Highlighting the Power of the Copyright Registrar

Copyright Registrar
Karan Singh
| Updated: May 31, 2021 | Category: Copyright

Copyright Registration plays a significant role in the whole scheme of Copyright administration. Generally, Copyright comes into action as soon as any original work is created, and hence no formality is required for attaining a Copyright Registration. So, Copyright security is free from any formalities. The Copyright Act, perform as assumed evidence of the facts posted in the Copyright Register. Section 44 of the Copyright Act mentions about the inclusion of the details of the author’s details who are looking for Copyright Registration. As per the Copyright Act, the Copyright Register should consist of details of the author such as name, publisher, address, Copyright proprietor. Further, according to Section 48, the Copyright Register details shall be considered evidence, which can be allowable as evidence in all law courts. Scroll down to check the power of the Copyright Registrar.

Powers of Copyright Registrar as the Copyright Office Head

In the light of the existing Copyright Act, the Copyright Registrar can exercise the following powers working as an institution head:

Powers of Copyright Registrar
  • Power of Manage the Particulars of Register: The Copyright Registrar will take care of Copyright Register enclosing the information such as the working title, name of the author or creator, address, owners of the Copyright and publishers, and other information as prescribed under the Section 44 of the Copyright Act[1]. It will attach the detail as given in Form III. Every entry in the Copyright Register ought to be published in the Gazette or other mediums favoured by the Copyright Registrar.
  • Power to Change the Copyright Register: The Copyright Registration may, in the prearranged conditions, change the Copyright Register by:
  • Correcting any errors concerning the name, address, particulars, or;
  • Fixing other errors or problems which may come into effect by an omission or an accidental slip.

The Copyright Registrar may change the Copyright Register’s particulars as he or she may suitable or in case of a Copyright application made by an individual for the same. The Copyright application ought to be on Form V take over with the presumed fee.  Before the change, an opportunity to obvious grounds against such actions shall be provided to a person affected by the change.

Any rectification to the Copyright Register’s details shall be published in the Gazette or on other mediums as mentioned by the Copyright Registrar. The Copyright Registrar will also share alterations made to the person so affected under Rule 17. The order of Registrar in this background is subject to appeal to the Copyright Board.

  • Power or Register Work: The Registrar has the power to register the authorship work on application receipt in a prearranged format with the prescribed fee and after holding a question as he or she may consider as suitable.
  • Power to Oblige Limitation of Importation of Violating Copies: The actual owner of a Copyright in any work or their certified agent may apply to Form IV’s authority accompanied by the prearranged fee conveying details of the importation of the violating copies concerning their work for an order to limit such activities. The Registrar of Copyright, after examining the request, may issue an order for discouraging the importation of the violating copies available abroad. The Registrar or any person appointed by him or her may enter any offices such as a dock or ship where such violating copies may be located. The individual or Registrar appointed by him or her must obey the custom authorities direction. All such copies impounded according to the Act will not vest in the government however should be provided to the owner of a copyrighted work under Section 53 (3).
  • Power to Manage the Copyright Office: The Registrar has the authority to monitor the Office of Copyright in the light of the provisions prescribed under the directions of the Central Government and the Copyright Act. Individual gratified with the responsibilities of Deputy Registrar by the Central Government as per Section 10 (1) shall clear under the direction and administration of Registrar. Any situation in this Act to the Registrar also includes a situation to a Copyright Deputy Registrar.
  • Power to Withdraw Copyright Registration: The Registrar of Copyright has the power to register the authorship work on the application in a suitable format along with the fee and after holding an enquiry as they may consider fit.

Vital Point to Consider

  • The Copyright Act, robustly demoralizes prejudice against the creator by offering them enough rights to safeguard their artwork. Hence, registration is not compulsory either for procuring Copyright or for enforcing the same by a violation suit.
  •  The authority available to the Registrar is held separately or collectively with the Copyright Board as per the provisions of the Act.
  • The Copyright Board or Registrar under Section 27 of the Copyright Act, then the authorities of civil court when filing a suit on an explanation of the Code of Civil Procedure, 1908.
  • The Registrar of Copyright, operating as the Copyright Office Head, will accomplish all the vital functions under the provisions of the Act.

Conclusion

In the purview of the information mentioned above, it can be concluded the Copyright Registrar is a centre phase of decision making. From the Copyright Registration requirement to restricting the illegal Act, the Registrar performs an arrangement of functions to protect the reliability of the existing bylaws. The Registrar has sufficient power at its disposal to curb inefficacies within the management and the process of registration.

Read our article:What Are The Responsibilities of Software Copyright?

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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