Chapter 1

Law of Copyright
Introduction
Every journalist _ubscribes to newspapcrs, iagzines, journals and even
write books. We can say that the journalist is a literary worker. The literary work
is a work which is expressed in print or writing irrespective of the question
whether he quality or style is high. The literary work consists of matter or
material or subject which is expressed in a language and is writter down. Both
the subjcct matter and the languageare important.
Toprotect the right of an author copyright is provided to prohibit others
from copying or reproduce the work. The object of copyright is to encourage
authors to create original works by rewarding them with the exciusive right for
a specific period to reproduce the works for publishing and selling to public.
The statutory meaning of copyright is the exchusive fight to do or authorise
others to do certain acts in relationto literary, dramatic or musical works; artistic
works; cinematograph film; and sound recording. Trespassing the above right is
considered as infringeinent of the right of the author and bè punished. Hence
every writer especially journalist must be well versed with copyright law.
Today the law of copyright is of interest notonly to those who deal with
literary, dramatic or musical works, but also artists, dress designers, architects,
publishers, persons concerned with cinematograph film and recording and
broadcasting authorities, and printing, publishing and entertainment industries.
In the rapidly changing technological environment, copyright protection is being
extended to many areas of creative work particularly computer industry, relating
to computer software and databases. Further certain copyrights have been
introduced for the first time for the benefit of performers like musiciahs, actors,
acrobats, jugglers, snake charmers and so on. The law does not permit one to
appropriate to himself what has been produced by the labour, skill and capital of
others. This is the very foundation of copyright. Copyightsubsists only in original
work. Copyright law is concerned with the negative right of preventingcopyright
of physical material existing in the field of literature and the arts. The object of
the copyright is to protect the writer or the creator of the original work rom the
unauthorised reproduction orexploitation of his material. Copyright is a multiple
right consisting of a bundle of different rights.
The journalist must know thoroughly about the law of copyright as he is
related to literary work. Copyright is a unique kind of intellectual property the
importance of which is increasing day by day. It does not fall in the category of
industrial property. The basic areas that are covered under the copyright protection
are in the field of printing, music, communication, entertainment and computer
industries. In fact, copyright was the first intellectual property which received
legal recognition in the world. Infringement of copyright is an offence punishable
with imprisonment and fine.
 Media Law
(U-lI,Ch.11
264

international character of copyright various countries have

Owing to the copyright ownedbyits nationals
joined to formconventions for the protection ofthe UniversalConvention are the
and
in other countries. The Berne Convention countries of the world are members of
result of such joint effort. Most of the
member of both these conventions.
one at least of these conventicns. India is a (TRIPS) Agreement
The Trade Related Aspects of Intellectual Property Rights
of the W.T.0. alsodeals with copyright:.
Copyright Act, 1957as
The law of copyright in India is contained in thein 1994 and 1999 to give
amended subsequently from time totime- especially TRIPS Agreement and
cffect to the obligations arising from the signing of the
with thc present law in
WIOAgreement and to make Indian law more in line
many devcloped countries.
The Copyright Act, 1957 (Act No. 14 of 1957)
Works having Copyright [Sec. 13(1)1
The Copyright Act extends to the whole of India.
The Copyright Act specifies the following worksonly as the works in which
a person can have copyright:
1) original literary, dramatic, musical and artistic works;
cinematograph films; and
ii) sound recording.
Meaning of Copyright (Sec. 14)
.Copyright means the exclusive right to do or authoris the doing of any of
the following acts in respect of a work.
(a) in the case ofa literary, dramatic or musical work, not being a
Computer programme:
() to reproduce the work in any material form including the storing
of it in any medium by electronic means;
(i) to issue copies of the work to the public not being copies already
in circulation;
(iüi) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect
of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work,
any of the acts specified in relation to the work in sub-clauses
(i) to (vi);
(b) in the case of a computer programme:
(i) to do any of the acts specified in clause (a):

