What is Copyright Board? And what powers does it have? describe the strengths

(Powers of Copyright Board)

  Under the Copyright Act, 1957, the Copyright Board has the following powers:

 (i) If any question arises whether -

  (a) whether the work has been published or the date on which the work was published for the purposes of the term of copyright, or

  (b) If the period of copyright for any work is shorter in any other country than the period provided under this Act in relation to that work, then it is referred to the Copyright Board constituted under section 11 and in this regard  The decision of the Board is final.

(ii) Disputes regarding assignment of copyright are settled by the Copyright Board.

 (iii) Complaints regarding compulsory license in works withheld from the public are presented before the Copyright Board for decision.

  (iv) The power to grant license for reproduction and publication of literary, scientific or artistic work for certain purposes is vested in the Copyright Board.

  (v) The Copyright Board has the power to decide complaints regarding compulsory license in unpublished Indian works.

  (vi) License to translate and publish a literary or dramatic work is granted by the Copyright Board.

 (vii) Copyright on the application of the Registrar of Copyrights or of any person.  Power to order rectification by making any entry in the register which has been made or omitted to be made by mistake, or by removing any entry made or omitted by mistake in the register, or by correcting any mistake or error in the register.  The copyright is vested in the Board.

Under Section 72, any person aggrieved by any final decision or order of the Registrar of Copyrights may appeal to the Copyright Board within three months from the date of such order or decision.

   (Procedure of Copyright Board)-

  The Copyright Board has the power to regulate its own procedure, which also includes fixing the place and time of its meetings.  The Copyright Board hears any proceeding filed before it ordinarily to the extent that at the time the proceeding is filed the person bringing the proceeding actually and voluntarily resides or carries on business, or is personally engaged for profit.  Works from.  For this purpose, the territory of India is divided into five regions - Northern Region, Central Region, Eastern Region, Western Region and Southern Region.  The states falling under each region are as follows

 northern region -

 Haryana, Punjab, Himachal Pradesh, Rajasthan, Jammu and Kashmir, Capital Territory, Delhi and Union Territory Chandigarh.

The Central Zone -

         Uttar Pradesh and Madhya Pradesh.

 Eastern area

  Vihar, West Bengal, Odisha, Assam, Manipur and Tripura.

 western region

 Gujarat, Maharashtra, Goa and Union Territories of Dadra, Nagar Haveli and Daman Diu.

 Southern region

 Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and Union Territory Puducherry.

 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 is constituted of at least three members.  Where an important case needs to be heard by a larger bench, the case is heard by a special bench consisting of five members.  The case is decided on the basis of majority.  In case there is no majority, the opinion of the Chairman of the Board prevails.

  The Chairman may authorize any of his members to exercise any of the powers conferred on him by section 74 (certain powers of a civil court to the Registrar of Copyrights and the Copyright Board) and the exercise of those powers by such authorized member  Any order given or any act done is deemed to be an order or act of the Board.

If any member of the Copyright Board has personal interest in any matter, he cannot take part in any proceedings related to that matter before the Board.

      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, and all proceedings before the Board are deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860.

     Under Section 74, the Registrar of Copyrights and the Copyright Board get those powers which the Civil Court gets while trying the case under the Code of Civil Procedure, 1908.  Those powers are as follows - (a) to summon and enforce the attendance of any person and to examine him on oath;

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

  (c) Taking evidence on affidavit

  (d) To appoint a commission for the examination of witnesses and documents.

  (e) Requiring any withholding record or its copy from any court or office

  (f) any other matter which may be prescribed.

Formation of Copyright Board and Office

  In order to make the successful implementation of Copyright Act and the applicability of its provisions efficient, arrangements have been made for the establishment of Copyright Board and Copyright Office.

  Copyright Office (i) There shall be established for the purposes of this Act, an office to be called the Copyright Office.

  (ii) The Copyright Office shall be under the direct control of the Registrar of Copyrights who shall function under the superintendence and direction of the Central Government.

  (iii) There shall be a currency for the Copyright Office.

            In Section 9 of the Act, a provision has been made to establish an office for the purposes of the Act, which will be known as "Copyright Office".  This office-

  (i) shall be under the direct control of the Registrar of Copyrights;  And

 (ii) Will work under the superintendence and direction of the Central Government.

     This office will have its own currency which will be used for official work.

Registrar and Sub-Registrar of Copyrights

  (1) The Central Government shall appoint a Registrar of Copyrights and may also appoint one or more Sub-Registrar of Copyrights.

 (2) The Sub-Registrar of Copyrights shall, subject to the superintendence and direction of the Registrar of Copyrights, perform such functions of the Registrar under this Act as the Registrar may from time to time assign to him, and subject to any reference in this Act to the Registrar of Copyrights,  shall also include a reference to the Sub-Registrar of the Registrar, if he is discharging any such functions.

   Under Section 10, provision has been made regarding the appointment of 'Registrar' and 'Sub-Registrar' for copyright.  Such appointments will be made by the Central Government.  The Sub-Registrar shall work under the superintendence and direction of the Registrar and shall discharge such functions of the Registrar as may be assigned to him by the Registrar from time to time.  Under this Act, wherever reference has been made to the Registrar, such reference will also be deemed to be made to the Sub-Registrar, provided that he is discharging the functions of the Registrar.

Copyright Board (i) As soon as may be after the commencement of this Act, the Central Government shall constitute a Board to be called the Copyright Board, consisting of a Chairman and not less than two and not more than fourteen other members.

  (ii) The Chairman and other Members of the Copyright Board shall hold office for such term and on such terms and conditions as may be prescribed.

