Section 49 of the Copyright Act, 1957: Correction of Entries in the Register of Copyrights

Section 49 of the Copyright Act, 1957 empowers the Registrar of Copyrights to correct specified errors in the Register of Copyrights. The provision is intended for correction of errors in names, addresses or other particulars and for errors caused by an accidental slip or omission.

Text and meaning of Section 49

Section 49 - Correction of entries in the Register of Copyrights

The Registrar of Copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by:

correcting any error in any name, address or particulars; or
correcting any other error which may have arisen therein by accidental slip or omission.

In practical terms, Section 49 deals with correction of an existing entry in the Register. It gives the Registrar a statutory power to amend or alter the Register where the error falls within the categories specified by the section. The words "prescribed cases" and "prescribed conditions" refer to the procedure and conditions prescribed under the Copyright Rules.

Procedure under Rule 71 of the Copyright Rules, 2013

Rule 71 supplements Section 49. It provides that the Registrar of Copyrights may act either suo motu or on an application by an interested person. Wherever practicable, a person affected by the proposed amendment or alteration is to be given an opportunity to show cause, and the amendment or alteration made is to be communicated to that person.

An application for registration of changes in the particulars already entered in the Register is made in Form XV. The Copyright Office currently provides an online "Change in Particulars (Form XV)" service.

Provision	What it covers
Section 49(a)	Correction of an error in a name, address or other particulars recorded in the Register.
Section 49(b)	Correction of another error arising from an accidental slip or omission.
Rule 71	Procedure for amendment or alteration by the Registrar, including an opportunity to show cause wherever practicable.
Form XV	Application used for registration of changes in particulars of copyright entered in the Register.

Section 49 correction and Section 50 rectification

Section 49 should be distinguished from the wider rectification mechanism under Section 50. Section 49 is directed to corrections that fall within its specified categories, such as an erroneous name, address, particular, accidental slip or omission. A dispute seeking substantive rectification, such as making an entry wrongly omitted, expunging an entry wrongly made or remaining on the Register, or correcting an error or defect in the Register, may involve Section 50 and the competent court under the law then in force.

Practical point: Before filing, verify whether the requested change is a correction of particulars suitable for Form XV and Section 49, or whether the relief sought is substantive rectification under Section 50. The appropriate route depends on the nature of the requested change and the applicable statutory procedure.

Official resources

This page provides general legal information. Statutory text, rules, notifications and current filing requirements should be checked from official sources before filing an application or proceeding.