88
h.11 u-il, Ch.11] Law of Copyright
265

have (1) to sell or give on coimercial rental or offer for

sale or for
Qnals commercial rental any copy of the computer programine:
thel Provided that such commercial rental does not apply in respect
S of not the
ns. OTcomputer progranmes wherc theprogramme itself is
ent
essential object of the rental;
(c) in the case of an artistic work:
as
i) to reproduce the work in any material form including:
ve a) the storing of it in any medium by clectronicor other means;
d
in
b) depiction in three-dimensions of a two-dimcntional work;
Or
three-dimensional work.
C) depiction in two-dimensions of a
(ü) to communjcate the work to the public;
(m) to issue copies of the work to the public not being copies aready
in circulation;
(iv) to include the work in any cinematograph film;
(v) to máke. any adäptation of the work;
(Vi) to o /n relation to an adaptation of the, work any of the acts
specified in relation to the work in sub-clauses (i) to (iv);
(d) in the case of a cinematograph film:
to make.a copy of the film, including:
a) a photograph of any image forming part thereof, or
means;
b) storing of it in any medium by electronic or other
or for such
i) to sell or give on comnercial rental or offer for sale
rental, any copy of the film.
(ii) to comimunicate the film to the public;
(e) in the case of a sound recording:
(i) to make any other sound recording embodying it including storing
of it in any medium by electronic or other means;
such
ii) to sell' or give on commercial rental or offer for sale or for
rental, any copy of the sound recording;
(üi) to communicate the sound recording to the public.
Explanation: For the purposes of this section, a copy which has been sold
once shall be deemed to be a copy already in ciHculation.
Ownership of Copyright (Sec. 17-19)
Theauthor is the first owner of copyright. He only has the right to produce,
work to
publish, adapt, translate etc. his work, perform and communicate his
the public. Hence he has the right to prevent everybody else to do any of those
things. He has accordingly aspecial right to assign all and any of his rights either
89
73
 266 Media Law [U-, Ch.11
licence to do any
tully or for t limited period or toone or more persons and also
Scitic acts out of the many of his rights.
Term of Copyright (Secs. 22-29)
author
The period for which the copyright subsists is the life time of he of
Plus sixty ycars from the oalendar year in which the author dics: In the case
photographs and films and rccords, the tern of sixty ycars shallbe calculated
from the beginning of the calendar year in which they are published. Where
there are joint authors, the term of sixty years commences from thc beginning
of the calendar year in which the last of tbemdies. When the author is anonymous
the sixty years shall bc calculated from the ycar of the first publication.
In the case of posthumous publication, the sixty years period shall be
counted from the beginning of the calendar year next to the year of such
publication. The term of the copyright for the Governinent, Public Undertakings
and International Organisation is sixty years calculated from the commencement
of the year next to the year during which the work is first published.
Licences (Secs. 30-32)
A licence is an authorisation to- do certain acts which, without such
authorisation, would be an infringemnt. The owner of a copyright may grant a
licence to do any of the acts in respect of which he has an exclusive right to do.
The Copyright Board is
the following circumstances onempowered
to grant compulsory licences under
work.
suitable terms and conditions in respect of any
the work must have been published or
i) the author must have refused to performed in public;
the work or must have refused to republish
or allow republication of
allow the performance of the work
in public;
ii that by reason of
such refusal the work is withheld from
iv) the author must have refused to public; or
allow
of such work by broadcast, or in the communjcation to the public
work recorded in such record, on
case ofa sound recording the
reasonable terms.
The purpose for which Copyright Board
1. to publish any work already
grants compulsory licences are:
the author. published but is withheld from the public by
2. to publish an
the author of which isunpublished work or a
dead or unknown or translation thereof into any language,
copyright cannot be found. cannot be traced or the owner of its
3. to publish a translation into
work which was first published overany language of aliterary, dramatic or artistic
is published and if any seven years ago and of which no
translation is published, it has gone out translation
4. topublish translation into of print.
any Indian languages, of a
dramatic work for purposes teaching, scholarship and research
of foreign literary and
where such
90 73
 267
U-II, Ch.11] Law of Copyright
foreign publication was first published over three years ago and no translation
of which is published or if any translation is published it has gone out ol print
D.to publish translation into a language not in general use in any developed
country, of a foreign literary and dramatic work for purposes of teaching
scholarship and research,where such forcign publication was first published over
a year ago and no translation of which is published or if such translation is
published, it has gone out of print.
0. to publish reproductionof litcrary,scientific and artistic works not available
in lndia but are required in connection with systematic instructional activities at
a price reasonably related to the ratcs charged in India of similar work.
Administrative Authorities of Copyright (Secs. 9-12)
The administrative authorities established for administering the Copyright
Act are the Registrar of Copyright and the Copyright Board. The Registrar
attends to the.registration of copyright and maintains a Register of Copyrights.
Copyright Board is aquasi judiciaB authority. The functions of the Copyright Boatd
COvers:
settlement of disputes arising out of assignment of copyright;
grant of compulsory licence and licences related to certain categories
of works for sòme specified purposes;
problems and obligations arising out of performing rights societies
and other persons relating to fees.
iv) disputes about rectification of the copyright register at the instance
of the Registrar or at the instance of any other person aggrieved in
this regard.
An appeal lies against the final orders of the Registrar of Copyright to the
Copyright Board.
Copyright Society (Secs. 33-36A)
Copyright society is a society formed by the owners of the copyright and
those interestedin the.subject matter of the copyright. The objects of the society
are to protect and promote the interests of the owners of the copyright and those
who use the copyrighted work. The Central Government may register such
association of persons as a copyright society. The Central Government shall not
ordinarily register more than one copyright society to do business in respect of
the same class of work.
The Copyright Act prohibits any person or society todeal in the copyright
such as granting of licences and permission etc. unless such society is registered
under the Act. The functionof the society shall be to act on behalf of the members
who are the owner of the copyright to licence the copyrighted works and grant
permission for their performances, collect the fees from the users of copyrighted
works and pay over the same to the owners of the copyright. The society is
entitled to initiate infringement proceedings. The society has aright to negotiate

