69.
Form of Register of Copyrights.—(1) The
Register of Copyrights shall be kept in 1[physical or electronic] form in six
parts, namely :—
Part I
- Literary works other than
computer programmes, tables and compilations including computer data bases and dramatic
works.
Part II - Musical works
Part III - Artistic
works
Part IV - Cinematograph
films
Part V - Sound recordings
Part VI - Computer
programmes 2[***]
(2) The Register of
Copyrights shall contain the particulars specified in Form-XIII.
70.
Application for Registration of Copyright.— (1)
Every application for registration of copyright shall be made in Form-XIV and
every application for registration of changes in the particulars of copyright
entered in the Register of Copyright shall be made in Form-XV.
(2)
Every such application shall be in respect of one work only, and shall be
accompanied by the fee specified in the Second Schedule in this behalf.
(3)
Every application should be signed only by the applicant, who may be an author
or owner of right. If the application is submitted by the owner of copyright,
it shall be enclosed with an original copy of no objection certificate issued
by the author in his favour.
(4)
Every application for registration of an unpublished work shall be accompanied
by two copies of the work.
(5)
Every application for registration of a computer programme shall be accompanied
by the 3[at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions].
(6)
Every application for registration in respect of an artistic work which is used
or is capable of being used 4[in
relation to any goods or services], such application shall include a statement
to that effect and shall be accompanied by a certificate from the Registrar of
Trade Marks referred to in section 3 of the Trade Marks Act, 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.
(7)
Every application for registration in respect of an artistic work which is
capable of being registered as a design under the Designs Act, 2000, such
application shall be accompanied by a statement in the form of an affidavit
containing the following, namely:-
(a) it has not been
registered under the Designs Act, 2000; and
(b) it has not been
applied to an article through industrial process and reproduced more than fifty
times.
(8)
Every such application can be filed in the Copyright Office by person or by
post or by online filing facility as provided on the website of the Copyright
Office.
(9)
The person applying for registration shall give notice of his application to
every person who claims or has any interest in the subject-matter of the
copyright or disputes the rights of the applicant to it.
(10)
If no objection to such registration is received by the Registrar of Copyrights
within thirty days of the receipt of the application, the Registrar of
Copyrights shall, if satisfied about the correctness of the particulars given
in the application, enter such particulars in the Register of Copyrights.
(11)
If the Registrar of Copyrights receives any objections for such registration
within the time specified in 5[sub-rule
(10)], or, if he or she is not satisfied about the correctness of the
particulars given in the application, he or she may, after holding such inquiry
as he or she deems fit, enter such particulars of the work in the Register of
Copyrights as he or she considers necessary.
(12)
The Registrar of Copyrights shall give an opportunity of hearing before rejecting
the any application filed for registration of any work.
(13)
The process of registration is deemed to be completed only when a copy of the
entries made in the Register of Copyrights is signed and issued by Registrar of
Copyrights or by Deputy Registrar of Copyrights, to whom such authority is
delegated.
(14) The Registrar of
Copyrights shall, as soon as may be, send, wherever practicable, a copy of the
entries made in the Register of Copyrights to the parties concerned.
71.
Correction and rectification of entries in the Register of Copyrights. — (1) The Registrar of Copyrights may, either suo motu or on application of any interested person, amend, or
alter the Register of Copyrights for the entries specified in section 49, after
giving, wherever practicable, to the person affected by such amendment or
alteration, an opportunity to show cause against such amendment or alteration,
and communicate to such person the amendment or alteration so made.
(2) The Registrar of
Copyrights shall rectify the entries made in the Register of Copyrights after
an order is being passed by the Board on an application made by the Registrar
of Copyrights in this behalf under section 50.
72.
Indexes. —(1) There shall be
kept at the Copyright Office the following indexes 6[in physical or electronic] form for each part of the Register of Copyrights, namely:—
(i)
a general Author
Index;
(ii)
a general Title Index;
(iii) an Author Index of works in each language; and
(iv) a Title Index of works in each language.
7[***]