Intellectual
Property Rights
COPYRIGHT ACT 1957
CHAPTER XV : MISCELLANEOUS
74. Registrar of Copyrights and Copyright Board to possess certain powers
of civil courts
The Registrar of Copyrights and
the Copyright Board shall have the powers of a civil court when trying
a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect
of the following matters, namely,-
(a) summoning and enforcing the
attendance of any person and examining him on oath;
(b) requiring the discovery and
production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the
examination of witnesses or documents;
(e) requisitioning any public 10[sound
recording] or copy there of from any court or office;
(f) any other matter which may
be prescribed.
Explanation : For the purpose
of enforcing the attendance of witnesses, the local limits of the jurisdiction
of the Registrar of Copyrights or the Copyright Board, as the case may
be, shall be the limits of the territory of India.
75. Orders for payment of money passed by Registrar of Copyrights, and
Copyright Board to be executable as a decree
Every order made by the
Registrar of Copyrights or the copyright board under this Act for the
payment of any money or by the High Court in any appeal against any such
order of the Copyright Board shall, on a certificate issued by the Registrar
of Copyrights, the Copyright Board or the Registrar of the High Court,
as the case may be, be deemed to be a decree of a civil court and shall
be executable in the same manner as a decree of such court.
76. Protection of action taken in good faith
No suit or other legal
proceeding shall lie against any person in respect of anything which is
in good faith done or intended to be done in pursuance of this Act.
77. Certain persons to be public servants
Every officer appointed
under this Act and every member of the Copyright Board shall be deemed
to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
78. Power to make rules
(1) The Central Government
may, by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, the Central Government
may make rules to provide for all or any of the following matters, namely,-
(a) the term of office and conditions
of service of the Chairman and other members of the Copyright Board;
(b) the form of complaints and
applications to be made, and the licences to be granted, under this Act;
(c) the procedure to be followed
in connection with any proceeding before the Registrar of Copyrights;
3[(ca) the conditions for submission
of application under sub-section (2) of section 33;
(cb) the conditions subject to
which a copyright society may be registered under sub-section (3) of section
33;
(cc) the inquiry for cancellation
of registration under subsection (4) of section 33;
(cd) the conditions subject to
which the copyright society may accept authorisation under clause (a)
of sub-section (1) of section 34 and the conditions subject to which owners
of rights have right to withdraw such authorisation under clause (d) of
that sub-section;
(ce) the conditions subject to
which a copyright society may issue licences, collect fees and distribute
such fees amongst owners of rights under sub-section (3) of section 34;
(cf) the manner in which the approval
of the owners of rights regarding collection and distribution of fees,
approval for utilisation of any amount collected as fees and to provide
to such owners information concerning activities in relation to the administration
of their rights under sub-section (1) of section 35;
(cg) the returns to be filed by
copyright societies to the Registrar of Copyrights under sub-section (1)
of section 36;]
(d) the manner of determining any
royalties payable under this Act, and the security to be taken for the
payment of such royalties;
29[(da) the manner of payment of
royalty under clause (j) of sub-section (1) of section 52;
(db) the form and the manner in
which the copyright society shall maintain accounts and other relevant
records and prepare annual statements of accounts and the manner in which
the quantum of remuneration is to be paid to individual owner of rights
under sub-section (1) of section 52B;]
(e) the form of register of copyrights
to be kept under this Act and the particulars to be entered therein;
(f) the matters in respect of which
the Registrar of Copyrights and the Copyright Board shall have powers
of a civil court;
(g) the fees which may be payable
under this Act;
(h) the regulation of business
of the copyright office and of all things by this Act placed under the
direction or control of the Registrar of Copyrights.
3[(3) Every rule made
under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.]
79. Repeal, saving and transitional provisions
(1) The Indian Copyright
Act, 1914 (3 of 1914) and the Copyright Act of 1911 passed by the Parliament
of the United Kingdom as modified in its application to India by the Indian
Copyright Act, 1914 (3 of 1914), are hereby repealed.
(2) Where any person has, before
the commencement of this Act taken any action whereby he has incurred
any expenditure or liabilities in connection with the production or performance
of any work in a manner which at the time was lawful or for the purpose
of or with a view to the reproduction or performance of a work at a time
When such reproduction or performance would, but for the coming into force
of this Act, have been lawful, nothing in this section shall diminish
or prejudice any rights or interests arising from or in connection with
such action which are subsisting and valuable at the said date, unless
the person who, by virtue of this Act, becomes entitled to restrain such
reproduction or performance agrees to pay such compensation as, failing
agreement may be determined by the Copyright Board.