7f91
 268 Media Law (U-1, Ch.11

copyrighted works with foreign

and settle tenns as regards thc management of
society having similar objectives.
Remedies against iníringement
The remedies available against infringement arc
civil, criminal and
Qdministrative. Civil remedics arc suit for injunctionand suit for damages. The
proceedings,
owher of copyright and also anyother pcrson can initiate criminal
by tiling a complaint before the competent First Class Magistrate.
Offences and Penalties (Secs. 51-70)
Every intringement of copyright and every infringemeit of any other right
conferred by the copyright Act is punishable as below:
whoever knowingly infringes or abets infringernent of copyright is
punishable with minimum imprisonment of six months which may
extend to 2 years and minimum fine ofRs. 50,000/-which may.extend
. to Rs. 2,00,000/-.
where the infringement has not been made for gain in the course of
trade or business the punishment awarded may be less than 6 months
and the fine imposed may be less than Rs. 50,000/-,
for the second and subsequent offence the punishment is minimum
imprisonment of one year which may extend upto 3years. Minimum
fine of Rs. 10,000/- which may extend upto Rs. 2,00,000.
2.i) whoever knowingly makes use of on a computer a copy of the
computer programme is punisbable with minimum imprisonmént of 7days which
may extend upto 3 years ánd minimum fine of Rs. 50,000/: which may extend
upto Rs.2,00,000/-.
i1)when a computer programme isnot used for gain in thecourse of trade
or business the punishment is not imprisonment but a fine- upto Rs. 50,000/-.
3. whoever makes or causes making of false entries in the register of
copyright or makes a writing purporting to be entered in such register which is
false or produces or tenders such writing as evidence is punishable with
imprisonment which may extend to one year or fine or both.
4. whoever deceives any authority under the Copyright Act or does
to influence such authority is punishable with anything
or both. imprisonment one year or fine
of
5. whoever publishes sound records and films without
the particulars required to be recorded under the Act isimprinting on them
punishable with
imprisonment which may extend upto three years and sha<l also be punished
with fine.
Where the offender is a company, evefy perSon in
management of the
company and responsible to its affairs is deemed to be guilty of
he proves that the offence is committed without his thë offence unless
knowledge.

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U-I, Ch.11] Law of Copyright
Certain acts not to be infringement of Copyright (Sec. 52)
The following acts do not amount to infringements.
(a) a fair dealing with any work, not being acomputer programme, ror
the purposes of:
(1) private or personaB use, including research;
(1) criticism or review, whether of that work or of any other work;
(m) the reporting of current events and current affairs, inchuding the
reporting of a lecture delivered inpublic.
Explanation: The storing of any work in any electronic medium for the
purposes mentioned in this clause, including the incidntal storage of any computer
programme which is not itself an infringing copy for the said purposes, shall not
constitute infringement of copyright.
(aa) the making of copies or adaptation of a computer programme by the
programme, from such
làwtul possessor of a copy of such computer
copy:
() in order to utilise the computer programme for the. purpose.for
which it was supplied; or
(i) to make back-up copies purely as a temporary protection against
loss, destruction or damage in order only, to utilise.the.computer
programm for the purpose for which it was supplied;
essential for
(ab) the doing of any act necessary to obtain in formation,
operating inter-operability of an independently created computer
programme with other programmes by a lawful possessor of a
otherwise
Computer programme provided that such information is not
readily available;
(ac) the observation, study or test of functioning of the computer
programme in order to determine the ideas añnd principles which
underline any elements of the programmne while performing such acts
necessary for the functions for which the computer programme was
supplied;
(ad) the making of copies or adaptation ofthe computer programme from
a personally legally obtained copy for non-commercial personal use;
(b) the transient or incidental storage of a work or performance purely
in the technical process of electronic transmission or communication
to the public;
(c) transient or incidental storage of a work or performance for the
purpose of providing electronic links, access or integration, where
such links, access or integration has not been expressly prohibited
by the right holder, unless the person responsible is aware- or has
reasonable grounds for believing that such storage is of an infringing
copy:

