Saturday, June 2, 2018

ADMINISTRATION OF COPYRIGHT LAW (Copyright in India explained)




Is there any advisory body on copyright matters?
Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC). The present composition of the CEAC is at Appendix- II.
Are there special courts for copyright?
No. There are no special courts for copyright cases. The regular courts try these cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright.
What are the powers of Copyright Board?
The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases. The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:
    1. hear appeals against the orders of the Registrar of Copyright;
    2. hear applications for rectification of entries in the Register of Copyrights;
    3. adjudicate upon disputes on assignment of copyright;
    4. grant compulsory licences to publish or republish works (in certain circumstances);
    5. grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work;
    6. hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;
    7. fix rates of royalties in respect of sound recordings under the cover-version provision; and
    8. fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.
The present composition of the Board is at Appendix - III.
Has the Registrar of Copyrights any judicial powers?
Yes. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely,
  1. summoning and enforcing the attendance of any person and examining him on oath;
  2. requiring the discovery and production of any document;
  3. receiving evidence on affidavit;
  4. issuing commissions for the examination of witnesses or documents;
  5. requisitioning any public record or copy thereof from any court or office;
  6. any other matters which may be prescribed.
Source: http://copyright.gov.in/documents/handbook.html


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