Everything You Should Know About Copyright Office & Board Under Indian Copyright Act ,1957
For the purposes of Indian Copyright Act,1957 an office has been established called as the Copyright Office which is under the immediate control of the Registrar of Copyrights who act under the superintendence and direction of the Central Government.
Registrar and Deputy Registrars of Copyrights
The Central Government appoints a registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. A Deputy Registrar of Copyrights discharge functions under the superintendence and direction of the Registrar of Copyrights.
After the commencement of Copyright Act, the Central Government constitutes a Board to be called as the Copyright Board which consists of a Chairman and not less than two or more than fourteen other members.
The Chairman of the Copyright Board is a person who is, or has been, a Judge of a High Court or is qualified for appointment as a Judge of a High Court.
Powers and procedure of Copyright Board
The Copyright Board have power to regulate its own procedure, including the fixing of places and times of its sittings.
The Copyright Board ordinarily hear any proceeding instituted before it under Copyright Act within the zone[specified in section 15 of the States Reorganisation Act, 1956] 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.
The Copyright Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Copyright Board from among its members, each Bench consisting of not less than three members.
If the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.
If there is a difference of opinion among the members of the Copyright Board or any Bench thereof in respect of any matter coming before it for decision under Copyright Act, the opinion of the majority will prevail and where there is no such majority, the opinion of the Chairman will prevail.
The Chairman may authorise any of its members to exercise any of the powers conferred on it by section 74 and any order made or act done in exercise of those powers by the member so authorised shall be deemed to be the order or act, as the case may be, of the Board.
No member of the Copyright Board take part in any proceedings before the Board in respect of any matter in which he has a personal interest.
No act done or proceeding taken by the Copyright Board under the Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
The Copyright Board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973, and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
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