93
 [U-II,Ch.11
270 Media Law
copPy
Provided that if the porson responsible for the storáge of the
has received a written complaint from the owner of copyrignu mu
is an
work, complaining that such transient or incidental storage
lMiringement, such person responsible for the storage shall reltai
from facilitating such acce[s for-a period of twenty-one days or en
rom
he receives an order fromn the ompetent court refraining
received before the
Lacimtatng access and in case no such order is
expiry of such periodof twenty-one days, he may continue to provide
the facility of such access;
(d) the reproduction of any work for the purpose of ajudicial proceeding
or for the purpose of a report of a judicial proceedingi
(e) the reproduction or publication of any work prepared by the.
Secretariat of a Legislature or, where the Legislature consists Or two
Houses, by the Secrtariat of either House- of the. Legislatsre,:
exclusively for the use of the members of that Legislature;";
() the reproduction of any work in a certified copy made or supplied in
accordance with any law for the time being in force;
(g) the réading or recitation in public of reasonable extracts from a
published literacy or dramatic work;
(h) the publication in a collection, mainly composed of non-copyright
matter, bona fide intended for instructional use, and so described in
the title and in any advertisement issued by or on behalf of the
publisher, of short passages from published literary or dramatic works,
not themselves published for such úse in which copyright subsists:
Provided that not more than two such passages from works by the same
author are published by the same publisher during any period of five years.
Explanation: In the case of a work of joint authorship, references in this
clause to passages from works shall include references to passages from works
by any one or more of the authors of those passages or by any one or mnore of
those authors in collaboration with any otherperson;
() the reproducion of any work:
() by a teacher ora pupil in the course of instruction; or.
(1) as part of the questions to be answered in an exanination; or
(1) in answers to such questions;
() the performance, in the course of the activities of an educational
institution, of a literary, dramatic or musical work by the staff and
students of the institution, or of a cinematograph film or a sound
recording if the audience. is limited tu such staff and students, the
parents and guardians of the students and persons connected with
the activities of the institution or the communication to such an
audience of a cinematograph film or soundrecording;
 271
U-H, Ch.11] Law of Copyright
(k) the causing of arecording to be heard in public by utilising it:
common use of
() in an enclosed room or hall meat for the simihr
residents inany residential premises (not being a hotel or
provided
COMmercial establishment) as part of the amenities
exclusively or majnly for resicdents thercin; or
organisation which is
(1) as part of the activities of a club or similar 7
not cstablished or conducted for profit;
by an amateur
(): the perfomance of aliterary, dramatic or musical work audience,
club or society, if the performance is, given to a non-paying
OF fOF the benefit of a religious institution;.
magazine or other periodical of an
(m) the reproduction in a newspaper, social or religious topics, unless
article on current economic, political, reserved to himself the right
the author of such article has expressly I

of such reproduction;,
médium by electronic means by a non
(n) the stcring of a work in any preservation if the library already
commerciaB püblic library, for
possesses a non-digital copy.of the. work;
the making of not more than three copies of a book (including a
(o)
chart or plan) by or under the direction
pamphBet, sheet of music, map,non-comnercial
charge of a public library for the
of the person in
not available for sale in India;
use of the libraryifsuch book is 6

reproduction, for the purpose of research or private study or with

(p) the 'unpublished literary; dramatic or musical
aview to publication, of an or other institution to which the public
work kept in a library, museum
has access:
author of any such work or, in the
Provided that where the identity of the authors is known to the library,
any of the
case of a work of joint authorship, ofcase may be, the provisions of this clause
museumn or other institution, as the
made at a time more than sixty years
shall apply only if such reproduction-is or, in the case of a work of joint
authorship,
from the date of the death of the author
identity is known o, if the identitywho of more
from the death of the author whose
the death of such of those authors dies
authors than one is known from
last;
publication of:
. (q) the reproduction or
qns

matter which has been published in any Official Gazette

(i) any
except an Act of a Legislature; S3
any Act of a Legislature subject to the condition that such Act
(i) together with any commentary exg
is reproduçed or published
thereon oF any, other original matter;
commission, council, board or other
(ii) the report of anyçommittee,Government if such report has been
like body appointed by the

