Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring it. However, Aaj perception 48 of the act, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
The copyright office watch established in 1958. it functions under the administrative control of the Department of higher education. It is headed by the register of copyright, who has Quasi-judicial powers in handling cases relating to Copyright. The main function of the Copyright Office is to undertake registration of copyright.
The register of copyrights maintained by the Copyright Office provides information regarding works of copyright to the general public. Now, copyright office has been separated and is functioning as a separate entity. In addition, to registration facilities life inception of the register and taking extracts therefore are also available in the Copyright office.
As provided under section 13 of the copyright act 1957, copyright subsists in the following classes are works:
- original literary, software, musical and artistic works
- cinematographic films
- sound recording.
The copyright office also register changes in the particulars of copyright entered in the register of copyrights in accordance with rule 70 of the copyright rules 2013. Section 47 of the Act also provides for inspection of the register of copyrights are taking certified copies of the extracts against payment of the prescribed fee.
To facilitate this, an index of the works whose particulars have been entered in the register is also mentioned in the Copyright office. While minor corrections and change in particular sintered in the register can be made by the registrar, only the copyright board is improved to experience and entries made in the register on an application by the registrar are any person aggrieved.
Procedure for registration of copyright
As per section 45 of the copyright act,1957 either the author and publisher are the owner of copyright are any other person interested in the copyright of our can make an application in the prescribed format along with prescribed fee to the registrar of copyrights for internal particulars of the work in the register of copyrights. The Copyright office paradise registration facilities to all types of works and the applications for registration of work can be sent through the post of Copyright office and online applications also filled.
Modernization of Copyright office
The E-filing facility was started in 2014 and a new logo of Copyright with newly designed certificate is being used. in Digitization of copyright records in under process and about 6.00 lakhs register of copyrights have been scanned and it will be operative.
There is a Quasi-judicial body copyright board which was constituted in September 1958 and had been functioning on a part-time basis. The jurisdiction of the copyright board extends to the whole of India. The board is entrusted with the task of adjudication of this puts pertaining to copyright registration and assignment of copyright, justification of registration.
The grant of compulsory licences in respect of works withheld from the public, unpublished Indian works for benefit of physically disabled persons, productions and publication of translations and works for a certain specified purpose. The copyright board also determines and fix rate of royalties for statutory licence for cover versions and broadcasting of literary and musical works and sound recordings.
It also hears cases in other miscellaneous matters is situated before it under the Copyright Act, 1957. The Copyright Act, 2012 for three-member permanent copyright board consisting of a Chairman and two other members.