Form of register of copyrights
In the procedure of copyright registration the register of all the copyrights shall be maintained in a physical and in a computerized form divided into the following categories namely:
I- Literary or written works other than computer procedures, databases and compilations.
II-Musical works
III-Art works
IV-Cinematography
V-sound recordings
VI- computer programs, databases , compilations and tables.
Application for Registration of copyright
1)All the applications for copyright registration should be made in Form-XIV and for all the applications for changes in registration of the copyright particulars shall be made and entered in the Form XV.
2)Every application for copyright registration shall represent only one work and shall be accompanied by the prescribed fee in the prescribed manner.
3)The application should be signed only by the author or the owner of the copyright. If the copyright owner submit the application, then it should have an original copy of no objection certificate from the author.
4)For an application for an unpublished work, two copies of the respective work shall be submitted.
5)For an application for a computer program, the respective source code and object code shall be accompanied.
6)Every application in which artistic work is involved in the name of any goods or services as a trademark, then it shall be accompanied by a certificate stating that there is no other similar trademark registered in that respective work under Section 3 of the Trade Marks Act, 1999 to the effect that no such application was ever made by any person other than the applicant.
7)An application regarding to the artistic work deserves to be registered under the Designs Act, 2000 as a design. Such application shall accompany an affidavit of statement composing the below such as:
- a) the design was not registered under the Designs Act,2000 ever before.
b)it was not applied to any article by an industrial process and recreated less than fifty times.
8)The application can be filed in the office of copyright in person or through post or in an online filing facility provide in the website of the copyright office.
9)The applicant while applying for the copyright registration shall also notify the other people who claims in the subject of the copyright or any disputes in the rights of a copyright for a person.
10)If the Registrar of Copyrights does not receive any objection within thirty days of the application and if the Registrar is satisfied with the particulars submitted in the application, then it shall be considered and entered in the register of copyrights.
11)If the Registrar of copyrights receives any objection within thirty days of application of the copyright or if the Registrar is not satisfied with the accuracy of the particulars furnished, then an inquiry can happen for the sake of verifying the authentication of the applicant and can later be entered in the register of copyrights.
12) The Registrar of copyrights shall give a chance of hearing or inquiry before rejecting the application of registration of copyright.
13)The process of registration is considered to be completed only if the entries made in the register of copyrights is signed by the Registrar or Deputy Registrar of copyrights or the delegated authority.
14)After the completion of copyright registration, the Registrar shall send copies of the entries made in the register of copyrights to the people concerned.
Correction and rectification of entries in the Register of Copyrights
1)The Registrar of Copyrights shall or on application for any changes or alteration of the entries made in the register would make the practical amendments and will be notified to the applicant under Section 49.
2)The Registrar shall make the respective changes in the register of copyrights after passing the order being passed by the Board under Section 50.
Indexes
The copyright office shall maintain the following indexes in a physical and computerized form namely:
i)A general author index
ii)A general title index
iii)An author index of works in every language
iv)A title index of works in every language
The indexes shall be arranged in the alphabetical order.
Inspection of the Register of Copyrights and Indexes
The Register of copyrights shall be inspected by any authority at a valid time under the specified way and under conditions specified by the Registrar of Copyrights. An online inspection is also possible by making an online payment in the specified manner.
Copies and extracts of the Register of Copyrights and Indexes
1)Any person have the privilege of taking copies or notes from the Register of copyrights on payment of the prescribed fee in the prescribed manner.
2)The applicant will be provided with a copy of the entries or indexes by the Registrar of Copyrights after the payment of the prescribed fee.
Storage of transient or incidental copies of works
1)Any owner of a copyright can take a legal action against a person who has done a transient registration an identical work in a computerized way .
2)The written complaint shall contain the following particulars namely
a)The description and sufficient information of the work for identification
b)details proving that the person who has lodged a complaint is the owner or licensee of the copyright of the work.
c)details stating that the copy of work of transient storage is an illegal copy of the work owned by another person and the copy of work has violated the law under Section 52.
d)details of the location where the infringement of the copy of work is taking place.
e)If known the details of the person who has uploaded the infringed copy of the copyright of the complainant
f)A person can lodge a complaint for the act of infringement within a period of not less than twenty days of the receipt of notice.
3)On receiving a written complaint, if the details specified is identified to be true, then within the next thirty six hours, the one responsible for the infringement of the copyright will be ceased access to the work for a period of twenty one days from the date of receipt of the complaint.
4)The responsible person should give his reasons for ceasing access to the infringed copy to the people requesting access.
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