Chapter X
REGISTRATION OF COPYRIGHT
44. Register of Copyrights.
44. Register of Copyrights.—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.
45. Entries in Register of Copyrights.
45. Entries in Register of Copyrights.—(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights:
[i][Provided that in respect of an artistic work which is used or is capable of being used in [ii][relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in [iii][Section 3 of the Trade Marks Act, 1999 (47 of 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.]
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
46. Indexes.
46. Indexes.—There shall be also kept at the Copyright Office such indexes of the Register of Copyrights, as may be prescribed.
47. Form and inspection of register.
47. Form and inspection of register.—The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.
48. Register of Copyrights to be prima facie evidence of particulars entered therein.
48. Register of Copyrights to be prima facie evidence of particulars entered therein.—The Register of Copyrights shall be prima facie evidence 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 with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.
49. Correction of entries in the Register of Copyrights.
49. Correction of entries in the Register of Copyrights.—The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by—
(a) correcting any error in any name, address or particulars; or
(b) correcting any other error which may have arisen therein by accidental slip or omission.
50. Rectification of Register by Appellate Board.
50. Rectification of Register by [iv][Appellate Board].—The [v][Appellate Board], on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by—
(a) the making of any entry wrongly omitted to be made in the register, or
(b) the expunging of any entry wrongly made in, or remaining on, the register, or
(c) the correction of any error or defect in the register.
50-A. Entries in the Register of Copyrights, etc., to be published.
[vi][50-A. Entries in the Register of Copyrights, etc., to be published.—Every entry made in the Register of Copyrights or the particulars of any work entered under Section 45, the correction of every entry made in such register under Section 49, and every rectification ordered under Section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.]
References
[i] Added by Act, 23 of 1983, S. 16 (w.e.f. 9-8-1984).
[ii] Substituted for “relation to any goods” by Act, 27 of 2012, S. 31(i) (w.e.f. 21-6-2012).
[iii] Substituted for “Section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)” by Act, 27 of 2012, S. 31(ii) (w.e.f. 21-6-2012).
[iv] Substituted for “Copyright Board” by Act, 7 of 2017, S. 160(a) (w.e.f. 26-5-2017).
[v] Substituted for “Copyright Board” by Act, 7 of 2017, S. 160(a) (w.e.f. 26-5-2017).
[vi] Inserted by Act, 23 of 1983, S. 17 (w.e.f. 9-8-1984).
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