Section 49 of the Copyright Act, 1957, read with Rule 71, allows entries in the Register of Copyrights to be amended.
Amendment can happen in two ways: by the Registrar on their own motion, or on application by an interested party.
What can be corrected
Corrections include those relating to:
- Name
- Address
- Other similar particulars
- Any other error arising by accident or omission
The scope covers genuine errors and changes in recorded particulars. It is a correction mechanism, not a route to alter the substance of what was registered.
How to apply
An application to register changes in the entries is made on Form XV, which is the same form used for recording an assignment.
The application must state:
- The registration number of the copyrighted work
- Supporting documents, where applicable
On supporting documents, the assignment case illustrates the point. Where the change being recorded is a change of owner by assignment, the supporting documentation is the assignment deed. The document must actually evidence the change being claimed.
What happens next
Once an application is made, the Registrar makes such amendments as are necessary.
Before doing so, the Registrar gives an opportunity to be heard to any party adversely affected by the amendment, and communicates the outcome to that person.
This is worth anticipating where the amendment affects someone else’s position on the Register. It is not a purely administrative process in contested cases.
Keeping the Register current
The practical reason to do this is the same reason it matters for trademarks. The Register is prima facie evidence of the particulars entered in it. An entry that no longer reflects reality undermines the evidential value that was the point of registering.
Where ownership has changed, or a company has renamed, or an address is out of date, correcting the Register is straightforward and worth doing before it becomes urgent in the middle of a dispute or a transaction.
Frequently asked questions
Which form do I use? Form XV, the same form used for recording assignments and other changes in particulars of copyright.
Can the Registrar amend the Register without an application? Yes. Section 49 allows the Registrar to act on their own motion as well as on application by an interested party.
What if someone objects to the amendment? Any party adversely affected must be given an opportunity to be heard before the amendment is made, and the outcome is communicated to them.
What supporting documents do I need? Whatever evidences the change. For an assignment, the assignment deed. For a name change, the document establishing it.
Can I amend the substance of what was registered? No. This is a correction mechanism for particulars and errors, not a route to change the work or the nature of the rights registered.
Is there a deadline? There is no fixed deadline, but leaving the Register out of date weakens its evidential value, so it is best done promptly.
Useful official resources
- Copyright Office, India — Form XV
- Copyright Act, 1957 — Section 49
- Copyright Rules, 2013 — Rule 71
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