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S.S.

JAIN SUBODH LAW COLLEGE

Describe the Copyright registration process in India

Submission To: Submitted By:

MS. MARIYAM ISRAT BEG ASHISH SHARMA

ASST. PROF. OF LAW Roll no: - 08

VIII Semester

S.S. Jain Subodh Law College

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
CERTIFICATE

To whomsoever it may concern, This is to certify that, the dissertation titled “Describe

the Copyright registration process in India” submitted by Ashish Sharma in


fulfillment for the award of the degree of B.A.LL.B. at S.S. Jain Subodh Law College is the
project of research carried out under my guidance and supervision.

Ms. Mariyam israt beg


Asst. Prof. of Law
S.S. Jain Subodh Law College

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
AKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Ms. Mariyam
israt beg for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic “Describe the Copyright registration process in India”.

Date:
Place: Jaipur
Ashish Sharma

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
RESEARCH METHODOLOGY

Aims and Objectives:


The aim of the project is to present a detailed study of the topic Describe the

Copyright registration process in India forming a concrete informative capsule


of the same with an insight into its relevance in the Indian market.

Scope and Limitations:


In this project the researcher has tried to include different aspects pertaining to the concept of
Describe the Copyright registration process in India .

Data Collection:
The following secondary sources of data have been used in the project-
 Websites
 Books

Method of Writing and Mode of Citation:


The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Uniform method of citation throughout the course of
this research project.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
INTRODUCTION

The scope of intellectual property is expanding very fast and attempts are being

made by persons who create new creative ideas to seek protection under the

umbrella of intellectual property rights. Copyright is a kind of intellectual property the

importance of which has increased enormously in recent times due to the rapid

technological development in the field of printing, music, communication,

entertainment and computer industries. In India the first Copyright Act was passed in

1914. It was a replica of the English Copyright Act of 1911. The Act, presently in

force was legislated in the year 1957 and is known as Copyright Act, 1957, as

amended by Copyright (Amendment) Act, 1999. Consequent upon India signing the

GATT and entering the global market economy, a number of changes have been

made in the Copyright Act of 1957 by the Amending Act of 1999, to give effect to the

obligations arising from the signing of the GATT and to make Indian Law more in line

with the present law in many developed countries.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Meaning and definition of copyright

The word ‘copyright’ is derived from the expression ‘copier of words’ first used in the

context, according to Oxford Dictionary, in 1586. Word ‘copy’ according to Black’s

Law Dictionary means ‘transcript, imitation, reproduction of an original writing,

painting, instrument or the like” Copy right according to Black’s Law Dictionary is

the right in literary property as recognized and sanctioned by positive law. An

intangible incorporeal right granted to the author or originator of certain literary or

artistic production whereby he is invested for a specific period with the sole and

exclusive privilege of multiplying copies of the same and publishing and selling

them”.

Definition of Copyright

The statutory definition of copyright is as follows

Copyright means the exclusive right to do or authorize others to do certain acts in

relation to

1) Literary, dramatic and musical works;

2) Artistic works;

3) Cinematograph film and

4) Sound recordings.

The various acts for which copyright extends is listed in section 14 of the Act.
Copyright does not extend to any right beyond the scope of section 14.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Characteristics of copyright

a) Creation of a statute

Copyright is creation of a specific statute under the present law. There is no

such thing as common law copyright.

b) Form of intellectual property :

A copyright is a form of intellectual property since the product over which the

right is granted is the result of utilization and investment of intellect.

c) Monopoly right :

Copyright is a monopoly right restraining the others from exercising that right

which has been conferred on the owner of copyright under the provisions of

the Act.

d) Negative right :

Copyright is a negative right meaning thereby that it is prohibitory in nature.

It is a right to prevent others from copying or reproducing the work.

e) Multiple rights :

Copyright is not a single right. It consists of a bundle of different rights in the

same work. For instance, in case of a literary work copyright comprises the

right of reproduction in hard back and paper back editions, the right of

dramatic and cinematographic versions etc.,

f) Neighboring rights

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Copyright consists not merely of the right to reproduction. It also consists of

the right to works derived from the original works; rights like the right of public

performance, or the broadcasting rights. Such related rights are termed

“neighboring rights”.

