Regulatory authority under Copyright Act

S .S Jain Subodh Law College

“Regulatory authority under Copyright Act”

SUBMITTED TO: SUBMITTED BY:

Ms. Kavita Sharma Suryaveer Singh Rathore

FACULTY OF : ROLL NO. :-6

IPR 9 SEMESTER

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 Regulatory authority under Copyright Act

TABLE OF CONTENTS

[Link]
Declaration 3
Acknowledgement 4
Certificate 5
Research methodology 6
 Aim
 Objective
 Scope and limitation
 Source of data collection
 Method Of Writing
 Mode Of Citation
 Research design
Case Laws 7
Introduction 8
Main Body:

Conclusion 14
Bibliography 15

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 Regulatory authority under Copyright Act

DECLARATION

I, Suryaveer Singh Rathore , do hereby declare that, this dissertation titled “Regulatory
authority under Copyright Act” is an outcome of the research conducted by me under
the guidance of Ms. Kavita Sharma (asst. prof. of law) at S.S. Jain Subodh Law college in
fulfillment for the award of the degree of B.A. LLB at the university of Rajasthan.
I also declare that, this work is original, except where assistance from other sources has
been taken and necessary acknowledgement for the same have been made at
appropriate places. I further declare that, this work has not been submitted either in

whole or in part, for any degree or equivalent in any other institution.

DATE: 10.10.2017

PLACE: S. S. Jain Subodh College

Suryaveer singh rathore

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 Regulatory authority under Copyright Act

ACKNOWLEDGEMENT

I acknowledge with profundity, my obligation to almighty god and parents for giving me
the grace to accomplish my work, without which this project would not have been

possible.

I express my heartfelt gratitude to my respectful faculty, Ms. Kavita Sharma for providing

me with valuable suggestions to complete this dissertation.

I am especially grateful to all my faculty members of SS Jain Subodh Law College who

have helped me imbibe the basic research and writing skills.

Lastly, I take upon myself, the drawback and limitations of this study, if any.

DATE: 10 OCT 2017

PLACE: S.S. Jain Subodh College

Suryaveer singh rathore

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 Regulatory authority under Copyright Act

CERTIFICATE

This is to certify that the dissertation titled “Regulatory authority under Copyright Act”
submitted by Suryaveer singh rathore in fulfillment for the award of the degree of B.A.
LL.B. at S.S. Jain Subodh Law College is the product of research carried out under my
guidance and supervision.

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 Regulatory authority under Copyright Act

RESEARCH METHODOLOGY

AIMS : The project is an endeavor to accomplish a detailed study of the intension. The
aim of the project is to present a detailed study of “Regulatory authority under Copyright
Act” Through decisions statutes, amendments, suggestions, and different writings and
articles.
OBJECTIVE : It intended to define and amend the existing laws and not to introduce any
new principle. It applies only to voluntary transfers. It provides a clear, systematic and
uniform law for the transfer of immovable property.

SCOPE AND LIMITATIONS: Through this is an immense project and pages can be written
over the topic but because of certain restrictions and limitations I was not be able to deal
with the topic in detail.

SOURCES OF RESEARCH: The researcher has followed the non doctrinal method for
research design. The research is based on both primary and secondary sources. Books
from the College library have been used Computer from the computer laboratory of the
college has been used for the purpose of secondary research and is the main source of

project

Method of writing: The method of writing followed in the course of this research paper is

primarily analytical.

Mode of citation: The researcher has followed a uniform mode of citation throughout the
course of this research paper

INTRODUCTION
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 Regulatory authority under Copyright Act

Copyright is a kind of intellectual property, the importance of which has increased

enormously in recent times due to the rapid technological development.

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

relation to:

(1) Original, literary, dramatic, musical and artistic works,

(2) Cinematograph film, and

(3) Sound recordings

Basically, a copyright is the right to copy or reproduce the work in which the copyright
subsists. The exclusive right for doing the respective acts extends not only to the whole
of the work but to any substantial part thereof or to any translation or adaptation
thereof, where applicable. The term period of a copyright is the life of the author of the
work plus sixty years with certain exceptions.

