Full Name
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
	* Mobile No is required for verification of identity

Head Note

The Code of Civil Procedure, 1908  - Order XXXIX Rule (1) ,  Rule (2) , The Copyright Act, 1957  - Section 31

Application for grant of compulsory licence of work withheld from Public - Copyright Board whether has power under Section 31 to grant interim relief during pendency of application (No) - There is no provision in Copyright Act giving power of grant of interim relief - Held - In the absence of any specific vesting of power, no interim relief could be granted.

The Copyright Act, 1957  - Section 11 , Section 12

The Copyright Board has been empowered to regulate its own procedure and is to be deemed to be a Civil Court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure , 1973, and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code - Further held - Copyright Board discharges quasi-judicial functions, which as indicated in Sections 19-A, 31, 31-A, 32 and 52, requires the Board to decide disputes in respect of matters arising therefrom.

The Copyright Act, 1957  - Section 18 , Section 19 , Section 31

Transfer of Copyright - Whether ownership of Copyright should be transferred or not is a matter, essentially, for the "owner" of the copyright to determine - Section 31 of Copyright Act deprives the "copyright" of the "owner" against his volition - By Section 31, the state is authorised, by its coercive powers, to deprive the owner of his copyright in a work, which is his property and the right to enjoy such property in the manner as the owner of the property pleases - Further held - Necessarily, in view of the constitutional mandate under Article 300A, such a deprivation can only be by the authority of law and it is too well entrenched a principle on the constitutional law that such a law could be only for a public purpose.

Topic(s)-Transfer of Copyright

Important Decision(s)- 

• CPC, 1908 - Order 39, Rules 1 and 2 - There is no provision in Copyright Act giving power of grant of interim relief.
• The Board shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code.
• Copyright Board discharges quasi-judicial functions, which as indicated in Sections 19-A, 31, 31-A, 32 and 52, requires the Board to decide disputes in respect of matters arising therefrom.
• Section 31 of Copyright Act deprives the "copyright" of the "owner" against his volition.