Copyright board

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COPYRIGHT
BOARD
FILMA VARGHESE
TRADE MARK DEPARTMENT
ALTACIT GLOBAL

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The Indian copyright legislation namely the Copyright
Act, 1957 provides for three important authorities and
institutions for registration of copyright, effective
protection of copyright and also for better enforcement
of the copyright of owners and others. They are
1.Copyright Office
2.Copyright Board
3.Copyright Societies

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COPYRIGHT BOARD
It is a body constituted under the Copyright Act for
the discharge of certain judicial functions under the
Act.
Constituted by the Central Government (Section 11
of the Act)
The Board was constituted in 1958
Not a standing body

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CONSTITUTION OF THE BOARD
Chairman
Two or more (not exceeding fourteen)
members
The Registrar of the Copyright will perform
all secretarial functions of the Copyright
Board

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QUALIFICATIONS OF
CHAIRMAN
Is either a High Court Judge
Has been a Judge of a High Court
Is qualified for appointment as a Judge of a
High Court

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TERM OF CHAIRMAN AND
MEMBERS
Five years
Eligible for reappointment

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POWERS AND PROCEDURE OF COPYRIGHT
BOARD
(Section 12 of the Act)
Hear appeals against the orders of the Registrar of
Copyright
Power to regulate its own procedure – fixing of
places and times of its sittings
Hear any proceedings instituted before it within
the zone. For this purpose the territory of India has
been divided into the following zones:
1.The Northern zone
2.The Central zone
3.The Eastern zone
4.The Western zone
5.The Southern zone

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POWERS AND PROCEDURE OF COPYRIGHT
BOARD
Discharge its functions through the Benches constituted
by the Chairman
The Bench shall consists of members, each Bench
consisting of not less than 3 members
Special Bench consisting of 5 members if the matter is
of importance
Difference of opinion among the members of a Bench
– Opinion of the majority shall prevail
No such majority – the opinion of the Chairman shall
prevail
The Chairman may authorize any of its members to
exercise any powers conferred on it by Section 74

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Members shall not take part in any proceedings in
which he has a personal interest
The Copyright Board shall not be questioned on
the ground merely of the existence of any vacancy
in or defect in the constitution of the Board
POWERS AND PROCEDURE OF COPYRIGHT
BOARD

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STATUS OF COPYRIGHT BOARD - The
Copyright Board shall be deemed to be a Civil
Court and have the powers of a Civil Court:
The Copyright Board is deemed to be a civil court for the purposes of
Sections 345 and 346 of the Code of Criminal Procedure, 1973.
Summoning and enforcing the attendance of any person and
examining him on oath (this jurisdiction extends to the whole of
India)
Requiring the discovery and production of any document
Receiving evidence on affidavit
Issuing commissions for the examination of witnesses and
document
Requisitioning any public record or copy thereof from any court
or office
Any other matter which may be prescribed

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EXECUTION OF ORDERS OF REGISTRAR
AND COPYRIGHT BOARD
Deemed to be a decree of a civil court
and will be executable in the same manner
as a decree of the civil court.

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PROTECTION OF ACTION IN GOOD
FAITH
No suit or other legal proceedings can
be taken – done in good faith

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FUNCTIONS OF THE COPYRIGHT
BOARD
To decide whether a work has been published or as
to the date on which the work was published
To settle disputes arising in respect of assignment of
copyright
To grant compulsory licenses in respect of Indian
works withheld from public
To grant compulsory licenses to publish unpublished
Indian works

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To grant compulsory licenses to produce and publish
translation of literary and dramatic works
To grant compulsory licenses to reproduce and
publish certain categories of literary, scientific or
artistic works for certain purposes
To rectify the register on the application of Registrar
of Copyright or of any person aggrieved

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APPEAL
An appeal against all orders except under Section
6 lies to the High court [Section 72 (2)]
Within 3 months

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CASE STUDIES
Vandana v Vandana Saree Emporium (1983)
PTC 119 at p. 124 (Copyright Board)
The Copyright Board has no powers to limit the user
of copyright to any particular territorial area.

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Mukherjee v State (1994) PTC 202
It was held that while exercising its jurisdiction under
Section 19 A of the Act relating to settlement of
dispute arising out of assignment of copyright, the
Copyright Board has no power to decide whether
there was any infringement of copyright.

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THANK YOU