The object of copyright law is to encourage authors, composers, artists and designers to
create original work by rewarding them with an 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 and record manufacturers
for a monetary consideration.

Copyright is a creation of the statute. The law of copyright in India is contained in the
Copyright Act, 1957 as amended subsequently from time to time. This Act has been

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 Regulatory authority under Copyright Act

amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The
Copyright (Amendment) Act, 2012 is the most substantial. The Indian copyright
legislation provides for three important authorities and institutions for registration of
copyright, effective protection of copyright and also for better enforcement of the
copyright of owners and others. They are:

(1) Copyright office

(2) Copyright Board

(3) Copyright Societies

COPYRIGHT BOARD

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 Regulatory authority under Copyright Act

The Copyright Board, a quasi-judicial body, was constituted in September 1958. The
jurisdiction of the Copyright Board extends to the whole of India. The copyright board is
a body constituted by the central govt. to discharge certain judicial function under the
Act. [1] The Board is entrusted with the task of adjudication of disputes pertaining to
copyright registration, assignment of copyright, grant of Licenses in respect of works
withheld from public, unpublished Indian works, production and publication of
translations and works for certain specified purposes. It also hears cases in other
miscellaneous matters instituted before it under the Copyright Act, 1957

It consists of a chairman and not more than fourteen other members. [2] The Chairman
and the members shall hold their office for five years. They may be reappointed on the
expiry of the tenure. [3] The chairman of the copyright board must be a person who is or
has been judge of a High Court or is qualified for appointment as a judge of a High
Court. [4] There is no qualification mentioned about the members of the Board.

The Registrar of Copyright also plays a very important role. The Registrar of the
copyright board will perform all secretarial functions of the copyright board. [5] The
Registrar of the Copyright is the authority under Section 9 of the Act who is the officer of
the Copyright Office. The Registrar of Copyright has powers of the civil court. [6] And
every order made by the registrar of payment of money is deemed as a decree of a civil
court and is executed as decree of such court. [7]

Powers of Copyright Board

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 Regulatory authority under Copyright Act

The copyright board has been constituted to perform judicial functions.

Therefore, the copyright board has been accredited with the powers of civil court for the
purpose of Sec. 345 & 346 of the Code of Criminal Procedure, 1973. All proceedings of
the court are judicial proceedings within the meaning of Sec. 193 & 228 of Indian Penal
Code, 1860. [8] In exercise of the civil court power, the copyright board may issue
summons and enforce the attendance of any person and may examine him on oath,
requiring the discovery and production of the document, receiving evidence on affidavit
issuing commission for the examination of witness and documents and requisitioning
public record or copy thereof from any court.

The Registrar of Copyright and the Copyright Board have the powers of a civil court in
respect of the following matters: [9]

(a) Summoning & enforcing the attendance of any person and examining him on oath
(this jurisdiction extends to the whole of India); [10]

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavit;

(d) Issuing commission for the examination of witnesses and document;

(e) Requisitioning any public record or copy thereof from any court or office;

(f) Any other matter which may be prescribed.

Functions of Copyright Board

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 Regulatory authority under Copyright Act

The first and foremost function of the copyright board is to look after whether the
provisions of the Act are followed without any violation or infringement and to
adjudicate certain cases pertaining to copyrights.

Other than this, the copyright board has been provided direct jurisdiction in relation to
matters:

(1) To decide the issue of publication and its date in order to determine the term of
copyright [11]

(2) To decide the term of copyright which shorter in any other country than that
provided in respect of that work under the Act [12] (The decision of the Copyright board
on the above question will be final)

(3) To settle disputes related to assignment of copyright [13]

(4) To grant compulsory licenses for Indian work [14]

(5) To grant compulsory licenses to publish the unpublished work [15]

(6) To grant compulsory licenses to produce and publish translation of literary and
dramatic works [16]

