is
based on the story of his play. So he filed a suit against the defendant for permanent
injunction and damages. Both the district court and the high court ruled against the plaintiff
on finding of the facts. The case finally reached the Supreme Court.
Issues;(A) is the film mew Delhi an infringement of the play hum Hindustani.
(B) have defendant or any of them infringed the plaintiff’s copyright by producing or
distributing or exhibiting the film new Delhi.
Decision; the supreme court decided in this case that there is no match between both film
and there is no issue of copyright violation hence the supreme court set aside the case.
Conclusion; the copy right board is every essential body for the protecting the rights of
the authors. Sometimes the author creates the work and another copy that content
bonafidly in that situation he has to file case and after deciding the matter the board not
only provides justice but also provide damages from the person who infringe the right of the
author.