(3) Copyright shall not subsist
by virtue of this Act in any work in which copyright did not subsist immediately
before the commencement of this Act under any Act repealed by sub-section
(1).
(4) Where copyright subsisted in
any work immediately before the commencement of this Act, the rights comprising
such copyright shall, as from the date of such commencement, be the rights
specified in section 14 in relation to the class of works to which such
work belongs, and where any new rights are conferred by that section,
the owner of such rights shall be-
(a) in any case where copyright
in the work was wholly assigned before the commencement of this Act, the
assignee or his successor-in-interest;
(b) in any other case, the person
who was the first owner of the copyright in the work under any Act repealed
by sub-section (1) or his legal representatives.
(5) Except as otherwise provided
in this Act, where any person is entitled immediately before commencement
of this Act to copyright in any work or any right in such copyright or
to an interest in any such right, he shall continue to be entitled to
such right or interest for the period for which he would have been entitled
thereto if this Act had not come into force.
(6) Nothing contained in this Act
shall be deemed to render any act done before its commencement an infringement
of copyright if that act would not otherwise have constituted such an
infringement.
(7) Save as otherwise provided
in this section, nothing in this section shall be deemed to affect the
application of the General Clauses Act, 1897 (10 of 1897), with respect
to the effect of repeals.
Foot Notes
1 21st. January, 1958,
vide Notification No. SRO 269, Gazette of India, Ext. Part II, s. 3(ii),
p, 167.
2 Omitted by Act No.38 of 1994,
w.e.f. 10th. May, 1995.
3 Inserted by Act No. 38 of 1994,
w.e.f. 10th. May, 1995.
4 Substituted by Act No. 38 of 1994,
w.e.f. 10th. May, 1995.
5 Inserted by Act No. 23 of 1983,
w.e.f. 9th. August, 1984.
6 Substituted for the words "radio-diffusion"
by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
7 Inserted by Act No. 65 of 1984,
w.e.f. 8th. October, 1984.
8 Earlier clause (1) substituted
by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
9 Substituted for the words "data
basis" by the Copyright (Amendment) Act,1999 (Act No.49 of 1999),
w.e.f.15th January, 2000.
10 Substituted by Act No. 38 of
1994, for the word "records", w.e.f. 10th. May, 1995.
11 Omitted by Act No. 23 of 1983,
w.e.f. 9th. August, 1984.
12 Substituted by Act No. 38 of
1994, for the words "the Copyright Board", w.e.f. 10th. May,
1995.
13 Substituted by Act No. 23 of
1983, w.e.f. 9th. August, 1984.
14 Substituted by the Copyright
(Amendment) Act, 1999.
15 The words "Indian Patents
and" omitted by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
16 Section 19 re-numbered as sub-section
(1) thereof by Act No. 23 of 1983, w.e.f. 9th. August, 1984.
17 Substituted by Act No. 13 of
1992, for the word "fifty", w.e.f. 28th. December, 1991.
18 Substituted by Act No. 23 of
1983, for the words "such application", w.e.f. 9th. August,
1984.
19 Substituted by Act No. 23 of
1983, for the words "Provided that no such licence", w.e.f.
9th. August, 1984.
20 Substituted for the words "twenty-five
years" by the Copyright (Amendment) Act,1999 (Act No.49 of 1999),
w.e.f. 15th January, 2000.
21 Inserted by the Copyright (Amendment)
Act, 1999 (Act No.49 of 1999), w.e.f.15th January,2000.
22 Omitted by Act No. 65 of 1984,
w.e.f. 8th. October, 1984.
23 Substituted for the words "fifty
years" by the Copyright (Amendment) Act, 1999 (Act No.49 of 1999),
w.e.f. 15th January, 2000.
24 Substituted by Act No. 23 of
1983, for the words and figures 'under section 19 of the Sea Customs Act,
1878', w.e. f. 9th. August, 1984.
25 Substituted by Act No. 23 of
1983, for the words 'the Specific Relief Act, 1877', w.e.f. 9th. August,
1984.
26 Substituted by Act No. 23 of
1983, for the words 'in section 42 of the Specific Relief Act, 1877',
w.e.f. 9th. August, 1984.
27 Substituted by Act No. 65 of
1984, w.e.f. 8th. October, 1984.
28 Substituted by Act No. 23 of
1983, for the words 'a Presidency Magistrate or a Magistrate of the first
class', w.e.f. 9th. August, 1984.
29 Substituted by Act No. 23 of
1983, for sub-section (3), w.e.f. 9th. August, 1984.
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