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Section 28: Costs

The Copyright Rules, 1958Central Rules · 1957

The cost of, and incidental to, the proceedings before the Copyright Board or the Registrar of Copyrights shall be in the discretion of the Copyright Board or the Registrar of Copyrights, as the case may be.

FIRST SCHEDULE FORM I Notice of Relinquishment of Copyright [See rule 5] To The Registrar of Copyrights, Copyright Office, New Delhi.

Sir, In accordance with section 21 of the Copyright Act, 1957 (14 of 1957), I hereby give notice that, with effect from the date of this notice, I do relinquish, to the extent specified in the enclosed affidavit, my rights in the work described in the said affidavit.

Yours faithfully, Place............

Date...............

(Signature) Form of Affidavit referred to above I,.............................................................................................................................................

...................................., of (full name in block letters) ................................................................................................................................................

.................... do hereby or (address) solemnly affirmation state that—

(1) I am the author of the work described in the statement below;

(2) I am the owner of the copyright in the said work to the extent specified in the said statement; and

(3) I do hereby relinquish my rights in the said work to the extent specified in the said statement :

STATEMENT Description of the work :

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the works.

(c) Full name, address and nationality of the author.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of first publication.

(g) Country of first publication.

(h) If the copyright in the work is regstered under section 45, the Registration number.

2. Rights owned by the deponent on the date of the affidavit.

(If the rights are owned jointly with others, state names, addresses and nationalities of the joint owners.)

3. Extent to which rights are relinquished.

4. Reasons for reliquishment of the rights.

(The information given here will be kept strictly confidential).

5. Remarks, if any.

Place...............

Date................ (Signature) Solemnly affirmed before me by ...........................................................................................................................................

who is known to me personally/ (name of deponent in block letters) who is identified to me by............................................................................................................................................

......../ (name of identifier in block letters) who is known to me personally.

Place................

Date.................

(Signature and seal of the Magistrate) FORM II Application for a licence for translation [See rule 6] (To be submitted in triplicate) To The Registrar of Copyrights/Secretary, Copyright Board, Copyright Office, New Delhi.

Sir, In accordance with section 32 of the Copyright Act, 1957 (14 of 1957), I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work in accordance with the particulars given in the enclosed statement.

2. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.

Yours faithfully, Place.........

Date..........

(Signature) STATEMENT

1. Full name of the applicant...............................................................................................

(in block letters)

2. Full address and nationality of the applicant.

3. Telegraphic address, if any.

4. Description of the work :

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the work.

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of first publication.

(g) Country of first publication.

(h) Price of a copy of the work.

(i) If the copyright in the work is registered under section 45, the Registration number.

5. Language into which the work is proposed to be translated.

6. Full name, qualifications and address of the translator.

7. Qualification of the applicant to produce and publish the translation.

8. Number of copies of the translation proposed to be published.

9. Estimated cost of production and publication of the translation.

10. Proposed retail price per copy of the translation.

11. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.

12. Means of the applicant for payment of the royalty.

13. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury challan number).

14. (a) Full name, address and nationality of the person competent to issue a licence for translation.

(b) Whether the applicant was able to find the said person.

(c) Whether the applicant had requested and had been defined authorisation by the said person to produce and publish the translation.

(d) If the applicant was unable to find that owner, whether he had sent a copy of the request for authorisation to the publisher. If so, the date on which the copy was sent.

15. Whether the author of the work has withdrawn from circulation copies of the work.

16. (a) Whether a translation in the same language has been published before.

(b) Whether the earlier translation is out-of-print.

(c) Full name, address and nationality of the earlier translator and, if the said translator is deceased, the date of his decease.

(d) Title of the earlier translation.

(e) Full name, address and nationality of the publisher of the earlier translation.

(f) Year of publication.

(g) Price per copy of the earlier translation.

(h) If the earlier translation is registered under section 45, the Registration number.

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.

17. (a) Whether translation has been made into any language other than the language stated in 5 above.

(b) Full name, address and nationality of the translator and, if the said translator is deceased, the date of his decease.

(c) Title of the translation.

(d) Language of the translation.

(e) Full name, address and nationality of the publisher of the translation.

(f) Year of publication.

(g) Price per copy of the translation.

(h) If the translation is registered under section 45, the Registration number.

(i) Rate and amount of royalty paid to the copyright owner, if known.

18. Remarks, if any.

19. List of enclosures.

Place............

Date.............

(Signature) FORM II-A Application for a licence for publication/translation/reproduction [See Rule 11A] (To be submitted in triplicate) To The Registrar of Copyrights/Secretary, Copyright Board, Copyright Office, New Delhi.

Sir,

1. In accordance with section 31/32/32A of the 2[Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish an unpublished Indian work, or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement.

2. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.

3. I hereby verify that the particulars given in this form are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Place...........

Date............

Yours faithfully, (Signature) STATEMENT

1. Full name of the applicant............................................................................................

(In block letters)

2. Full address and nationality of the applicant.

3. Telegraphic address, if any.

4. Description of the work :

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the work.

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of first and last publication.

(g) Country of first and last publication.

(h) Price of a copy of the work.

(i) If the copyright in the work is registered under section 45, the Registration Number.

5. If the licence is applied for translation, state :

(a) Language into which the work is proposed to be translated.

(b) Full name, qualifications and address of the translator.

(c) Qualifications of the applicant to produce and publish the translation.

6. Indicate the purpose for which the licence is required.

7. Number of copies of work proposed to be published under the licence applied for.

8. Estimated cost of the work to be published.

9. Proposed retail price per copy of the work.

10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.

11. Means of the applicant for payment of the royalty.

12. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number).

13. (a) Full name, address and nationality of the person competent to issue a licence.

(b) Whether the applicant after due diligence on his part was unable to find the owner.

(c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work.

(d) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered air mail post to the publisher whose name appears on the work. If so, the date on which the copy was sent.

14. Whether the author of the works has withdrawn from circulation copies of the work.

15. In case of application for translation furnish following additional information :—

(a) Whether a translation in the same language has been published before.

(b) Whether the earlier translation is out of print.

(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease.

(d) Title of the earlier translation.

(e) Full name, address and nationality of the publisher of the earlier translation.

(f) Year of publication.

(g) Price per copy of the earlier translation.

(h) If the earlier translation is registered under section 45, the Registration Number.

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.

16. (a) Whether translation has been made into any language other than the language stated in 5 above.

(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease.

(c) Title of the translation.

(d) Language of the translation.

(e) Full name, address and nationality of the publisher of the translation.

(f) Year of publication.

(g) Price per copy of the translation.

(h) If the translation is registered under section 45, the Registration Number.

(i) Rate and amount of royalty paid to the copyright owner, if known.

17. Remarks, if any.

18. List of enclosures.

Place..............

Date................ (Signature) FORM II-B [See rule 11G] To ............................................

............................................

............................................

Sir, 2[In accordance with first proviso to sub-section (1) or the first proviso to sub-section (2) of section 32B of the Copyright Act, 1957 (14 of 1957)], I hereby give notice, that copies of translation/reproduction of the work given below (mention language) have been published by me/under my authorization.

Place............

Date............. Yours faithfully, (Signature) STATEMENT

1. Title of the work.

2. Name and address of the owner of copyright.

3. Year and country of first publication and name, address and nationality of the publisher.

4. Name and address of the author who has translated the work.

5. Name and address of the publisher and year in which the translation has been published in India.

6. Name and address of the publisher and year in which the reproduction of the work has been published in India.

7. Retail price of the published work.

FORM II-C [See rules 12 and 13] Application form for permission to carry on copyright business and for registration as a copyright society*

1. Names and addresses of the persons forming the association of persons (in capital letters) (hereinafter referred to as “applicant”)

2. The profession or occupation of such persons

3. Details of works in which copyright or other rights of such individuals subsist

4. The class or category of works or the rights in respect of which the applicant proposes to carry on the copyright business.

5. The territory or territories to which the business shall extend

6. The name in which the applicant desires registration as copyright society

7. The names and addresses of individuals comprising the governing body (by whatever name called) of the applicant in whom the ultimate management, control and direction of the applicant is vested

8. Address of the registered or administrative office of the applicant at which its records will be maintained and kept and the designation of the chief executive officer of the applicant with address on whom communications may be served.

9. Financial position of the applicant on the date of making the application i.e., last audited balance sheet and income and expenditure account/bank balance.

10. Signature along with the name of the members of the governing body

11. Name and signature of the chief executive Place..........................

Date.............................

*In the case of a performing rights society functioning as such immediately before the commencement of the Copyright (Amendment) Act, 1994, the application shall be accompanied by any documentary proof in support of its claim of functioning as a performing right society.

FORM II-D [See rule 14B] Certificate of registration under section 33(3) of the Copyright Act, 1957 It is certified that..............(name of the society and address) has been registered by the Central Government, vide Registration No.............as a copyright society under subsection (3) of section 33 of the Copyright Act, 1957 (14 of 1957) and permitted to commence and carry on the copyright business in..........................(here indicate the name of the particular class of works).

The registration and the permission hereby granted are subject to the following conditions and liable to be cancelled on non-compliance with, or contravention of, any of them, namely :—

(i) that the particulars furnished in the application are true and correct and not misleading in any manner; and

(ii) that the copyright society shall duly comply with all the obligations imposed on it by or under the Copyright Act, 1957 (14 of 1957) and the Copyright Rules, 1958.

