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CS Professional · Intellectual Property Rights - Law and Practice

Copyrights: Registration and Register Provisions for CS Professional

This chapter covers how copyright is recorded and administered under the Copyright Act, 1957: the Copyright Office and Registrar, the Register of Copyrights, entry of particulars, correction and rectification, publication of entries, and execution of money orders as decrees. Solve questions by naming the section, applying it to the facts, and concluding.

What this chapter covers

This chapter deals with the administrative side of copyright. The Copyright Act, 1957 sets up a Copyright Office under a Registrar of Copyrights, who works under the superintendence and direction of the Central Government. The office keeps the Register of Copyrights. Authors, publishers, owners and other interested persons can apply to have the particulars of a work entered in it.

The chapter then follows the life of an entry. The Registrar may enter particulars after an inquiry. Errors can be corrected by the Registrar or rectified by the High Court. Entries and corrections are published. Orders for payment of money are executable as civil court decrees. Appeals against the Registrar's orders go to the High Court.

This links to the rest of the paper. Ownership, assignment, licensing, infringement and remedies all depend on who holds the rights, and the Register is the official record of particulars. Questions in the paper are case-based, so you must connect these procedural rules to practical facts such as a client who wants to register a work or fix a wrong entry.

The provisions are short, precise and easy to test in a written paper. A case question can combine several sections, such as an application under section 45, a wrong entry, rectification under section 50 and an appeal under section 72. If you know the exact authority, condition and time limit for each step, you can write a full answer with provision, analysis and conclusion. Students who only remember the general idea lose marks on who acts, in what manner and within what period.

Copyrights: topics in the order to study them

  1. 1Copyright Office and Registrar of CopyrightsStart here, because every later step is done by or through this office and its Registrar (section 9).
  2. 2Registration of Copyright and Entries in RegisterNext, learn what the Register is (section 44), who may apply and how the Registrar enters particulars (section 45), and its evidentiary value (section 48).
  3. 3Correction of Entries in the Register of CopyrightsOnce you know how entries are made, study how errors are fixed: the Registrar's correction power (section 49) and the High Court's rectification power (section 50).
  4. 4Publication of Entries in the RegisterThis builds on entries and corrections, because section 50A requires publication of entries, corrections and rectifications.
  5. 5Enforcement of Orders for Payment of MoneyStudy this last: it covers section 75 execution as a decree, and you should pair it with the appeal route under section 72.

How to prepare Copyrights

The chapter is short and section-driven. Aim to know each provision exactly and be able to apply it to facts.

  1. Read sections 9, 44, 45, 48, 49, 50, 50A, 72 and 75 once in the bare Act to see the flow from office to entry to correction to publication to execution.
  2. Make a one-page table for yourself with columns: section, who acts, trigger, condition, outcome. Fill it for each section.
  3. Learn section 45 carefully: who may apply, the prescribed form and fee, the Registrar's inquiry, and the proviso for artistic works used in relation to goods or services with the Registrar of Trade Marks certificate.
  4. Separate section 49 from section 50. Section 49 is a Registrar's correction of errors in particulars or accidental slips. Section 50 is a High Court order on application by the Registrar or a person aggrieved.
  5. Note the appeal rules in section 72: three months, a single Judge, a further appeal to a Bench, and exclusion of time taken for the certified copy.
  6. Practise two or three case questions in the format of provision, analysis and conclusion, and check each against the Act text.
  7. Revise using short recall lists of authorities and time limits until you can write them without looking.

Common mistakes in Copyrights

  • Treating registration as the source of copyright.

    Fix: Answer only from the text: the Register records particulars and is prima facie evidence of them (section 48). Do not say it creates the right.

  • Mixing up section 49 and section 50.

    Fix: Remember that section 49 is the Registrar correcting errors and accidental slips. Section 50 is the High Court ordering rectification on an application.

  • Saying the Copyright Board or Appellate Board hears rectification and appeals.

    Fix: Use the current text: section 50 and section 72 now refer to the High Court.

  • Omitting the proviso to section 45 for artistic works.

    Fix: If facts involve a logo or design used on goods or services, mention the statement and the Registrar of Trade Marks certificate.

  • Giving wrong or missing time limits for appeals.

    Fix: State three months for the first appeal and for the further appeal to a Bench, and note that certified-copy time is excluded.

  • Writing the conclusion without applying the facts.

    Fix: Name the provision, apply it to the parties and dates in the question, then state a clear conclusion.

Last-day revision: Copyrights

  • The Copyright Office is established under section 9, under the immediate control of the Registrar of Copyrights, who acts under the Central Government's superintendence and direction.
  • The Copyright Office has a seal.
  • The Register of Copyrights is kept at the Copyright Office in the prescribed form (section 44).
  • An author, publisher, owner or other person interested in the copyright may apply to enter particulars of a work (section 45).
  • The application is in the prescribed form with the prescribed fee; the Registrar may enter particulars after such inquiry as he thinks fit.
  • For an artistic work used or capable of being used in relation to goods or services, the application needs a statement and a Registrar of Trade Marks certificate.
  • The Register is prima facie evidence of the particulars entered; certified, sealed copies are admissible in all courts without further proof (section 48).
  • The Registrar may correct errors in name, address or particulars, or errors from accidental slip or omission (section 49).
  • The High Court orders rectification on application of the Registrar or a person aggrieved: entry omitted, entry wrongly made or remaining, or error or defect (section 50).
  • Entries, corrections and rectifications are published in the Official Gazette or in another manner the Registrar considers fit (section 50A).
  • An appeal against a final decision or order of the Registrar lies to the High Court within three months, with certified-copy time excluded (section 72).
  • Money orders of the Registrar or the High Court on appeal are deemed civil court decrees on a certificate and are executable like decrees (section 75).

Copyrights practice questions

Copyrights in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Copyrights: frequently asked questions

Who can apply to enter a work in the Register of Copyrights?

The author or publisher of the work, the owner of the copyright, or any other person interested in the copyright may apply. The application is in the prescribed form with the prescribed fee. The Registrar may enter the particulars after such inquiry as he thinks fit.

What is the difference between correction and rectification of the Register?

Correction under section 49 is done by the Registrar for errors in name, address or particulars, or accidental slips or omissions. Rectification under section 50 is ordered by the High Court on application of the Registrar or a person aggrieved. It covers wrongly omitted entries, wrongly made entries and errors or defects.

Where do I appeal against the Registrar of Copyrights' order?

Appeal lies to the High Court within three months from the order or decision. A single Judge hears it, and may refer it to a Bench. A further appeal to a Bench lies within three months of the single Judge's decision. Time taken to get a certified copy is excluded.

How is an order for payment of money enforced?

Under section 75, an order for payment of money by the Registrar, or by the High Court in an appeal, is deemed a civil court decree on a certificate issued by the Registrar of Copyrights or the Registrar of the High Court as the case may be. It is then executable like a decree.