TaxTMI 
TaxTMI 
EXTRACTS FROM THE COPY RIGHT ACT, 1957 (14 OF 1957)
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.... COPYRIGHT OFFICE AND A BOARD * * * * * Appellate Board. 11. (1) The Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999.) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017.), be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Act. Powers and procedure of Appellate Board. 12. (1) The Appellate Board shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings: Provided that the Appellate Board shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain. Explanation.-In this sub-section "zone" means a zone specified in section 15 of the States Reorganisation Act, 1956 (37 of 1956.). (2) The Appellate Board may exercise and discharge its powers and functions through Benches ....
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....b-section (2) shall be dealt with by the Appellate Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Appellate Board shall record the reasons thereof. * * * * * Term of copyright in anonymous and pseudonymous works. 23. (1) In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published: Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies. (2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint horship, be construed,- (a) where the identity of one of the authors is disclosed, as references to that author; (b) where the identity of more authors than one is disclosed, as references to the autho....
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....nicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Appellate Board may determine; and thereupon the Registrar of Copyrights shall grant the licence to such person or persons who, in the opinion of the Appellate Board, is or are qualified to do so in accordance with the directions of the Appellate Board, on payment of such fee as may be prescribed. * * * * * Compulsory licence in unpublished or published works. 31A. (1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Appellate Board for a licence to publish or communicate to the public such work or a translation thereof in any language. (2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the applicat....
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....lished any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the Appellate Board shall dispose of such application within a period of two months from the receipt of the application. (2) The Appellate Board may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith. (3) If the Appellate Board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work. (4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: Pro....
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....respect of works in a particular language or dialect having regard to the potential circulation of such works. (5) The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided that if on a complaint brought before the Appellate Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the Appellate Board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty. Explanation.-For the purposes of this section "cover version" means a sound recording made in accordance with this section. Statutory licence for broadcasting of literary and musical works and sound ....
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....ed or analogous forms of reproduction, of a literary or dramatic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: Provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication. (2) Every application under this section shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application- (i) subject to the condition that the applicant shall pay to the owner of the copyright in t....
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....er the proviso to that subsection, has elapsed from the date of making the request under clause (b) of this proviso or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be; (ccc) in the case of any application made under sub-section (1A)- (i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation; (ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied with; (d) the Appellate Board is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; (e) the author has not withdrawn from circulation copies of the work; and (f) an opportunity of being heard is given, wherever practicable, to....
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....b) such copies have not been put on sale in India for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the Appellate Board for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities. (2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the Appellate Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to th....
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....d to be reproduced are printed on all the copies of the reproduction; (g) the author has not withdrawn from circulation copies of the work; and (h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. (5) No licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in India. (6) The provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audiovisual fixations prepared and published solely for the purpose of systematic instructional activities. Explanation.-For the purpose of this section, "relevant period", in relation to any work, means a period of- (a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art; (b) three years from the date of the first publication of tha....
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....ard may fix and the decision of the Appellate Board in this behalf shall be final: Provided that the Appellate Board may fix different shares for different classes of work: Provided further that in no case shall the share exceed ten percent, of the resale price. (3) If any dispute arises regarding the right conferred by this section, it shall be referred to the Appellate Board whose decision shall be final. CHAPTER XII CIVIL REMEDIES Definition. 54. For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of copyright" shall include- (a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the Appellate Board by that author or his legal representatives. * * * * * Appeals against orders of Registrar of Copyrights and Appellate Board....