New Delhi Date................. (Seal) Registrar of Copyrights FORM III Form of Register of Copyrights [See rule 15]

1. Registration number.

2. Name, address and nationality of the applicant.

3. Nature of the applicant’s interest in the copyright of the work.

4. Class and description of the work.

5. Title of the work.

6. Language of the work.

7. Name, address and nationality of the author and, if the author is deceased, the date of his decease.

8. Whether work is published or unpublished.

9. Year and country of first publication and name, address and nationality of the publisher.

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publishers.

11. Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licences, if any.

12. Names, addresses and nationalities of other persons, if any, authorised to assign or license the rights comprising the copyright.

13. If the work is an artistic work the location of the original work, including name, address and nationality of the person in possession of it (in the case of an architectural work, the year of completion of the work should also be shown.)

14. Remarks, if any.

FORM IV Application for Registration of Copyright [See rule 16] To The Registrar of Copyrights, Copyright Office New Delhi.

Sir, In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed statement of particulars sent herewith in triplicate.

I also send herewith duly completed the statement of further particulars relating to the work.

2. In accordance with rule 16 of the Copyright Rules, 1958, I have sent by pre-paid registered post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown below :

Names and addresses of the parties Date of despatch 1 2

3. The prescribed fee has been paid, as per details below :

.............................................................................................................................................................

.................................

4. Communications on this subject may be addressed to :

.............................................................................................................................................................

.................................

5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.]

6. I hereby verify that the particulars given in this Form and the Statement of Particulars and Statement of further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.]

5. List of enclosures.

Place................. Yours faithfully, Date.................. (Signature) STATEMENT OF PARTICULARS (To be sent in triplicate)

1. Registration number (To be filled in the Copyright Office)

2. Name, address and nationality of the applicant

3. Nature of the applicant’s interest in the copyright of the work

4. Class and description of the work

5. Title of the work

6. Language of the work

7. Name, address and nationality of the author and, if the author is deceased, the date of his decease

8. Whether work is published or unpublished

9. Year and country of first publication and name, address and nationality of the publishers.

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher.

11. Names, address and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignment and licences, if any.

12. Names, addresses and nationalities of their persons, if any, authorized to assign or license the rights comprising the copyright.

13. If the work is an “artistic work”, the location of the original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown).

1[13-A. If the work is an ‘artistic work’ which is used or is capable of being used in relation to any goods, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]

14. Remarks, if any.

Place............

Date............ (Signature) STATEMENT OF FURTHER PARTICULARS (For Literary, Dramatic, Musical and Artistic Works only) (To be sent in triplicate)

1. Is the work to be registered—

(a) an original work ?

(b) a translation of a work in the public domain ?

(c) a translation of a work in which copyright subsists ?

(d) an adaptation of a work in the public domain ?

(e) an adaptation of a work in which copyright subsists ?

2. If the work is a translation or adaptation of a work in which copyright subsists :

(a) Title of the original work.

(b) Language of the original work.

(c) Name, address and nationality of the author of the original work and, if the author is deceased, the date of his decease.

(d) Name, address and nationality of the publisher, if any, of the original work.

(e) Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorising.

3. Remarks, if any.

Place..............

Date............... (Signature) FORM V Application for registration of changes in the particulars of copyright entered in the Register of Copyrights [See rule 16] To The Registrar of Copyrights, Copyright Office, New Delhi.

Sir, In accordance with rule 16 of the Copyright Rules, 1958, I hereby apply for registration of changes in the particulars of copyright entered in the Register of Copyrights and request that changes in the existing entries may be made as specified in the enclosed statement of particulars.

2. I have sent by registered post copies of this letter and of the statement of particulars to the other parties concerned as shown below :

Names and addresses of parties Date of despatch 1 2

3. The prescribed fee has been paid, as per details below :

................................................................................................................................................

..............................................

4. Commissioner on subject may be addressed to :

................................................................................................................................................

..............................................

5. I hereby declare that, to the best of my knowledge and belief, no person other than to whom a notice has been sent as per paragraph 2, has any claim, interest or dispute to my copyright of this work, or to its use by me.]

6. I hereby verify that the particulars given in this Form and the Statement of particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.]

Yours faithfully Place..................... (Signature) Date.......................

STATEMENT OF PARTICULARS

1. Registration number in the Register of Copyrights.

2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.

Reference to column number of the Register of Copyrights Existing entry in the Register of Copyrights Proposed entry in place of the existing entry in the Register of Copyrights Reasons for the changes proposed 1 2 3 4 Note.— Where the changes proposed are consequent on assignment or licences of copyright, attested copies of the deeds of assignments or licences should be enclosed.

