Section 45 of the Copyright Act 1957 - Entries in Register of Copyrights
Section 45 of the Copyright Act, 1957 provides the statutory mechanism for applying to the Registrar of Copyrights to enter particulars of a work in the Register of Copyrights.
What Section 45 provides
Section 45 permits the author, publisher, copyright owner, or another person interested in the copyright in a work to apply in the prescribed form, with the prescribed fee, to the Registrar of Copyrights for registration of particulars of that work.
Section 45 - statutory text
(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights.
Proviso for certain artistic works: Where an artistic work is used or is capable of being used in relation to goods or services, the application must contain the required statement and be accompanied by the certificate contemplated by Section 45 concerning identical or deceptively similar trade marks.
(2) On receiving an application under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as considered appropriate, enter the particulars of the work in the Register of Copyrights.
Meaning and practical effect
The provision identifies who may seek an entry, requires use of the prescribed application procedure and fee, and gives the Registrar power to conduct an inquiry before making the entry. For artistic works connected with goods or services, the additional trade mark-related requirement is intended to address possible conflict with an identical or deceptively similar trade mark.
Application procedure under the Copyright Rules
The Copyright Office presently provides copyright registration through Form XIV. Rule 70 of the Copyright Rules, 2013 governs the registration application procedure. Applicants should use the current prescribed form, statements, supporting documents and fee requirements applicable to the relevant class of work.
Related provisions
Section 44 concerns the Register of Copyrights. Section 46 concerns indexes. Section 47 deals with the form and inspection of the Register, while Section 48 addresses the evidentiary status of entries. Sections 49 and 50 deal respectively with correction and rectification of the Register.
Amendment note
The proviso to Section 45(1) was inserted in 1984. The Copyright (Amendment) Act, 2012 substituted the expression referring to use in relation to "goods or services" and updated the cross-reference to the Trade Marks Act, 1999.
Disclaimer: This page is for general legal information. For a filing or dispute, verify the current Act, Rules, forms, fees and Copyright Office requirements applicable to the particular work.