Section 44 of Copyright Act 1957 - Register of Copyrights

Section 44 of the Copyright Act, 1957 provides for maintenance of the Register of Copyrights at the Copyright Office. The provision identifies the principal information concerning copyrighted works, authors, publishers and copyright owners that may be entered in the Register.

Section 44 - Register of Copyrights

There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.

Meaning and Scope of Section 44

Section 44 establishes the statutory Register of Copyrights. The Register is maintained at the Copyright Office and serves as the official record in which prescribed particulars concerning registered works and persons connected with those works may be entered.

The provision should be read with the other provisions in Chapter X of the Copyright Act dealing with registration of copyright. In particular, Section 45 deals with entries in the Register of Copyrights, Section 46 concerns indexes, Section 47 deals with the form and inspection of the Register, and Section 48 addresses the evidentiary effect of entries in the Register.

What is the Register of Copyrights?

The Register of Copyrights is the register required by Section 44 to be kept at the Copyright Office in the prescribed form. Depending upon the applicable requirements, the Register may contain particulars relating to a work and persons having an interest in the copyright.

The statutory provision specifically refers to particulars such as:

the name or title of the work;
the name and address of the author;
the name and address of the publisher;
the name and address of the owner of copyright; and
other particulars prescribed under the applicable rules.

Copyright Office

The Copyright Office is the statutory office established under Section 9 of the Copyright Act, 1957. Section 44 requires the Register of Copyrights to be kept at that office.

The official Copyright Office portal presently provides online copyright registration facilities, application status services, forms, the Copyright Act and Rules, notifications and access to E-Register facilities.

Is Copyright Registration Mandatory?

Section 44 concerns maintenance of the Register of Copyrights. It should not by itself be read as stating that copyright comes into existence only after an entry is made in the Register. The existence, ownership, registration and evidentiary consequences of copyright must be considered under the Copyright Act as a whole and according to the facts relating to the particular work.

Important: Section 44 establishes the Register. Applications for making entries in the Register are dealt with principally under Section 45 and the applicable Copyright Rules.

Related Provisions of the Copyright Act

The following provisions are particularly relevant when reading Section 44:

Practical Importance of Section 44

Section 44 provides the statutory foundation for maintaining an organised record of registered copyright particulars. Together with Sections 45 to 50 and the applicable rules, it forms part of the statutory framework governing entries, inspection, evidentiary use, correction and rectification of the Register of Copyrights.

For registration procedures, prescribed forms, application status and current administrative requirements, users should verify the latest information published by the Copyright Office, Government of India.