 (iii) The Chairman of the Copyright Board shall be a person who is or has been a Judge of a High Court or who is qualified to be appointed a Judge of a High Court.

 (iv) The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall perform such functions as may be prescribed.

  Section 11 provides for the constitution of a "Copyright Board".  Such a board will be constituted by the Central Government, which will have a Chairman, at least two and maximum 14 members.

  The term, terms and conditions of service of the Chairman and members shall be such as may be prescribed. A person may be appointed to the post of Chairman, who -

 (a) is or has been a Judge of a High Court, or

 (b) Who qualifies for being appointed as a judge of the High Court.

 The Registrar of Copyrights shall be the 'Secretary' of the Copyright Board who shall discharge such functions as may be prescribed.

   The following five rights are available to the copyright owner under the Copyright Act, 1957:

1. Statutory Rights – Copyright in a work is created by statute.  A person has ownership in a copyright because law recognizes the existence of such right.  Under the Act, the rights of the author of the work have been clearly defined.  The meaning of "copyright" is provided under Section 14, according to which, for the purposes of this Act, "copyright" means the right to do any of the following things in relation to a work or any substantial part of it, subject to the provisions of this Act:  or exclusive power to authorize its doing-

 (a) in the case of a literary, dramatic or musical work, not being a computer programme,—

 (i) reproducing the work in any substantial form, including storing it in any electronic medium of communication;

  (ii) to make available to the public copies of the work not already in circulation;

  (iii) performing the work publicly or communicating it to the public;

  (iv) making any motion picture or recording in relation to the work;

 (v) To prepare a translation of the work;

 (vi) making any adaptation of the work;

  (vii) To do any of the works in relation to the translation or adaptation of the work which are specified in sub-section (i) and sub-section (iv) in relation to the work.

(b) in the case of a computer programme,—

 (i) to perform any of the functions specified in clause (a);

 (ii) Selling or giving on commercial hire or offering for sale or giving on commercial hire any copy of a computer programme.  Provided that such commercial rental does not apply in respect of computer programs where the program itself is not the essential object of the rental.

  (c) in the case of any artistic work –

  (i) reproducing the work in any substantial form, including the depiction of a two-dimensional work in three dimensions or a three-dimensional work in two dimensions,

  (ii) to communicate the work to the public;

  (iii) to make available to the public copies of the work not already in circulation;

 (iv) incorporating the work into a motion picture film;

  (v) making any adaptation of the work;

 (vi) To do any of the works in relation to the adaptation of the work which are specified in sub-clause (ⅰ) to sub-clause (iv) in relation to the work.

  (d) in the case of a cinematograph film – (i) making a copy of the film, including a photograph of any image forming part of the film:

(ii) selling or letting or offering for sale or hire any copy of a film, irrespective of whether such copy has previously been sold or given on hire;

 (iii) To communicate publicly the film:

  (e) in the case of any sound recording –

 (i) making any other recording incorporating it;

  (1) Selling or letting, or offering for sale or hire, a phonographic copy, irrespective of whether such copy has previously been sold or given on hire,

  (iii) To communicate the recording to the public.

 A copy once sold is deemed to be already in circulation.

2. Negative Rights- Copyright is legally related to the negative right to prevent copying of physical works existing in the field of literature and art.  Its objective is to provide protection to the work of a writer or artist by prohibiting illegal reproduction.  Under Section 4, copyright gives the author the exclusive right to do or authorize the doing of works in relation to the work or any substantial part of it.  As a result of this exclusive right, the work cannot be used for its own benefit by anyone other than the copyright owner unless the copyright owner gives his consent or issues a license.  If a person uses a copyrighted work without the property of the copyright owner or the license issued by him, then it is considered a copyright infringement.

  3. Multiple Rights- Copyright is a group of rights.  It includes different types of rights which can be used separately and independently.  The nature of these multiple rights depends on the nature of the work, namely-

  (i) Original literary, dramatic and musical works;

 (ii) Movie screening: and

 (iii) Sound Recording.

     For the purpose of defining exclusive rights, literary, dramatic and musical works have been kept in one category.  The rights related to motion picture film and sound recording have been kept in a separate category from artistic work.

4. Economic Rights: The rights granted to the copyright owner by Section 14 are economic rights, because by using these rights, the creator of the work, who is the first owner of the copyright, can get economic benefits.  In the background of copy protection, economic element predominates, hence it is given protection.  The creator can derive economic benefit from the use of his work himself or by granting ownership, he can give consent or license for the use of the work by someone else.

  5. Moral Rights- Apart from the right to get economic benefits, copyright also provides moral rights to the creator.  Moral rights are not legally defined.  The moral rights of the author include the following rights, namely (i) the right to decide whether or not to publish the work (right to publish);  (ii) The right to claim authorship over a published or displayed work, and (iii) The right to prevent changes and other actions that may damage the honor or reputation of the author (right to integrity).

Some of these rights have been recognized by the Berne Convention, under which member states are expected to claim authorship and make provisions for the right to object to changes.  Even after the copyright is transferred by the creator, moral rights remain with him for the entire duration of the copyright.

     Under Section 57, moral rights have been recognized as “special rights of the author”.  According to section 57, separately from the author's copyright and even after the assignment of the said copyright in whole or in part, the author of a work may be entitled to-

 (a) claiming to be the author of the work;  And

 (b) any distortion, mutilation and modification of the said work or any other work in relation to the said work which is done before the expiry of the period of copyright, if such distortion, mutilation, modification or  If any other work adversely affects his reputation or goodwill, he has the right to block it or claim damages in respect of it.