of 1983]
Copyright (Amendment)
221
Amendment of section 19. 9. Section 19 of the principal Act shall be re-numbered as sub-section (1) thereof and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:—
- “(2) The assignment of the copyright in any work shall, among other things, indicate clearly the rights proposed to be assigned and the size of the work.”.
Insertion of new section 19A. 10. After section 19 of the principal Act, the following section shall be inserted, namely:—
- Disputes with respect to assignment of copyright.“19A. Where any dispute arises with respect to the assignment of, or any of the terms of the assignment of, any copyright, the Copyright Board may, on receipt of a complaint from any of the parties to the dispute and after holding such inquiry as it may deem necessary, pass such orders as it may deem fit, including orders by way of giving permission to the owner of the copyright to revoke its assignment if the terms of the assignment are harsh to him or if the publisher unduly delays the publication of the work or by way of issue of a certificate for the recovery of any royalty due to the owner.”.
Insertion of new section 28A. 11. After section 28 of the principal Act, the following section shall be inserted, namely:—
- Term of copyright in works of public undertakings.“28A. In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published.”.
Insertion of new section 31A. 12. After section 31 of the principal Act, the following section shall be inserted, namely:—
- Compulsory licence in unpublished Indian works.“31A. (1) Where, in the case of an Indian work referred to in sub-clause (iii) of clause (l) of section 2, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or a translation thereof in any language.
- (2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language.
- (3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed.
