CHAPTER
II - COPYRIGHT OFFICE AND COPYRIGHT BOARD
- Copyright
Office:-
- There shall be established
for the purposes of this Act an office
to be called the Copyright Office.
- The Copyright Office shall be under the immediate
control of 639 M.of Law-------7 the Registrar
of Copyrights who shall act under the superintendance
and direction of the Central Government.
- There shall be a seal for the Copyright Office.
- Registrar and Deputy Registrars of
Copyrights:-
- The Central Government shall appoint
a Registrar of Copyrights and may appoint
one or more Deputy Registrars of Copyrights.
- A Deputy Registrar of Copyrights shall
discharge under the superintendence and direction
of the Registrar of Copyrights such functions
of the Registrar under this Act as the Registrar
may, from time to time, assign to him; and
any reference in this Act to the Registrar
of Copyrights shall include a reference to
a Deputy Registrar of Copyrights when so
discharging any such functions.
- Copyright Board:-
- As soon as may be after
the commencement of this Act, the Central
Government shall constitute a Board to be
called the Copyright
Board which shall consist of a Chairman
and not less than two nor more than eight
other members.
- The Chairman and other members of the Copyright
Board shall hold office for such period and
on such terms and conditions as may be prescribed.
- The Chairman of the Copyright Board shall
be a person who is, or has been, a Judge
of the Supreme Court or a High Court or is
qualified for appointment as a Judge of a
High Court.
- The Registrar of Copyrights shall be the
Secretary of the Copyright Board and shall
perform such functions as may be prescribed.
- Powers and procedure of Copyright Board:-
- The Copyright Board shall, subject to any
rules that may be made under this Act, have
power
to regulate its own procedure, including
the fixing
of places and times of its sittings:
Provided
that the Copyright Board shall ordinarily
hear any proceeding instituted before it
under
this Act within the zone 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. Explanation.--------In this
sub-section "zone" means a zone
specified in (37 of 1956) section 15 of
the States Reorganisation Act, 1956.
- The Copyright Board may exercise and discharge
its powers and functions through Benches
constituted by the Chairman of the Copyright
Board from amongst its members, each Bench
consisting of not less than three 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 this Act, the
opinion of the majority shall prevail:
Provided
that where there is no such majority----
- if the Chairman was one of the members
who heard the matter, the opinion of
the Chairman shall prevail;
- if the Chairman was not one of the
members who heard the matter, the matter
shall be referred to him for his opinion
and that opinion shall prevail.
- The Copyright Board may authorize 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 authorized shall be deemed
to be the order or act, as the case may be,
of the Board.
- No member of the Copyright Board shall
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 this 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 for the purposes of Sections 480
and 482 of the Code of Criminal Procedure,
1898(5 of 1898), and all proceedings before
the Board shall deemed to be judicial proceedings
within the meaning of sections 193 and 228
of the Indian Penal Code(45 of 1860).
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