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Copyright Board India

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Manish Jindal

December 12, 2023

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Copyright Board India

Do you know the significant role of the ‘copyright board India’ to protect the content in the media?

Navigating the intricate dynamics of intellectual property rights can be a challenging task.

In India, these rights, particularly copyrights, are safeguarded and administered by a key governmental body known as the Board.

Established under the Copyright Act of 1957, the  Board serves as an essential regulatory authority overseeing the enforcement of  laws, dispute resolution, and setting the tariffs for the use of copyrighted works in the country.

Delving into the realm of the  Copyright Board India will provide crucial insights into the Indian  landscape, ensuring creators and users alike understand their rights and responsibilities.

Join us as we explore the workings, functions, and importance of the Copyright Board India in safeguarding and promoting intellectual property rights.

Indian Copyright Board

The Indian  Board is a pivotal regulatory body associated with the implementation and enforcement of  laws in India.

It operates under the aegis of the Copyright Act of 1957 and plays an instrumental role in shaping the environment in the country.

The functions of the Indian Board include, but are not limited to:

Adjudication of Disputes

The copyright board India has the authority to handle cases relating to the infringement of  law.

This includes disputes over unauthorised usage, ownership issues, and disagreements related to licensing.

Adjudication of Disputes

The Copyright Board India sets the tariffs for the use of copyrighted works, including literary, dramatic, musical, and artistic works.

This aids in the standardisation of royalty rates and provides clarity for  holders and users alike.

Registration of Copyright Societies

The Copyright Board India also approves and oversees the functioning of societies, which are organisations that protect and manage the rights of creators on their behalf.

Compulsory and Statutory Licensing

In certain situations, the Copyright Board India has the power to grant compulsory or statutory licenses for copyrighted works, even without the permission of the owner.

This usually happens in cases where it’s in the public interest to do so.

However, with the Amendment Act 2012, the functions of the Copyright Board India have been merged with the Intellectual Property Appellate Board (IPAB) to streamline the adjudicatory process related to  disputes.

The Indian  Board/IPAB plays a crucial role in upholding and promoting the rights of creators, thereby fostering a conducive environment for creativity and innovation.

Functions of Copyright Board India

The Copyright Board, or in some jurisdictions, an equivalent body, performs several critical functions related to the enforcement, administration, and interpretation of  law.

Here are some of the key functions of such a Copyright Board India:

  1. Adjudication of Certain Disputes: The  Board serves as a quasi-judicial body that adjudicates certain disputes related to  law. This includes conflicts over infringement, ownership issues, and disagreements regarding licenses and assignments of copyright.
  2. Setting Royalty Rates and Tariffs: One of the important responsibilities of the Board is to determine the rates at which royalties will be paid for the use of copyrighted works in specific scenarios, including broadcasting, performance, and reproduction.
  3. Compulsory and Statutory Licensing: The Board has the power to grant compulsory or statutory licenses under certain circumstances. This involves allowing the use of a copyrighted work without the  holder’s permission, usually in situations where it’s deemed to be in the public interest.
  4. Review of Societies: The Board has oversight over societies, which are organisations that protect and manage the rights of creators on their behalf. It may regulate their functioning and approve their tariffs.
  5. Revisional Powers: In some jurisdictions, the  Board can revise decisions made by the Registrar of Copyrights, providing a means of appeal for  registration decisions.

Power and Function of the Registrar of Copyright

The Registrar of Copyrights is a crucial role appointed under the provisions of the  Act.

This position oversees the operations of the  office, which involves a range of duties and responsibilities.

The specifics can vary from country to country, but the general powers and functions of the Registrar of Copyrights typically include:

  1. Registration of Works: The most prominent function of the Registrar of Copyrights is to maintain a public register of copyrighted works. This includes processing applications, issuing certificates of registration, and keeping records of all works that have been registered.
  2. Enforcement: The Registrar can have a role in the enforcement of copyright laws, potentially working in cooperation with other governmental bodies to ensure that the rights of copyright holders are upheld and that any instances of infringement are dealt with appropriately.
  3. Regulation of Copyright Agents: The Registrar of Copyrights often oversees the certification and regulation of  agents – professionals who represent applicants in their dealings with the  office.
  4. Administrative Decisions: The Registrar can make certain administrative decisions, such as the rejection or approval of  applications. They might also handle disputes related to the authorship and ownership of a work, subject to review by a  board or court.
  5. Public Awareness and Education: The Registrar often plays a role in increasing public awareness and understanding of laws, by publishing guides, brochures, and holding seminars or workshops.
  6. Policy Advice: The Registrar may be involved in providing advice to the government on policy matters and potential legislative changes related to law.

In some jurisdictions, the Registrar also has additional powers related to issues like compulsory licensing and the handling of royalties for certain types of copyrighted works.

As the chief administrative officer of the  office, the Registrar of Copyrights plays a key role in the implementation and administration of law.

Procedure in Application for Registration in Copyright Board India

The process of applying for copyright registration in India is managed by the Office under the Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade, Intellectual Property Office.

