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COPYRIGHT BOARD

FILMA VARGHESETRADE MARK DEPARTMENT

ALTACIT GLOBAL

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The Indian copyright legislation namely the Copyright Act, 1957 provides for three important authorities and institutions for registration of copyright, effective protection of copyright and also for better enforcement of the copyright of owners and others. They are

1. Copyright Office2. Copyright Board3. Copyright Societies

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COPYRIGHT BOARD

It is a body constituted under the Copyright Act for the discharge of certain judicial functions under the Act.Constituted by the Central Government (Section 11 of the Act)The Board was constituted in 1958Not a standing body

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CONSTITUTION OF THE BOARD

ChairmanTwo or more (not exceeding fourteen) membersThe Registrar of the Copyright will perform all secretarial functions of the Copyright Board

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QUALIFICATIONS OF CHAIRMAN

Is either a High Court JudgeHas been a Judge of a High CourtIs qualified for appointment as a Judge of a High Court

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TERM OF CHAIRMAN AND MEMBERS

Five yearsEligible for reappointment

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POWERS AND PROCEDURE OF COPYRIGHT BOARD(Section 12 of the Act)

Hear appeals against the orders of the Registrar of CopyrightPower to regulate its own procedure – fixing of places and times of its sittingsHear any proceedings instituted before it within the zone. For this purpose the territory of India has been divided into the following zones:

1. The Northern zone2. The Central zone3. The Eastern zone4. The Western zone5. The Southern zone

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POWERS AND PROCEDURE OF COPYRIGHT BOARD

Discharge its functions through the Benches constituted by the ChairmanThe Bench shall consists of members, each Bench consisting of not less than 3 membersSpecial Bench consisting of 5 members if the matter is of importanceDifference of opinion among the members of a Bench – Opinion of the majority shall prevailNo such majority – the opinion of the Chairman shall prevailThe Chairman may authorize any of its members to exercise any powers conferred on it by Section 74

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Members shall not take part in any proceedings in which he has a personal interestThe Copyright Board shall not be questioned on the ground merely of the existence of any vacancy in or defect in the constitution of the Board

POWERS AND PROCEDURE OF COPYRIGHT BOARD

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STATUS OF COPYRIGHT BOARD - The Copyright Board shall be deemed to be a Civil Court and have the powers of a Civil Court:

The Copyright Board is deemed to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973.

Summoning and enforcing the attendance of any person and examining him on oath (this jurisdiction extends to the whole of India)Requiring the discovery and production of any documentReceiving evidence on affidavitIssuing commissions for the examination of witnesses and documentRequisitioning any public record or copy thereof from any court or officeAny other matter which may be prescribed

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EXECUTION OF ORDERS OF REGISTRAR AND COPYRIGHT BOARD

Deemed to be a decree of a civil court and will be executable in the same manner as a decree of the civil court.

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PROTECTION OF ACTION IN GOOD FAITH

No suit or other legal proceedings can be taken – done in good faith

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FUNCTIONS OF THE COPYRIGHT BOARD

To decide whether a work has been published or as to the date on which the work was published To settle disputes arising in respect of assignment of copyright To grant compulsory licenses in respect of Indian works withheld from publicTo grant compulsory licenses to publish unpublished Indian works

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To grant compulsory licenses to produce and publish translation of literary and dramatic worksTo grant compulsory licenses to reproduce and publish certain categories of literary, scientific or artistic works for certain purposesTo rectify the register on the application of Registrar of Copyright or of any person aggrieved

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APPEAL

An appeal against all orders except under Section 6 lies to the High court [Section 72 (2)]Within 3 months

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CASE STUDIES

Vandana v Vandana Saree Emporium (1983) PTC 119 at p. 124 (Copyright Board)

The Copyright Board has no powers to limit the user of copyright to any particular territorial area.

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Mukherjee v State (1994) PTC 202

It was held that while exercising its jurisdiction under Section 19 A of the Act relating to settlement of dispute arising out of assignment of copyright, the Copyright Board has no power to decide whether there was any infringement of copyright.

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THANK YOU