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Copyright Act, 1957 Chapter X - Bare Act

StateCentral Government
Year
Section TitleRegistration of Copyright
Act Info:

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 or works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.


Section 45 - Entries in register of Copyrights

(1) The author orpublisher 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 theprescribed fee to the Registrar of Copyrights for entering particulars of thework in the Register of Copyrights:

1 [Provided that in respect of an artistic work which is used or is capable ofbeing used in relation to any goods, the application shall include a statementto that effect and shall be accompanied by a certificate from the Registrar ofTrade Marks referred to in section 4 of the Trade and Merchandise Marks Act,1958 (43 of 1958), to the effect that no trade mark identical with ordeceptively similar to such artistic work has been registered under that Act inthe name of, or that no application has been made under that Act for suchregistration by, any person other than the applicant.]

(2) On receipt of anapplication in respect of any work under sub-section (1) the Registrar ofCopyrights may, after holding such inquiry as he may deem fit, enter theparticulars of the work in the Register of Copyrights.

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1.Added byAct 23 of 1983, section 16 w.e.f. 9-8-1984.


Section 46 - Indexes

There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed.


Section 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.


Section 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.


Section 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--

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.


Section 50 - Rectification of Register by Copyright Board

The Copyright Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Registers of Copyrights by--

(a) the making of any entry wrongly omitted to 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.


Section 50A - Entries in the Register of Copyrights, etc., to be published

1 [50A. Entriesin the Register of Copyrights, etc., to be published.-

Every entry made in theRegister 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 everyrectification ordered under section 50 shall be published by the Registrar ofCopyrights in the Official Gazette or in such other manner as he may deem fit.]

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1. Inserted by Act 23 of 1983, section 17 w.e.f. 9-8-1984.





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