(7) To grant compulsory licenses to reproduce and publish certain categories of literary,
scientific or artistic works for certain purposes [17]

(8) To rectify the Register of copyrights on the application of registrar of copyrights or

any aggrieved persons [18]

Other than this, another important function of Copyright Board is carried out by the
Registrar of Copyright Board. The Registrar maintains a Register of Copyrights containing
the names or titles of works and the names and addresses of authors, publishers and
owners of copyright and other particulars as may be prescribed. [19] The Register of
Copyright will be kept in six parts as follows: [20]

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 Regulatory authority under Copyright Act

Part I – Literary works other than computer programs, tables and compilations including
computer databases and dramatic works.

Part II – Musical works

Part III – Artistic works

Part IV – Cinematograph films

Part V – Sound recordings

Part VI – Computer programs, tables and compilations including computer databases.

Note: As per Sec. 50A of the Act every entry made in the Register of Copyright should be
published in the official gazette or in such manner as the registrar may deem fit.

Registration of Copyright: registration of copyright is not compulsory under sec. 44 of

the Act. The registration is neither required for acquiring copyright nor for enforcement.
[21] Registration is merely a piece of evidence as to when certain author started claiming
copyright in the artistic or other work. [22]

Procedure of Copyright Board

The copyright board has power to regulate its own procedure, [23] including the fixation
of places and times of its sittings. This is subject to the Copyright Rules, 1958. Ordinarily it

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 Regulatory authority under Copyright Act

will hear any proceeding instituted before it within the zone in which the person
instituting the proceedings actually and voluntarily resides and carries on business or
personally works for gain. For this purpose the territory of India has been divided into
five zones – The northern, southern, eastern, western and central zone. Here zone means
a zone specified in Sec. 15 of the States Reorganization Act, 1956. [24]

(1) The Northern Zone comprises the States of Haryana, Punjab, Himachal Pradesh,
Rajasthan and Jammu & Kashmir, and the Union Territories of Delhi and Chandigarh.

(2) The Central Zone comprises the States of Uttar Pradesh and Madhya Pradesh.

(3) The Eastern Zone comprises of the States of Bihar, West Bengal, Orissa, Assam,
Manipur and Tripura.

(4) The Western Zone comprises of the States of Gujarat and Maharashtra, and the
Union Territories of Dadra and Nagar Haveli and Goa, Daman & Diu.

(5) The Southern Zone comprises of the States of Andhra Pradesh, Tamil Nadu,
Karnataka and Kerala, and the Union Territory of Pondicherry.

Now, the Copyright Board functions in five zones. The Board discharges its functions
through the Benches constituted by the Chairman, and the Chairman constitutes
benches from amongst its members, each bench consisting of not less than three
members. [25] If the matter of dispute is of utmost importance, the Chairman of the
Board may constitute a bench consisting of five members. [26] If there is any difference
of opinion among the members of the Bench, the opinion of majority shall prevail. [27] If
there is no such majority, the opinion of Chairman will prevail. [28]

Further, the Chairman may authorize any of its members to exercise any of the powers
conferred on it by provision of Sec. 74 of the Act and any order or act done in the
exercise of these powers by the member so authorized will be deemed to the order or
act, as the case may be of the Board. [29]

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 Regulatory authority under Copyright Act

Also, no member of Copyright Board should take part in any proceedings before the
Board in respect of a matter in which he has a personal interest. [30]

Appeal (Sec. 71-73 of the Act): An order of the registrar may be appealed within 3
months to the Copyright Board and any decision or order of the Board may be appealed
to the High Court within 3 months.

No appeal lies against the order of the Copyright Board for the determination of issue
related to the term of the copyright in other countries. [31]

The jurisdiction of High Court in appeal is determined by the place where the appellant
actually or voluntarily resides or carries on business or personally works for gain. Further,
the word resides, refers only to natural person and not to legal persons like companies or
government. This is why the firm or companies whether they carry on business at a
particular place is a question of fact. [32]

Civil courts have no jurisdiction to rectify the copyright register. And the Copyright Board
has no powers to limit the user of copyright to any particular territorial area. [33]

Further, In Mukherjee vs. State [34] it was held that while exercising its jurisdiction under
section 19A relating to settlement of disputes arising out of assignment of copyright, the
Copyright Board has no power to decide whether there was any infringement of
copyright.