8495
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272 Media Law
reproduction of
laidon the Table of the Legislature, unless theGovernment;
publication of such report is prohibiled by the
other judicial
(IV) any judgment or order of a court, tribunal or
of suchjudgment
athority, unless the reproduction or publication or judicial
or order is prohibited by the court, the tribunal other
authority, as the case thay be;
() thc production or publication of a translation in any Indian language
thereunder:
Of an Actof aLegislaturc and of any rules or orders made
() if no tYanslation of such Act or rules or orders in that language
has previously been produced or published bythe Government;
language
() where a translation of such Act or rules or orders in that if the
Government,
nas been produced or published by the
translation is not available för sale to the public :
Provided that such translation contains a statement at a prominent place
to the effect that the translation has not been authorised or accepted as autnenuo
by the Government;
(s) the making or publishing of a painting, drawing, engraving Or
photograph of a work of architecture or the display of a work of
architecture;
(t) the making or publishing of a painting, drawing, engraving or
photograph of sculptùre, or other artistic work falling under sub-clause
(ii) of clause (c) of Section 2, if such work is permanently situate in
a public place or any premises towhich the public has access;
(u) the inclusion in a cinematograph film of:
() any artistic work permanently situate in a public place or any
premises to which the public has access; or
() any other artistic work, jf such inclusion is only by way of
background or is otherwise incidental to the principal matters
represented in the film;
(v) the use by the author of an artistic work, where the author of such
work is not the owner of the copyright therein, of any mould, cast,
sketch, plan, model or study made by him for the purpose of the work:
Provided that he does not thereby repeat or imitate the main design of the
work;
(w) the making of a three-dinensional object from a
artistic work, such as a technical drawing, for two-dimensional
the purposes of
industrial application of any purely functional part of a useful device;
(x) the reconstruction of a building or structure in
accordance with the
architectural drawings or plans by reference to which the building
or structure was originally constructed:

96
 273
U-, Ch.11] Law of Copyright
Provided that the original construction was made with thc conscnt oF licence
of the owner of the copyright in such drawings and plans,
(y) in relation to aliterary, dramatic, artistic or musical work recorded
such film
Qr reprodiuced in any cincmatograph-film, the exhibition of
after the expiration of the term of copyright thercin :
Provided that the provisions of sub-clause (iü) of chause (i), sub-clause (i)
of clause (b) and clauses (d), (), (g), (m) and (p) shallnot apply as respects any
act unless that act is accompanied by an acknowledgement:
() identifying the work by its title or other description; and
()unless the work is anonymous or.the.author.ofthe.work has
previously agreed or required that no acknowledgement of his
name should be made, also identifying the author;
by abroadcasting organisation
(2) the making of an ephemeral recording, broadcast
using its own facilities for its own by a broadcasting
organisation of a work which it has the right tó bròadcast; and the
retention of such recording for archival purposes on the ground of
its exceptional documentary character;
the performance of a literary, dramatic or-musica! work or the
(za) communication to the public of such work or of a sound recording in
official
the couESe of any bona fide religious ceremony or an
Government
ceremony held by the Central Government or the State
or any local authority.
Explanation: For the purpose of this clause, religious ceremony including
marriage.
amarriage procession and other social festivities associated with a
(zb) the adaptation, reproduçtion, issue of copies or communication to the
public of any work in any accessible format, by:
works
)) any person to facilitate persons with disability to access to
including sharing with any person with disability of such
accessible format for private or personal use, educational
purpose ôr research; or
(ii) any organisation working for the benefit of the persons with
disabilities in case the normal format prevents the enjoyment of
such works by such persons:
Provided that the copies of the works in such accessible format are made
available to the perSons with disabilities on a non-profit basis but to recover ony
the cöstof prodütion: yd rlt s
Povided iher th¥t the organisation shallensure that the copies of works
insuch áccessible'format are used only by persons with disabilities and takes
reasonable steps to prevent its entry into ordinary channels of business.
Explanatior: For the purposes of this sub-clause, "any organisation"
inclhi ähd'öranisation Teisteredinder section 12A of the Income-tax Act,

