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Schedule 1 -The Copyright Act, 1957

The Copyright Act, 1957

 

 

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 dae 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,

(Signature)

Place:

 

Date:

 

Form of Affidavit referred to above I, …………………………………………………of…………………………… (full name in block letters)

…………………………………………………………………………………….. do hereby one (address) solemn 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

 

1. 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.

 

(d) Language of the work.

 

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

 

(f) Year of first publication.

 

If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and page reference.

 

(g) Country of first publication.

 

(h) If the copyright in the work is registered 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, address and nationalities of the joint owners.)

 

3. Extent to which rights are relinquished.

 

4. Reasons for relinquishment 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 know to me (name of deponent in block letters) personally/who is identified to me by _______________________ who is known to me personally. (name of identifier in block letters)

 

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 comditions of the licence, if granted to me.

 

Yours faithfully,

Signature

 

Place:

 

Date: 

 

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.

 

If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, give the name of the journal or magazine, the valume number of the issue, the date and the page reference.

 

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

 

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

 

7. Qualifications 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 denied authorisation by the said person to produce and publish the translation.

 

(d) If the applicant was unable to find the 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. 

 

Enclose true copies of correspondence, if any.

 

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, addressand 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.

 

II-A (Note: Form II-A and II-B ins. by Noti. No. G.S.R. 602(E), dt. 9-8-1984 (w.e.f. 9-8-1984) (1985 CCL-III-80).

 

– Application for a licence for publication/reproduction

(See Rule II-A)

 

(To be submitted in triplicate)

To

 

The Registrar of Copyrights, 

Secretary, Copyright Board, 

Copyright Office,

New Delhi

 

Sir,

 

In accordance with Section 31/32/32-A of the [(Note: Subs. for “Copyright (Amendment) Act, 1983 (23 of 1983)” by Noti. No. G.S.R. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) 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 untertake 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 my knowledge, belief and information and nothing has been concealed therefrom.

 

Place:

 

Date: 

 

Yours faithfully,

(Signature)

 

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 dae 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.

 

(If the work has appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the valume number of the issue, the date and the page reference).

 

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 forpayment 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 cometent 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 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.

 

(Enclose true copies of correspondence, if any(.

 

14. Whether the author of the work 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 II-G)

To

……………………………………………. 
…………………………………………….
…………………………………………….

Sir,

 

[(Note: Subs. by Noti. No. G.S.R. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992). In accordance with first proviso to sub-section (1) ro the first proviso to sub-section (2) of Section 32-B 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)

1. Title of the work.

 

2. Name of 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 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 pubished or unpublished.

 

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

 

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

 

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 assignments and licences, if any. 

 

12. Names, addresses and nationalities of other persons, if any, authorised to assign or licence 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 accrodance 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 Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement (s) to the other parties concerned, as shown below:-

 

 

Names and addresses of parties

Date of despatch

 

 

 

 

 

*See Columns 7,11,12 and 13 of the Register of Copyrights.

 

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

 

4. Communications on this subject may be addressed to:-

 

[(Note: Ins. by Noti. No. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) 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.]

 

[(Note: Ins. by Noti. No. GSR 602(E), dt. 9-8-1984 (w.e.f. 9-8-1984)) (Note: Para 4-A renumbered as para 6 by Noti. No. 435(E), dt. 27-4-1992 (w.e.f. 27-4-1992)) 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:

 

Date:

Signature.

 

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 enty 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
 

 

 

 

 

 

 

 

     

 

(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.

 

If the work was appeared as a serial or otherwise in a journal or magazine, give the name of the journal or magazine, the volume number of the issue, the date and page reference

.

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:

 

Date:

Signature.

 

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 in block letters) who is known to me personally.

 

Place:

 

Date:

 

Signature and seal of the Magistrate.

 

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The Copyright Act, 1957

 

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