Procedure of Registration of Copyright and Whether Registration is Essential
(Under the Copyright Act, 1957)
Introduction
The Copyright Act, 1957 provides a statutory framework for protection of literary, dramatic, musical, artistic works, cinematograph films and sound recordings. Copyright arises automatically upon creation of an original work. However, the Act also provides a mechanism for registration of copyright under Sections 44 to 50A of Copyright Act 1957 and the Copyright Rules.
Registration serves as strong documentary evidence of ownership, but an important legal question arises — Is registration compulsory? The answer lies in statutory provisions and judicial interpretation.
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Statutory Provisions Relating to Registration
The provisions regarding registration of copyright are contained in:
• Section 44 to Section 50A of the Copyright Act, 1957
• Relevant provisions under the Copyright Rules
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Procedure for Registration of Copyright
The procedure for registration is as follows:-
1. Application to Registrar
An application for registration must be made to the Registrar of Copyright in the prescribed form along with the prescribed fee.
• One application must be made for one work.
• Separate applications are required for separate works.
2. Notice to Interested Persons
The applicant must give notice to:
• Any person who claims copyright in the work
• Any person having beneficial interest
• Any person disputing the applicant’s claim
This ensures transparency and protects third-party interests.
3. Waiting Period for Objections
• Any objection must be filed within 30 days from the date of application.
• If no objection is received, the Registrar proceeds to enter details in the Register.
4. Inquiry in Case of Objection
If objection is filed:
• The Registrar conducts an inquiry.
• After hearing parties, the Registrar decides the matter.
• Entries are then made in the Register accordingly.
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Register of Copyright (Section 44)
A Register of Copyright is maintained at the office of the Registrar. The following entries are made:
1. Name and title of the work
2. Name and address of the author
3. Name and address of the publisher
4. Name and address of the owner of copyright
5. Other prescribed particulars
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Entries in Register (Section 45)
• Application must be filed in prescribed format.
• Prescribed fee must be paid.
• After inquiry and satisfaction, Registrar enters details in Register.
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Indexes (Section 46)
The Registrar maintains indexes of the Register, including:
• Author-wise index
• Title-wise index
• Language-wise author index
• Language-wise title index
These indexes facilitate easy search and verification.
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Inspection of Register (Section 47)
• The Register and Indexes may be inspected upon payment of prescribed fee.
• Copies or extracts may also be obtained.
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Prima Facie Evidence (Section 48)
Entries in the Register serve as prima facie evidence of ownership of copyright.
A certificate issued by the Registrar is considered strong supporting proof in court proceedings.
Case Law:
M/s Manoj Sine Products v. Sundram (AIR 1976 Madras 22)
The Court held that entries in the Register are indicative of existence of copyright.
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Correction of Entries (Section 49)
The Registrar may correct:
• Clerical errors
• Errors in name or address
• Omissions in recording facts
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Rectification of Register (Section 50)
If any person is aggrieved by an entry:
• Application may be made for rectification.
• The authority may remove wrongful entries or correct mistakes.
Case Law:
Devendra Soma Bhai Nayak v. Accurate Transheat Pvt. Ltd. (AIR 2003 Gujarat 141)
The authority dealing with rectification exercises quasi-judicial powers.
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Publication (Section 50A)
The following are published in Official Gazette:
• Particulars of entries made
• Corrections made under Sections 49 and 50
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Whether Registration is Compulsory?
Registration of copyright is not compulsory under the Copyright Act, 1957.
Copyright exists from the moment of creation of the original work. Registration only provides evidentiary value.
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Judicial Decisions on Non-Compulsory Nature
1. R. Madhavan v. S.K. Nayar (AIR 1988 Kerala 39)
Registration is not mandatory for filing suit for infringement.
2. A. Sundaram v. A.C. Trilok Chandra (1973 2 MLJ 290)
Absence of registration does not bar remedy.
3. Salsang v. Karan Chandra (AIR 1972 Cal 533)
No provision in the Act makes registration compulsory.
