CHAPTER XIV Appeals

17/01/2011 17:50

CHAPTER XIV

Appeals 

71. Appeals against certain orders of Magistrate.  -Any person aggrieved by an order made under

sub-section (2) of section 64 or section 66 may, within thirty days of the date of such order, appeal to

the court to which appeals from the court making the order ordinarily lie, and such appellate court

may direct that execution of the order be stayed pending disposal of the appeal.

72. Appeals against orders of Registrar of Copyrights and Copyright Board. - (1) Any person

aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from

the date of the order or decision, appeal to the Copyright Board.

(2) Any person aggrieved by any final decision or order of the Copyright Board, not being a decision

or order made in an appeal under sub-section (1), may, within three months from the date of such

decision or order, appeal to the High Court within whose jurisdiction the appellant actually and

voluntarily resides or carries on business or personally works for gain;

Provided that no such appeal shall lie against a decision of the Copyright Board under section 6.

(3) In calculating the period of three months provided for an appeal under this section, the time taken

in granting a certified copy of the order or record of the decision appealed against shall be excluded.

73. Procedure for appeals. – The High Court may make rules consistent with this Act as to the

procedure to be followed in respect of appeals made to it under section 72.INDIAN COPYRIGHT ACT, 1957

CHAPTER XV

Miscellaneous 

74. Registrar of Copyrights and Copyright Board to possess certain powers of civil courts.  -

The Registrar of Copyrights and the Copyright Board shall have the powers of a civil court when

trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents;

(e) requisitioning any public record or copy thereof from any court or office;

(f) any other matter which may be prescribed.

Explanation.- For the purpose of enforcing the attendance of witnesses, the local limits of the

jurisdiction of the Registrar of Copyrights or the Copyright Board, as the case may be, shall be limits

of the territory of India.

75. Orders for payment of money passed by Registrar of Copyrights and Copyright Board to

be executable as a decree. –Every order made by the Registrar of Copyrights or the Copyright

Board under this Act for the payment of any money or by the High Court in any appeal against any

such order of the Copyright Board shall, on a certificate issued by the Registrar of Copyrights, the

Copyright Board or the Registrar of the High Court, as the case may be, be deemed to be a decree of

a civil court and shall be executable in the same manner as a decree of such court.

76. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against any

person in respect of anything which is in good faith done or intended to be done in pursuance of this

Act.

77. Certain persons to be public servants. - Every officer appointed under this Act and every

member of the Copyright Board shall be deerned to be a public servant within the meaning of section

21 of the Indian Penal Code.

78. Power to make rules. - (1) The Central Government may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, the Central

Government may make rules to provide for all or any of the following matters, namely :-

(a) the term of office and conditions of service of the Chairman and other members of the Copyright

Board;

(b) the form of complaints and applications to be made, and the licences to be granted, under this

Act;

(c) the procedure to be followed in connection with any proceeding before the Registrar of Copyrights;

(ca)

139

 the conditions for submission of application under sub-section (2) of section 33;

(cb)

140

 the conditions subject to which a copyright society may be registered under sub-section (3) of

section 33;

(cc)

141

 the inquiry for cancellation of registration under sub-section (4) of section 33;

(cd)

142

 the conditions subject to which the copyright society may accept authorisation under clause

(a) of sub-section (1) of section 34 and the conditions subject to which owners of rights have right to

withdraw such authorisation under clause (b) of that sub-section;

(ce)

143

 the conditions subject to which a copyright society may issue licences, collect fees and

distribute such fees amongst owners of rights under sub-section (3) of section 34;

(cf)

l44

 the manner in which the approval of the owners of rights regarding collection and distribution of

fees, approval for utilisation of any amount collected as fees and to provide to such owners

information concerning activities in relation to the administration of their rights under sub-section (1)

of section 35;

(cg)

145

 the returns to be filed by copyright societies to the Registrar of Copyrights under sub-section

(1) of section 36;

(d) the manner of determining any royalties payable under this Act, and the security to be taken for

the payment of such royalties;

(da)

146

 the manner of payment of royalty under clause (j) of sub-section (1) of section 52;

(db)

147

 the form and the manner in which the copyright society shall maintain accounts and other

relevant records and prepare annual statements of accounts and the manner in which the quantum of

remuneration is to be paid to individual owner of rights under sub-section (1) of section 52B;

(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered

therein;

(f) the matter in respect of which the Registrar of Copyrights and the Copyright Board shall have

powers of a civil court;

(g) the fees which may be payable under this Act;

(h) the regulation of business of the Copyright Office and of all things by this Act placed under the

direction or control of the Registrar of Copyrights.

[(3)

148

 Every rule made under this section shall be laid, as soon as may be after it is made, before

each House of Parliament, while it is in session, for a total period of thirty days which may be

comprised in one session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid, both Houses agree

in making any modification in the rule or both Houses agree that the rule should not be made, the

rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.]

79. Repeals, savings and transitional provisions. - (1) The Indian Copyright Act, 1914, and the

Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application

to India by the Indian Copyright Act, 1914, are hereby repealed.

(2) Where any person has, before the commencement of this Act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work

in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or

performance of a work at a time when such reproduction or performance would, but for the coming

into force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or

interests arising from or in connection with such action which are subsisting and valuable at the said

date, unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or

performance agrees to pay such compensation as, failing agreement, may be determined by the

Copyright Board.

(3) Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist

immediately before the commencement of this Act under any Act repealed by sub-section (1).

(4) Where copyright subsisted in any work immediately before the commencement of this Act, the

rights comprising such copyright shall, as from the date of such commencement, be the rights

specified in section 14 in relation to the class of works to which such work belongs, and where any

new rights are conferred by that section, the owner of such rights shall be-

(a) in any case where copyright in the work was wholly assigned before the commencement of this

Act, the assignee or his successor-in-interest;

(b) in any other case, the person who was the first owner of the copyright in the work under any Act

repealed by sub-section (1) or his legal representatives.

(5) Except as otherwise provided in this Act, where any person is entitled immediately before the

commencement of this Act to copyright in any work or any right in such copyright or to an interest in

any such right, he shall continue to be entitled to such right or interest for the period for which he

would have been entitled thereto if this Act had not come into force.

(6) Nothing contained in this Act shall be deemed to render any act done before its commencement

an infringement of copyright if that act would not otherwise have constituted such an infringement.

(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the

application of the General Clauses Act, 1897, with respect to the effect of repeals.

139. Ins. by Act 38 of 1994, s. 78(2).

140. Ins. by Act 38 of 1994, s. 78(2).

141. Ins. by Act 38 of 1994, s. 78(2). 

142. Ins. by Act 38 of 1994, s. 78(2).

143. Ins. by Act 38 of 1994, s. 78(2).

144. Ins. by Act 38 of 1994, s. 78(2).

145. Ins. by Act 38 of 1994, s. 78(2). 

146. Ins. by Act 38 of 1994, s. 78(2).

147. Ins. by Act 38 of 1994, s. 78(2).

148. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984).


© 2011All rights reserved for Dwarkeshvyas