PART VII.--REGISTRATION OF COPYRIGHTS

{Sidenote: Copyright registers}

64. _Copyright Registers._--The following Registers of copyrights shall

be kept by the Registrar at the Copyrights Office:--

The Register of Literary Copyrights.

The Register of Fine Arts Copyrights.

The Register of International and State Copyrights.

{Sidenote: Method of registration}

65. _Method of registration._--The owner of any copyright performing

right or lecturing right under this Act may obtain registration of his

right in the manner prescribed.

{Sidenote: Registration of assignments and transmissions}

66. _Registration of assignments and transmissions._--When any person

becomes entitled to any copyright performing right or lecturing right

under this Act by virtue of any assignment or transmission, or to any

interest therein by licence, he may obtain registration of the

assignment, transmission, or licence in the manner prescribed.

{Sidenote: How registration effected}

67. _How registration effected._--The registration of any copyright

performing right or lecturing right under this Act, or of any assignment

or transmission thereof or of any interest therein by licence, shall be

effected by entering in the proper register, the prescribed particulars

relating to the right, assignment, transmission, or licence.

{Sidenote: Trusts not registered}

68. _Trusts not registered._--(1.) No notice of any trust expressed,

implied, or constructive shall be entered in any Register of Copyrights

under this Act or be receivable by the Registrar.

(2.) Subject to this section, equities in respect of any copyright

performing right or lecturing right under this Act may be enforced in

the same manner as equities in respect of other personal property.

{Sidenote: Register to be evidence}

69. _Register to be evidence._--Every Register of copyrights under this

Act shall be _prima facie_ evidence of the particulars entered therein

and documents purporting to be copies of any entry therein or extracts

therefrom certified by the Registrar and sealed with the seal of the

Copyrights Office shall be admissible in evidence in all Federal or

State courts without further proof or production of the originals.

{Sidenote: Certified copies}

70. _Certified copies._--Certified copies of entries in any register

under this Act or of extracts therefrom shall, on payment of the

prescribed fee, be given to any person applying for them.

{Sidenote: Inspection of register}

71. _Inspection of register._--Each register under this Act shall be

open to public inspection at all convenient times on payment of the

prescribed fee.

{Sidenote: Correction of register}

72. _Correction of register._--The registrar may, in prescribed cases

and subject to the prescribed conditions, amend or alter any register

under this Act by--

(_a_) correcting any error in any name, address, or particular; and

(_b_) entering any prescribed memorandum or particular relating to

copyright or other right under this Act.

{Sidenote: Rectification of register by the court}

73. _Rectification of register by the court._--(1.) Subject to this Act

the Supreme Court of any State or a judge thereof may, on the

application of the Registrar or of any person aggrieved, order the

rectification of any register under this Act by--

(_a_) the making of any entry wrongly omitted to be made in the

register; or

(_b_) the expunging of any entry wrongly made in or remaining on

the register; or

(_c_) the correction of any error or defect in the register.

(2.) An appeal shall lie to the High Court from any order for the

rectification of any register made by a Supreme Court or a Judge under

this section.

{Sidenote: No suit before registration}

74. _Owner cannot sue before registration._--(1.) The owner of any

copyright or performing right under this Act or of any interest therein

by licence shall not be entitled to bring any action or suit or

institute any proceedings for any infringement of the copyright or

performing right unless such right or interest has been registered in

pursuance of this Act.

(2.) When such right or interest has been registered the owner thereof

may, subject to this Act, bring actions or suits or institute

proceedings for infringements of the copyright or performing right,

whether those infringements happened before or after the registration.

(3.) This section shall not affect the right of the owner of the

lecturing right in a lecture to bring actions or suits or institute

proceedings for infringements of his lecturing right.

{Sidenote: Deposit}

75. _Delivery of books to registrar._--(1.) Every person applying for

the registration of the copyright in any book shall deliver to the

Registrar two copies of the whole book with all maps and illustrations

belonging thereto, finished and coloured in the same manner as the best

copies of the book are published and bound, sewed, or stitched together,

and on the best paper on which the book is printed.

(2.) Every person applying for the registration of the copyright in any

work of art shall deliver to the Registrar one copy of the work of art

or a photograph of it.

(3.) The Registrar shall refuse to register the copyright in any book or

work of art until subsections (1) and (2) of this section have been

complied with.

(4.) One copy of each book delivered to the Registrar in pursuance of

this section shall be forwarded by him to the librarian of the

Parliament, and the other copy shall be retained by the Registrar, until

otherwise prescribed.

{Sidenote: False representation}

76. _False representation to registrar._ _Patents Act, 1903, s.

112._--No person shall wilfully make any false statement or

representation to deceive the Registrar or any officer in the execution

of this part of this Act, or to procure or influence the doing or

omission of any thing in relation to this part of this Act or any matter

thereunder.

Penalty: Three years' imprisonment.

Copyright: Its History and Its Law · 第 6 / 10 章