Object of copyright

The object of copyright law is to encourage, authors, composers, artists and

designers to create original works by rewarding them with the exclusive right for a

specified period to reproduce the works for publishing and selling them to public. It

is thus the exclusive right for a limited period to exploit the work for monetary gain.

The economic exploitation is done by licensing such exclusive right to entrepreneurs

like publishers, film producers etc., for a monetary consideration. Thus, protecting,

recognizing and encouraging the labour, skill and capital of another is the object of a

copyright.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Registration of copyright

The provision as regards registration of copyright have been made under section 44
to 50a of the act and rule 16 of copy registration rules 1958. Under rule 16 of the
above roles, the following procedure has been made for registration.

 For registration, application should be made by the registrar.


 Such application should made in presented format IV.
 one application should made for one work.
 that application who apply for registration should give the information about
this to the following person:
1. information should be given to such person who claim copyright
2. enjoys certain beneficial interest in the copyright
3. who dispute the right of applicants.
 The objections to anybody about such registration are to be submitted to the
registrar within 30 days from the date of application for registration. If there
are no objections from anyone, then the registrar will enter all information in
copyright register.
 if the registrar receive any objection from anyone, then he will conduct proper
inquiry about it and all entries related to this work will be made in the register
of copyright and copy thereof will be sent to the concern party.

Register of copyright
one register will be kept at the office of the copyright which will be known as
copyright register. the following entries will be made in the register:

1. name and title of the work


2. name of author and his address
3. name of publisher and his address
4. name and address of owner of the copyright
5. other particulars

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Entries
under section 45 provision have been made for registration. According to this, the
registration for any work, the application in prescribe format with the prescribe fees
Should be submitted to the registrar of copyright. one receipt of such application,
proper inquiry will be made and if all objections, if any, are met out, the entries in the
application form will be made in the registrar of copyright.

Indexes

Some indexes of copyright register will be made in the office of registrar as may be
prescribed. Provision about indexes has been made under rule 18 of the registration
act 1958. under this, the following indexes of copyright register will be maintained at
the office of copyright.

 author wise indexes


 title wise indexes
 author wise indexes in each language
 title wise indexes in each language

Format of register and inspection

Section 47 provide for formal and inspection of register. Under this, all register and
indexes kept under this act, may be inspected form time to time. Copies form
extracts from these registers and indexes may be taken on payment of prescribed
fee.

Prima facie evidence


as per section 48, the entries made in the register of copyright have been consider
as the prima facie evidence of the fact that copyright of any person in any work
exists. The certificate signed and sealed by the registrar is considered as additional
proof of existence of copyright.

Correction in the entries


Section 49 of the act, the registrar copyright to correct any error, omission in
specified case and under specified condition:

1. to correct the entries in respect of any omission errors made while recording
the facts
2. any error made in writing name, address of the owner of copyright.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Rectification of register

When any application is made by any person who is dissatisfied with the entries
made in the copyright register, the copyright board may order for the rectification of
register.
1. by removing such entries which are wrongly made,
2. Entering such things which would not have been entered.
3. To remove error and to rectify the register.

Publication

Section 50a provide for the publication of the following in official gazette.

1. particulars about the entries made in the copyright register about any work
and
2. correction made in the register under section 49 and
3. correction made under section 50a of the act

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
Conclusion
The Principle of copyright registration in India is “What is worth copying is prima

facie worth protecting”. In the rapidly changing technological environment, copyright

protection is being extended to many areas of creative work particularly in the

computer industry. This has found recognition in the 1994 Amendment Act.

Computer software piracy and video piracy is a worldwide phenomenon. To act as a

deterrent against such piracy, the provisions relating to protection of computers

software have been tightened by substantially enhancing the punishment for

infringement of software and increasing the scope of such infringement. Further

certain special rights have been introduced for the first time for the benefit of

performers like musicians, actors, acrobats, jugglers, snake charmers and so on.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR
BIBLIOGRAPHY

1. Narayanan.P,
Intellectual Property Law,

Eastern Law House,

Third Edition,2007.

2. Priyaranjan Trivedi,
Encyclopaedia of IPR,

Volume III.

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S.S. JAIN SUBODH LAW COLLEGE, JAIPUR

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