Hence, registrar functions as single arbitrator. And the appeals against his orders are
made to the board. Thus, the mechanism under the Act is – administrative, quasi-judicial
and judicial.

Reform of Copyright Board

The Copyright Board during the last decade has changed significantly. Considering the
diverse nature of issues being dealt with by the Copyright Board, section 11 relating to

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 Regulatory authority under Copyright Act

the constitution of the Copyright Board has been amended to make it a body consisting
of a Chairman and two members which may extend up to 14 members.

A provision has also been introduced for payment of salaries and allowances to the
members of the Board.

Latest reform that has come is setup of a permanent copyright board. ―A permanent
copyright Board is being set up to provide better services to authors, performers and
creators of various works, HRD minister MM Pallam Raju said on Monday, Feb. 18, 2014.

This office will establish a unique identity and will create a distinct relationship with
public. And the interactive copyright web portal having facility of e-filing of applications
with payment gateway is also going to be the major step in delivering public services in a
more efficient and effective manner. E-filing facility for registration of ISBN numbers is
going to be operational in the current year and will assist authors and publishers in
getting prompt services.

This will eliminate wasteful expenditure and save time and energy on long travels to
come to copyright office here to search the copyright register.

Copyright Enforcement Agency Council has also been constituted in year 2013 to enforce
provisions under the Act and stop piracy after the major amendments bought to the
Copyright Act in 2012.

Overall the amendments introduced are forward looking. This will enable the Copyright
Act 1957 to become as one of the best copyright legislations in the world.

Composition of Copyright Board

Chairman

Mr.S. Ramaiah

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 Regulatory authority under Copyright Act

(Former Law Secretary to the Government of India)

Member

Joint Secretary-in-charge of Copyrights Ministry of Human Resource Development

Department of Secondary Education and Higher Education, Government of India

Joint Secretary and Legal Adviser in the Ministry of Law, Justice and Company Affairs)
dealing with Department of Secondary Education and Higher Education, Government of
India

Law Secretary, Government of Kerala

Law Secretary, Government of Karnataka

Law Secretary, Government of Rajasthan

Law Secretary, Government of West Bengal

Law Secretary, Government of Meghalaya

Law Secretary, Government of Maharashtra

Law Secretary, Government of Uttar Pradesh

Law Secretary, Government of Madhya Pradesh

CONCLUSION

The provisions of the abovementioned two enactments show that the Copyright
protection in India is strong and effective enough to take care of the Copyright of the
concerned person. The protection extends not only to the Copyright as understood in

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 Regulatory authority under Copyright Act

the traditional sense but also in its modern aspect. Thus, on-line copyright issues are also
adequately protected, though not in clear and express term. To meet the ever-
increasing challenges, as posed by the changed circumstances and latest technology, the
existing law can be so interpreted that all facets of copyright are adequately covered.
This can be achieved by applying the purposive interpretatio” technique, which requires
the existing law to be interpreted in such a manner as justice is done in the fact and
circumstances of the case. Alternatively, existing laws should be amended as per the
requirements of the situation. The existing law can also be supplemented with newer
ones, specifically touching and dealing with the contemporary issues and problems. The
Information Technology Act, 2000 requires a new outlook and orientation, which can be
effectively used to meet the challenges posed by the Intellectual Property Rights regime
in this age of information technology. Till the country has such a sound and strong legal
base for the protection of Intellectual Property Rights, the judiciary should play an active
role in the protection of these rights, including the copyright. The situation is, however,
not as alarming as it is perceived and the existing legal system can effectively take care of

any problems associated with copyright infringement.

BIBLIOGRAPHY

1. P.N. Narayan
2. V.K. Ahuja
3. B.L. Wadhera

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