No.F.
GOVERNMENT OF INDIA
MINISTRY OF HUMAN
RESOURCE DEVELOPMENT
(DEPARTMENT. OF
EDUCATION)
Copyright Office
B-2/W-3, Curzon
Road Barracks
K.G. Marg, New
Delhi – 110001
Tel : (011)
23382458; 23382549 Ext.31
Dated the
To
Sir/Madam,
Would you kindly refer to your letter dated
…………………… enquiring about the procedure for the registration of Copyrights.
1. Section 44 of the Copyright Act,
1957 (14 of 1957) provide for the registration of allworks in which copyright
subsists.
2. Chapter IV of the Copyright Rules,
1956 sets out the procedure for the registration of a work. These Rules have
been amended by the Ministry of Human Resource Development (Department of
Education) Notification No.GSR 602(E) published in the Gazette of India
(extraordinary) Part III, Section 3, Sub Section (i) dated 10-8-1984, copies of
the Act and Rules can be obtained from the Manager of Publications, Publication
Branch, Civil Lines, Delhi or his authorized dealers on payment. (The Copyright
Rules have been further amended vide Gazette Notification GSR(E) dated 27th
April, 1992). The procedure for registration is as follows:
a. Application for registration is to
be made on Form IV (including Statement of Particulars and Statement of Further
Particulars) as prescribed in the first schedule to the Rules, as amended;
b. Separate applications should be made
for registration of each work;
c. Each application should be
accompanied by the requisite fee prescribed in the second schedule to the
Rules, as amended; and
d. The applications should be signed by
the applicant and if he has an advocate in whose favour a Vakalatnama or Power
of Attorney has been executed, should also be signed by the Advocate. Each and
every column of the Statement of Particulars and Statement of Further
Particulars should be replied specifically.
3. Both published and unpublished works
can be registered. Copyright in works published before 21st January, 1958,
i.e., before the Copyright Act, 1957 came in force, can also be registered,
provided the works are still in Copyright. Three copies of published work may
be sent along with the application. If the work to be registered is
unpublished, a copy of the manuscript has to be sent along with the application
for affixing the stamp of the Copyright Office in profit of the work having
been registered.In case two copies of the manuscript are sent, one copy of the
same duly stamped will be returned, while the other will be retained as far as
possible in this office for record and will be kept confidential. It would also
be open to the applicant to sent only extracts from the unpublished work
instead of the whole manuscript and ask for the return of the extracts after
being stamped with the seal of the Copyright Office.
4. When a work has been registered as
Unpublished and subsequently is it published, the applicant may apply for
changes in particulars entered in the Register of Copyright in Form V as
prescribed in the first schedule to the Copyright Rules, 1958, along with the
prescribed fee and in accordance with Rule 16 of the Copyright Rules, 1958.
5. To facilitate reference, relevant
extracts from the Copyright Act, 1957 and the Copyright Rules, 1958 as amended,
along with a specimen copy of the Form IV are sent herewith. Applications may
be made on plain paper in accordance with Form IV, as this office does not
supply blank application forms. A copy of the instructions for filling up the
forms is also enclosed.
Yours faithfully,
Dy. Registrar of Copyrights
Encls: As above.
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