4.    The author of a work desiring to relinquish under section 21 all or any of the rights comprised in the copyright in the work shall give notice to the Registrar of Copyrights in Form I or give public notice under sub-rule (2) of rule 5.

 

5.    (1) The Registrar of Copyrights shall, within fourteen days from the date of the publication of the notification in the Official Gazette, post the notice on the website of the Copyright Office so as to remain the same in public domain for a period of not less than three years.

(2) The author relinquishing the rights under rule 5 by giving public notice shall include in the notice the details as given below:-

(a) Class of the works (given in sub-section (1) of section 13);

(b) Title of the work;

(c) Full name, address and nationality of the author;

(d) Language of the work;

(e) Name, address and nationality of the publisher, if published, with year of publication and country of first publication;

(f) If copyright in the work is registered under section 45, the Registration number;

(g) The right or rights to be relinquished; and

(h) The date of relinquishment of the rights.

(3) The author may forward a copy of the public notice, along with proof of his identity, to the Registrar and on receiving such notice, the Registrar shall post the same on the website of the Copyright Office.

Explanation.- For the purpose of this Chapter, the term “ public notice” means-

(i) mentioning of notice on the work or cover of the work; or

(ii) publication in one issue of a daily newspaper in the English language having circulation in the major part of the country and also in one issue of any daily news paper in the same language of the work; or

(iii) Posting the notice on the web site of the Copyright Office at the request of the author by giving the details as required under sub-rule (2).