Section 45 of CA, 1957 : Section 45: Entries In Register Of Copyrights

Explanation using Example

Let's consider a scenario where John, a graphic designer, creates a unique logo for a local bakery. The logo is an artistic work that can be used in relation to goods (like bakery products) and services (like custom cake design). John, as the author and owner of the copyright in this work, wants to protect his rights. Therefore, he decides to register the logo under the Copyright Act, 1957.

According to Section 45(1) of the Act, John needs to make an application in the prescribed form, paying the prescribed fee, to the Registrar of Copyrights for entering the details of his work in the Register of Copyrights. However, since his logo can be used in relation to goods or services, he also needs to include a statement to that effect. Furthermore, he must obtain a certificate from the Registrar of Trade Marks confirming that no identical or deceptively similar trade mark has been registered or applied for by anyone other than John.

Once John submits his application, as per Section 45(2), the Registrar of Copyrights, after conducting an appropriate inquiry, may enter the particulars of John's work in the Register of Copyrights, thus providing John with the legal protection he sought for his logo.