Copyright Act 1957

SR No.: 269633
Original Sutra Author: N/A
Total Pages: 29
Language: English
Classification: Article
File Size: 4 MB

Page 17

S. 48] COPYRIGHT ACT, 1957 17 42. Power to restrict rights in works of foreign authors first published in India.--If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protectiony to the works of Indian authors, the Central Government may, by order published in the official Gazette, direct that such of the provision of this Act as confer copyright on works first published in India shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works. 43. Orders under this Chapter to be laid before Parliament. Every order made by the Central Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following. CHAPTER X Registration of Copyright 44. Register of Copyrights.--There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed. 45. Entries in Register of Copyrights.- (1) The author or publisher of, or the owner of or other person interested in the copyright in any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights. (2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights. Comment Scope.--Section 45 does not qualify Sec. 13 or Sec. 14 or even Sec. 15 of the Act and makes registration as a condition for the subsistence of copyright or acquisition of ownership thereof. It is settled view that registration is but optional and provides a rule of evidence. 46. Indexes. There shall be also kept at the Copyright Office such indexes of the Register of Copyrights as may be prescribed. 47. Form and inspection of register.-The Register of Copyrights and indexes thereof kept under this Act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed. 48. Register of Copyrigbts to be prima facie eidence of particulars entered therein.--The Registrar of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom, certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof of production of the original. 1. Mesrss. Manojah Cine Productions Wa A. Sundaresan, A. I. R. 1976 Mad. 22 at p. 22 . C.A.-3