Copyright: Its History and Its Law

PART VII.--REGISTRATION OF COPYRIGHTS

Chapter 24919 wordsPublic domain

{Sidenote: Copyright registers}

64. _Copyright Registers._--The following Registers of copyrights shall be kept by the Registrar at the Copyrights Office:--

The Register of Literary Copyrights. The Register of Fine Arts Copyrights. The Register of International and State Copyrights.

{Sidenote: Method of registration}

65. _Method of registration._--The owner of any copyright performing right or lecturing right under this Act may obtain registration of his right in the manner prescribed.

{Sidenote: Registration of assignments and transmissions}

66. _Registration of assignments and transmissions._--When any person becomes entitled to any copyright performing right or lecturing right under this Act by virtue of any assignment or transmission, or to any interest therein by licence, he may obtain registration of the assignment, transmission, or licence in the manner prescribed.

{Sidenote: How registration effected}

67. _How registration effected._--The registration of any copyright performing right or lecturing right under this Act, or of any assignment or transmission thereof or of any interest therein by licence, shall be effected by entering in the proper register, the prescribed particulars relating to the right, assignment, transmission, or licence.

{Sidenote: Trusts not registered}

68. _Trusts not registered._--(1.) No notice of any trust expressed, implied, or constructive shall be entered in any Register of Copyrights under this Act or be receivable by the Registrar.

(2.) Subject to this section, equities in respect of any copyright performing right or lecturing right under this Act may be enforced in the same manner as equities in respect of other personal property.

{Sidenote: Register to be evidence}

69. _Register to be evidence._--Every Register of copyrights under this Act shall be _prima facie_ evidence of the particulars entered therein and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyrights Office shall be admissible in evidence in all Federal or State courts without further proof or production of the originals.

{Sidenote: Certified copies}

70. _Certified copies._--Certified copies of entries in any register under this Act or of extracts therefrom shall, on payment of the prescribed fee, be given to any person applying for them.

{Sidenote: Inspection of register}

71. _Inspection of register._--Each register under this Act shall be open to public inspection at all convenient times on payment of the prescribed fee.

{Sidenote: Correction of register}

72. _Correction of register._--The registrar may, in prescribed cases and subject to the prescribed conditions, amend or alter any register under this Act by--

(_a_) correcting any error in any name, address, or particular; and

(_b_) entering any prescribed memorandum or particular relating to copyright or other right under this Act.

{Sidenote: Rectification of register by the court}

73. _Rectification of register by the court._--(1.) Subject to this Act the Supreme Court of any State or a judge thereof may, on the application of the Registrar or of any person aggrieved, order the rectification of any register under this Act by--

(_a_) the making of any entry wrongly omitted to be made in the register; or

(_b_) the expunging of any entry wrongly made in or remaining on the register; or

(_c_) the correction of any error or defect in the register.

(2.) An appeal shall lie to the High Court from any order for the rectification of any register made by a Supreme Court or a Judge under this section.

{Sidenote: No suit before registration}

74. _Owner cannot sue before registration._--(1.) The owner of any copyright or performing right under this Act or of any interest therein by licence shall not be entitled to bring any action or suit or institute any proceedings for any infringement of the copyright or performing right unless such right or interest has been registered in pursuance of this Act.

(2.) When such right or interest has been registered the owner thereof may, subject to this Act, bring actions or suits or institute proceedings for infringements of the copyright or performing right, whether those infringements happened before or after the registration.

(3.) This section shall not affect the right of the owner of the lecturing right in a lecture to bring actions or suits or institute proceedings for infringements of his lecturing right.

{Sidenote: Deposit}

75. _Delivery of books to registrar._--(1.) Every person applying for the registration of the copyright in any book shall deliver to the Registrar two copies of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published and bound, sewed, or stitched together, and on the best paper on which the book is printed.

(2.) Every person applying for the registration of the copyright in any work of art shall deliver to the Registrar one copy of the work of art or a photograph of it.

(3.) The Registrar shall refuse to register the copyright in any book or work of art until subsections (1) and (2) of this section have been complied with.

(4.) One copy of each book delivered to the Registrar in pursuance of this section shall be forwarded by him to the librarian of the Parliament, and the other copy shall be retained by the Registrar, until otherwise prescribed.

{Sidenote: False representation}

76. _False representation to registrar._ _Patents Act, 1903, s. 112._--No person shall wilfully make any false statement or representation to deceive the Registrar or any officer in the execution of this part of this Act, or to procure or influence the doing or omission of any thing in relation to this part of this Act or any matter thereunder.

Penalty: Three years' imprisonment.