Here are the steps to apply:

  1. Prepare Your Application: You need to complete the appropriate form from the Office’s website, depending on the nature of the work. The form will ask for details about the work, the author, and the owner of the copyright (if different from the author).
  2. Pay the Fee: You need to pay the application fee, which depends on the type of work. Payment can typically be made online.
  3. Submit the Application: You can submit the form and fee online through the Copyright Office’s website. Along with the application, you must also submit two copies of the work.
  4. Diary Number: Once the application is filed successfully, a Diary Number will be issued, which you can use to track the status of your application.
  5. Examination: The Copyright Office will examine the application to ensure it is complete and meets all requirements. If there are objections or discrepancies, you will be given a chance to correct them.
  6. Registration: If there are no objections within 30 days (public notice period) from the date of application, or if the objections raised have been cleared, the work is then entered into the Register of Copyrights and the certificate of registration is issued.

Remember, copyright is automatically conferred upon creation of a work in a tangible form.

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However, registration provides a public record of the claim and can be beneficial in case of legal disputes.

Please note that it’s advisable to consult with a legal professional or a  agent to ensure that all legal requirements are met, and your rights are fully protected.

Exclusive Rights for Owners of Copyright by Copyright Board in India

The Copyright Act in India bestows certain exclusive rights on the owners of a copyrighted work.

These rights give the holder the sole privilege to use or authorise others to use the work in specific ways.

Here are the key exclusive rights granted to  owners by the Act of India:

  1. Right of Reproduction: The copyright owner has the exclusive right to reproduce their work or authorise others to do so. This can include making physical copies or digital reproductions of the work.
  2. Right to Issue Copies: The  holder has the exclusive right to issue copies of the work to the public, whether by sale or other transfer of ownership, or by rental, lease, or lending.
  3. Right of Public Performance: For certain types of work, the  owner has the exclusive right to perform or display the work publicly or to authorise others to do so.
  4. Right to Make Adaptations and Translations: The  owner has the right to prepare derivative works based on the original work, which can include adaptations, translations, or other transformations of the work.
  5. Right of Broadcasting: The  owner has the exclusive right to communicate their work to the public by broadcast or any other means of public communication.
  6. Right to Digital Rights Management: The owner also has the right to protect their work from unauthorised reproduction and distribution, including through the use of digital rights management technologies.

Violation of any of these rights without the consent of the owner can amount to  infringement, subject to some exceptions like fair use, educational use, etc.

It’s important to note that these rights are subject to certain limitations and exceptions provided by the law.

The Copyright Board or its current equivalent, the Intellectual Property Appellate Board (IPAB), plays a crucial role in interpreting these rights, resolving disputes related to them, and setting tariffs for their exercise.

For the most accurate and up-to-date information, it’s always advisable to consult with a legal professional or refer to official legal resources.

Legals Actions in Copyright Board India

In India, the Intellectual Property Appellate Board (IPAB), which has subsumed the functions of the Copyright Board, is vested with several powers related to law, including the ability to take certain legal actions.

It serves as a quasi-judicial body that adjudicates on disputes and conflicts related to copyright. Here are some of the legal actions that can be taken:

  1. Adjudication of Disputes: The IPAB handles cases related to the infringement of law. This includes disputes over unauthorised usage, disputes about the assignment of copyright, and disagreements related to licenses.
  2. Issuing Licenses: The Board has the power to issue licenses for copyrighted works in certain circumstances, even without the permission of the owner. This is typically done in cases where it’s in the public interest.
  3. Setting Tariffs: The IPAB determines the tariffs to be paid for the use of copyrighted works, which includes literary, dramatic, musical, and artistic works. This aids in standardising royalty rates and providing clarity for holders and users alike.
  4. Revisional Powers: The IPAB has the power to review and revise decisions made by the Registrar of Copyrights.
  5. Dispute Resolution: The IPAB also resolves disputes related to the functioning of  societies, which are organisations that protect and manage the rights of creators on their behalf.

Legal actions at the IPAB are usually initiated through the filing of an appeal or a petition.

The specific procedures for this can vary based on the nature of the case and other factors.

It’s important to seek legal counsel to understand the specific legal actions that can be taken in a given situation.

Conclusion 

In conclusion, the Board of India, now merged with the Intellectual Property Appellate Board (IPAB), plays a vital role in protecting creators’ rights, adjudicating disputes, and enforcing  laws.

It sets the stage for fostering creativity and innovation, ensuring creators can benefit from their work while maintaining a balance with public interest.

Understanding its functions, procedures, and legal provisions is crucial for anyone dealing with copyrighted material in India.

Frequently Asked Questions

What is the Copyright Board of India?

The Copyright Board of India was a regulatory body responsible for the enforcement and administration of law in the country.

Its functions have now been taken over by the Intellectual Property Appellate Board (IPAB) following the Amendment Act 2012.

What are the functions of the Copyright Board in India? 

The Copyright Board, now the IPAB, was responsible for adjudicating disputes related to copyright, issuing compulsory licenses, determining tariffs for the use of copyrighted works, and overseeing the functioning of societies.

How can I register a copyright in India?

You can register a copyright in India by submitting an application to the Copyright Office, along with two copies of the work and the applicable fees.

Once the application is processed and if no objections are raised within 30 days, the work is entered into the Register of Copyrights.

What are the exclusive rights of a copyright owner in India?

The Copyright Act in India grants the  owner exclusive rights including the right to reproduce the work, to issue copies to the public, to perform the work in public, to make adaptations and translations, and to broadcast the work.

 What happens if someone infringes on my copyright in India? 

If someone infringes on your copyright in India, you can file a lawsuit against them in a District Court.

The IPAB can also adjudicate certain disputes related to  infringement.
Penalties for infringement can include fines and imprisonment.
 

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