86 97
 274 [U-l, Ch.11
Media Law

1961 (43of 196) and working for the benefit of persons with disabily o
recognisedunder Chapter Xof thePersons with Disabilities (Equal Opportunines,
Proteetion or Rights and full Pariciation) Act, 1995 (| of 1996) or receiving
Tants tOm the governmcnt for facilitating access to persons with disab1liues O
an cducalIONalinstitution or library or archives recogniscd by the Governiment .
(2¢) the importation of copies of any litcrary or artistic work, such as labeS,
company logos or promotionalor cxplanatory material, that is purely
incidental to other goods or products being imported lawfully.
any act in.
(2) The provisions of sub-section (1) shall apply to the doing ofadaptation
relaion to the translation ofa literary. dramatic or musical work or the to tne
relation
ot aliterary, dramatic, musical or artistic work as they apply in
work itself.
(Secs. 37-39)
Rights of Broadcasting Organisation and of Performers
Broadcast Reproduction Right.
right known as "broadcast
Every Broadcasting Organisation has a special subsists until 25 years from
reproduction right' in respèct ofits broadcasts, which
following the year in which the broadcast
the beginning of the calendar year next,
is made.
reproductioright in relation to any
D°ing the subsistence of a broadcast acts of-the broadcast or any
following
broadcast, no person çan do any of the owner of such right.
substantial part of it, without the licence.of the
i) re-broadcasting of the broadcast; or
causing the broadcast to be heard or seen by the public on payment
n
of any charges; or or
broadcast;
making any sound recording or visual recording of the
ii) visualrecording,
iv) making any reproduction ofsuch sound recording or
licence; or
where the sane was done without any
selling or hiring to the public, or offering to do it, any sound recording
v)
or visual recording. owner,
the
above acts without the licence of
If any person does any of the broadcast reproduction right.
it would amount to infringement of
Performer's Rights
performer appears or engages in any performance, he will be
Where anyy
special right known as the 'performer's rightin relation-to such
entitled to a from the beginning of thercalendar
performance, which subsists for 25 years performançe is made. During the
which the
year next, foBlowing the year in relation to any pertormance, no person
continuance of a performer's right inconsent tof the P 6inrespect
3 hofe t
cando the following acts without the
performance:
making a sound recording or visual recording of the performance;
i)
or

98
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U-lI, Ch.11] Law of Copyright
reproduction thereof; or
broadcasting the performance; or
iv) communicating the performance to the public.
The pertormer's right will not be decimcd to bc infringed if its use is made
for pivate use; bona fid tèaching orrescarch, or for reporting of current events
etc. The above restrictions are not applicable once a performer has Consented
to the incorporation of his performance in a cinematograph film.
InternationalCopyright (Secs. 40-43)
The Central Government may extend copyright protection to foreign works
and works of certain international organisations respectively. The Gövenment
of India has the power to extend the benefit of all or any of the provisions of the
Act to works first published in any foreign country when such benefit is also
accorded to an Indian work in that country.The term of copyright toaforeign
work would be the period for whichit is protected in the country of origin and
not the term of copyright protection as is available to an Indian work under the
Act. The Central GoverDment is empowered to restrict the rights in the works
of foreign authors firSt published in India.
Application for Registration of Copyright (Secs. 44-50)
Registration of Copyright is not mandatory for purposes of claiming any
reliefs provided under the Act. Nor the Act created, any disabilities for authors
if they do not get their copyright registered. However, it is useful if the authors
get their copyright registered.
There shall be kept at the Copyright Office a register in the prescribed
form to be called the Register of Copyrights in which may be entered the names
or titles of works and the names and addresses of authors, publishers and owners
of copyright and such other particulars as may be prescribed.
Wherever any amendments are réquired to be made in the Register of
Copyrights, the Registrar will carry out such amendments as are necessary and
consequent on change of circumstançes or otherwise. The Registrar will also
effect correction of error. But it is only the Copyright Board which has
jurisdiction to rectify any entry which should not have been made or delete any
entry wrongly made in the Register of Copyrights.
The Register ofCopyrights shall be prina façieevidence of the particulars
entered therein and documents purporting to be copies of any entries therein, or
extracts therefrom certified by the Registrar of Copyrights and sealed shall be
admissible inevidence inall Courts without further proof or production of the
original.

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