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Conditions Responsible for the Termination of Copyright Registration

Copyright Registration

· Legal Business

We are well aware of the fact that copyright registration lets people become the legal owner of the innovative and unique work created by them be it a painting, music, website, mobile application, software, book, etc. Copyright registration is done under the Copyright Act, 1957.

The registration guarantees that nobody uses or modifies the original work of the author without his/her consent. The author gets full rights to charge others for any infringement or misusing his/her work. In a nutshell, copyright registration acts as a legal shield for the creative and innovative works created by the author.

But there are certain conditions in which the copyright license of the owner may be confiscated by the government or may lead to termination.

In this blog, we have discussed in what conditions the copyright registration can be terminated. So let's begin-

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Conditions under which the Copyright Registration license is terminated
 
Under the provisions of Section 32B in the Copyright Act, 1957, the copyright registration license will be terminated under Chapter VI in the following two conditions:
  1. If, at any time after the issuance of a license to produce and publish the translation of a work in any language under sub-section (1A) of section 32, the owner of the copyright in the work; or any person authorized by him/her publishes a translation of such work in the identical language and which is considerably the same in content at a price reasonably associated with the price normally charged in India for the translation of works of the same standard on the same or similar subject, the license hence granted shall be terminated provided the following:
  • No such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in a prescribed way on the person holding such license by the owner of the right of translation intimating the publication of the translation as aforesaid:
  • Further, provided that the copies of the licensed work created and published by the person holding copyright registration license before the termination of the license takes effect may continue to be sold or distributed until the copies are already created and published are exhausted.
  1. If at any time after the license has been issued to create and publish the reproduction or translation of any work under section 32A, the owner of the right of reproduction or any person authorized by him sells or distributes copies of such work or a translation thereof, as the case may be, in the identical language and which is substantially the same in content at a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subject, the license so issued shall be terminated provided the following:
  • No such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in a prescribed way on the person holding the license by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid:
  • Further, provided that any copies already reproduced by the license before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted.

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Conditions under which the Copyright Registration license is terminated