Professional Documents
Culture Documents
VIII Semester
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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
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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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RESEARCH METHODOLOGY
Data Collection:
The following secondary sources of data have been used in the project-
Websites
Books
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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
importance of which has increased enormously in recent times due to the rapid
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
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Meaning and definition of copyright
The word ‘copyright’ is derived from the expression ‘copier of words’ first used in the
painting, instrument or the like” Copy right according to Black’s Law Dictionary is
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
relation to
2) Artistic works;
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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Characteristics of copyright
a) Creation of a statute
A copyright is a form of intellectual property since the product over which the
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 :
e) Multiple rights :
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
f) Neighboring rights
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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
“neighboring rights”.
Object of copyright
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.
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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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.
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:
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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.
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.
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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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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Conclusion
The Principle of copyright registration in India is “What is worth copying is prima
computer industry. This has found recognition in the 1994 Amendment Act.
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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BIBLIOGRAPHY
1. Narayanan.P,
Intellectual Property Law,
Third Edition,2007.
2. Priyaranjan Trivedi,
Encyclopaedia of IPR,
Volume III.
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