4. Nav Sahitya Prakashan v. Anand Kumar (AIR 1981 All 200)
Section 44 does not make registration mandatory.
5. M/s Manoj Sine Products Case
Judicial relief can be sought even without registration.
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Importance of Registration
Though not compulsory, registration is beneficial because:
1. It acts as prima facie proof in court.
2. It strengthens ownership claims.
3. It reduces burden of proving authorship.
4. It prevents unnecessary disputes.
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Conclusion
The Copyright Act, 1957 provides a structured procedure for registration under Sections 44–50A. The process involves application, notice, waiting period for objections, inquiry, and entry in the Register.
However, registration is not a condition precedent for protection. Copyright protection is automatic upon creation of an original work. Courts have consistently held that absence of registration does not bar civil or criminal remedies.
Thus, registration is optional but legally advantageous.
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MCQs – Registration of Copyright (Copyright Act, 1957)
Q1. Provisions relating to registration of copyright are contained in:
A. Section 13–20
B. Section 44–50A
C. Section 51–60
D. Section 63–70
Answer: B
Q2. Application for registration of copyright is made to:
A. District Court
B. High Court
C. Registrar of Copyrights
D. Copyright Board
Answer: C
Q3. One application for registration can be made for:
A. Multiple works of same author
B. All works of same publisher
C. One work only
D. All works in same language
Answer: C
Q4. Objections to registration must be filed within:
A. 15 days
B. 30 days
C. 60 days
D. 90 days
Answer: B
Q5. Entries in the Register of Copyright serve as:
A. Conclusive proof
B. Prima facie evidence
C. No evidentiary value
D. Secondary evidence only
Answer: B
Q6. The power to correct clerical errors in the register is given under:
A. Section 44
B. Section 45
C. Section 48
D. Section 49
Answer: D
Q7. Rectification of Register can be ordered by:
A. Civil Court only
B. Registrar only
C. Copyright Board (now Appellate Board/High Court jurisdiction)
D. Police Authority
Answer: C
Q8. Registration of copyright under the Act is:
A. Compulsory
B. Mandatory before filing suit
C. Optional
D. Required only for books
Answer: C
Q9. Publication of entries and corrections in the Official Gazette is provided under:
A. Section 47
B. Section 48
C. Section 50A
D. Section 51
Answer: C
Q10. In R. Madhavan v. S.K. Nair (AIR 1988 Ker 39), the Court held that:
A. Registration is compulsory
B. Registration is required before filing suit
C. Registration is not mandatory for seeking remedy
D. Only registered works are protected
Answer: C
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FAQs – Registration of Copyright
Q1. Is registration of copyright compulsory in India?
- No. Registration is not mandatory. Copyright exists automatically upon creation of an original work.
Q2. Which sections deal with registration of copyright?
- Sections 44 to 50A of the Copyright Act, 1957 and relevant rules under the Copyright Rules.
Q3. Who can apply for registration?
- The author, owner of copyright, or any person claiming interest in the copyright.
Q4. What is the time limit for filing objections?
- Objections must be filed within 30 days from the date of application.
Q5. What happens if no objection is received?
- The Registrar enters the details in the Register of Copyright.
Q6. What is the evidentiary value of registration?
- Entries in the Register are prima facie evidence of the existence of copyright (Section 48).
Q7. Can a suit for infringement be filed without registration?
- Yes. Courts have consistently held that registration is not a precondition for filing an infringement suit.
Q8. Who can rectify errors in the register?
- The Registrar can correct clerical errors (Section 49). Rectification disputes may be decided by the competent authority (earlier Copyright Board).
Q9. What details are recorded in the Register of Copyright?
- Name and title of work, author’s name and address, publisher’s details, owner’s details, and other prescribed particulars.
Q10. Why is registration advisable if it is not compulsory?
- Because it serves as prima facie evidence in court, strengthens the claim of ownership, and simplifies enforcement in infringement cases.
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