This article has been written by Ms. KHUSHI BAJPAI, a 2nd year student of Symbiosis law School, Noida
Powers of copyright registers
In the grand scheme of copyright administration, copyright registration is crucial. Copyright typically becomes apparent as soon as a piece of work is created, thus formalities are not necessary to acquire one. Therefore, copyright protection is formality-free. The information displayed in the Register of Copyright is first and foremost supported by the copyright registration. Section 44 discusses the inclusion of the author’s information while requesting copyright registration. This Act mandates that the Register of Copyrights include information about the author, such as name, address, publisher, and copyright owner. Furthermore, the information in the Register of Copyrights shall be deemed prima facie evidence under Section 48 of the Act and shall be accepted in evidence in all courts of law. The function and authority of the Registrar of Copyright will be discussed in this article.
The registrar’s authority as the director of the copyright office
In accordance with the current Copyright Act, the registrar of Copyright may exercise the following authority while serving as the institution’s chief.
Power to manage the copyright office
In light of the provisions outlined under the Copyright Act and the Central Government’s directives, the Registrar of Copyright has the authority to oversee the Copyright Office.
According to Section 10(1), the person assigned Deputy Registrar responsibilities by the Central Government must perform their duties under the supervision and direction of the Registrar. Any mention of the Copyright Registrar in this Act should also include a mention of the Copyright Deputy Registrar.
Power to manage the register’s particulars
The Register containing information such as the title of the work, author’s name, address, copyright owners and publishers, and other details as indicated in section 44 of the Act will be handled by the Registrar of Copyright. It will contain the information listed in Form III. Every entry made to the Register of Copyright must be published in the Official Gazette or any publication that the Registrar deems appropriate.
Power to change the copyright register:
- The Copyright Registration may, under the established conditions, alter the Copyright Register by:
- Fixing any mistakes involving the name, address, or other information;
- Fixing any mistakes or issues that may result from an oversight or a mistake.
The Copyright Registrar may alter the information on the Copyright Register as necessary or in response to a copyright application submitted by an individual. The copyright application should be submitted with the presumptive fee on Form V. A person who will be impacted by the change will be given the chance to make clear grounds against such actions prior to the change.
Any updates to the information on the Copyright Register must be published in the Gazette or on other platforms specified by the Copyright Registrar. The Copyright Registrar will additionally disclose changes made to the person thus affected by Rule 17 and the Copyright Registrar. It is possible to appeal the Registrar’s decision in this case to the Copyright Board.
Power to register work:
After receiving an application in a predetermined format, paying the required money, and asking any questions that the Registrar deems appropriate, the Registrar has the authority to register the authorship work.
Power to oblige limitation of importation of violating copies:
The actual owner of a copyright in any work or their authorized representative may submit a Form IV with the stipulated fee, detailing the importation of copies that violate the copyright for their work, in order to request a restriction on these actions. After reviewing the request, the Registrar of Copyright may issue a directive to prevent the importation of copies that are illegal in other countries. The Registrar or any person they designate may enter any buildings where such illegal copies may be kept, including docks and ships. The person or Registrar they appointed must follow any instructions given by the custom authority. Although none of these copies impounded in accordance with the Act would belong to the government, they should be delivered.to the owner of a copyrighted work under Section 53 (3).
Power to register work of authorship
On acceptance of an application in a prescribed format, together with the customary fee, and after conducting any inquiry he may judge necessary, the Registrar has the authority to register the work of authorship.
Power to revoke copyright registration
The Registrar has the authority to revoke copyright registration of a work in case of an artistic work being used as a trademark, if an application lacks the inclusion of the certificate from the Registrar of Trade Marks stating the authenticity of the mark, under the Trade and Merchandise Marks Act, in the name of another person.
Power to amend or modify the register of copyright
The registration of copyright may, in the predetermined conditions, amends or modifies the register of copyright by:
- Correcting any name, address, or other specific error; or
- Correcting any other error that may be revealed by an unintentional error or omission.
The Registrar may update or change the information on the Register as he sees fit or in response to a request made by a party with an interest in the matter. The application must be on Form V and be accompanied by the specified fee. An individual who will be impacted by the change or amendment will have the opportunity to present defences against such acts prior to the alteration or amendment.
Any updates to the Register’s information must be published in the Official Gazette or another publication of the Registrar’s choosing. The Registrar will also disclose any changes made to the person in question (under Rule 17). An appeal of the Registrar’s order in this case may be made to the Copyright Board.
Power to manage the copyright office:
The Registrar is vested with the power to oversee the Office of Copyright in light of the guidelines established by the Central Government and the Copyright Act. According to Section 10(1), the person who has been granted the duties of Deputy Registrar by the Central Government must work under the guidance and control of the Registrar. A copyright deputy registrar may be contacted in any scenario described in this Act involving the registrar.
Power to impose restrictions on importation of infringing copies
Any work’s copyright holder or his or her authorised representative may submit a Form IV application, along with the required fee, in order to request a restriction on certain activities. The application must include information on the importation of copies of the work that are infringing. After carefully reviewing the request, the Registrar may issue an order to prevent the importation of illegal copies that are already in existence outside of India.
The Registrar of Copyright or any person he appoints may enter any location where such copies may be found, including a ship or dock.
The Registrar or the person he designates should follow the customs officials’ instructions. All unauthorized copies of works will be regarded as items that are on the Customs Act of 1962’s Prohibited List. According to section 53(3) of the aforementioned Act, copies that are seized in accordance with the said Act must be delivered to the copyright holder and do not belong to the government.
Power to withdraw copyright registration
The authorship work may be registered by the Registrar of Copyright on the application in a suitable format with the required fee and following any inquiry they may deem appropriate.
Important points to ponder
- The Registrar of Copyright, who serves as the head of the Copyright Office, has the authority to manage the office in accordance with the relevant provisions and Central Government directives, whenever given to him. The Registrar of Copyright has access to all the authority granted to the Secretary of the Board’s office, and can exercise those powers individually or collectively with the Copyright Board.
- Under section 74 of the Act, the Copyright Registrar and the Copyright Board had civil court authority to file a lawsuit in accordance with the Code of Civil Procedure, 1908.
- All required actions under the Act will be taken by the registrar who is also the head of the Copyright Office.
- The Copyright Act of 1957 actively prohibits discrimination against authors by giving them a wide range of legal protections for their creative works. Therefore, copyright registration is not necessary to secure copyright or to enforce it through legal action for infringement.
- The Copyright Act effectively eliminates prejudice against the inventor by granting them sufficient protections for their works of art. Therefore, registration is not required to obtain copyright or to enforce it through legal action if it is violated.
- •According to the Act’s requirements, the Registrar may hold individual or joint power with the Copyright Board.
- • When bringing a lawsuit seeking an explanation of the Code of Civil Procedure, 1908, the Copyright Board or Registrar, as per Section 27 of the Copyright Act, will thereafter be the authorities in civil court. The Act’s essential tasks will be carried out by the Registrar of Copyright, acting as the Copyright Office Head.
Conclusion
As a result of the facts provided above, it can be said that the Registrar of Copyright is in the forefront of decision-making. The Registrar of Copyright conducts a variety of tasks to maintain the integrity of the current bylaws, from requiring registration to restricting the unlawful Act. The copyright registrar has sufficient authority to address management and registration process inefficiencies.
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