3. List of enclosures.

Place......................

Date....................... (Signature) FORM VI Application under section 23 of the Act [See rule 22] To The Registrar of Copyrights, Copyright Office, New Delhi.

Sir, In accordance with section 53 of the Copyright Act, 1957 (14 of 1957), I hereby state that— I am the owner of the copyright ___________________________________________________________ ............................ who is the owner of copyright in the I am the duly authorised agent of (full name) work specified in the enclosed affidavit and I hereby apply for an order that the copies of the said work as specified in the said affidavit shall not be imported into India.

2. I am also enclosing a copy of the work the copyright in which is being infringed.

3. I produce herewith the following additional evidence in proof of infringement of copyright by the works in respect of which the order is sought— (Give particulars)

4. The prescribed fee has been paid as per details below :— (Give particulars)

5. Communications on this subject may be addressed to— Place................. Yours faithfully, Date.................. (Signature) Form of Affidavit I,.............................................................................................................................................

...................., of (full name in block letters) ................................................................................................................................................

do hereby (full address) on solemn affirmation state that—

(1) the particulars in the statement below are true to the best of my knowledge and belief;

(2) the works which are being imported in accordance with the particulars in the said statement are infringing copies of the work described in the said statement; and

(3) I am interested in the prevention of importation of the said infringing copies for the following reasons :

(State reasons)

(4) the infringing copies are not being imported for the private and domestic use of the importer.

STATEMENT A. Particulars of the Work and Rights held :

1. Full name, address and nationality of the applicant.

2. Telegraphic address of the applicant.

3. If the applicant is not the owner of the copyright, full name, address and nationality of the owner of the copyright.

4. Description of the work :

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the work.

(c) Full name, address and nationality of the author and, if the author is deceased, the date of his decease.

(d) Language of the work.

(e) Name and address of the publisher.

(f) Year of first publication.

(g) Country of first publication.

(h) If the copyright in the work is registered under section 45, the registration number.

B. Details of import of infringing copies :

1. Country of origin of the infringing copies.

2. Name, address and nationality of the importer in India.

3. Name, address and nationality of the maker of the infringing copies.

4. Expected time and place of import of the infringing copies into India.

5. In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorised agent to identify the said copies to the satisfaction of the Registrar of Copyrights ?

C. Any other relevant information not covered above.

Place............... (Signature) Date................

Solemnly affirmed before me by.............................................................................................

(full name of deponent in block letters) who is known to me personally/who is identified to me by.........................................../ (name of identifier inblock letters) who is known to me personally.

Place..........

Date.......... (Signature and seal of the Magistrate) SECOND SCHEDULE [See rule 26] Sl.

No.

Item Fee

(1) (2) (3)

1. For a licence to republish a literary, dramatic, musical or artistic work (sections 31, 31A and 32A) Rs. 400 per work

2. For a licence to republish a cinematograph film (section 31) Rs. 600 per work

3. For a licence to republish a sound recording (section 31) Rs. 400 per work

4. For a licence to perform an Indian work in public or to communicate the work to the public by broadcast (section 31) Rs. 200 per work

5. For an application for a licence to produce and publish a translation of a literary or dramatic work in any language (sections 32 and 32A) Rs. 200 per work

6. For an application for registration of copyright in a —

(a) literary, dramatic, musical or artistic work Rs. 50 per work

(b) provided that in respect of a literary or artistic work which is used or is capable of being used in relation to any goods (section 45) Rs. 400 per work

7. For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a —

(a) literary, dramatic, musical or artistic work Rs. 50 per work

(b) provided that in respect of a litrary, or artistic work which is used or is capable of being used in relation to any goods (section 45) Rs. 200 per work

8. For an application for registration of copyright in a cinematograph film (section 45) Rs. 600 per work

9. For an application for registration of changes in particulars of copyright entered in the Register of cinematograph film (section 45) Rs. 400 per work

10. For an application for registration of copyright in a sound recording (section 45) Rs. 400 per work

11. For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of a sound recording (section 45) Rs. 200 per work

12. For taking extracts from the Register of Copyrights (section 47) Rs. 20 per work

13. For taking extracts from the Indexes (section 47) Rs. 20 per work

14. For a certified copy of an extract from the Register of Copyrights or the Indexes (section 47) Rs. 20 per copy

15. For a certified copy of any other public document in the custody of the Registrar of Copyrights or the Copyright Board Rs. 20 per copy

16. For an application for prevention of importation of infringing copies (section 53) Rs. 400 per work, per place of entry

Where this provision sits

ActThe Copyright Rules, 1958
Section28
Marginal noteCosts
JurisdictionCentral
StatusIn force as published by the source

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