Appeals Against Orders of the Registrar

In one line

Since 2021 an appeal from the Registrar goes straight to the High Court, is heard by one judge, and can go once more to a Bench.

In the wording a student can write in an exam: section 72(1) of the Copyright Act, 1957, as substituted in 2021, provides that any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court.

Why the law has this at all

Because the Registrar decides contested matters. He refuses registrations, corrects entries, holds inquiries under section 45(2) and rule 70(11), and hears objections.

Because section 76 blocks a suit. No suit or other legal proceeding lies against any person for anything done in good faith in pursuance of the Act, so an appeal is the provided remedy.

And because the appellate forum has moved twice. From the Copyright Board, to the Appellate Board in 2017, to the High Court in 2021.

The provision

Section 72(1). "Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court."

Section 72(2). "Every such appeal shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court."

Section 72(3). "Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court within three months from the date of decision or order of the single Judge."

Section 72(4). "In calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded."

Substituted by clause 3(i) of the Tribunals Reforms Ordinance, 2021, promulgated and in force on 4 April 2021, and re-enacted by section 10 of the Tribunals Reforms Act, 2021.

Broken down

"Any person aggrieved". Not confined to the applicant. A person whose objection was rejected is aggrieved.

"Any final decision or order". The word "final" is the limit. An interlocutory step, a discrepancy letter or a request for further material is not a final decision.

Which is where the arguments will be. The Act does not define finality, and the Copyright Office's practice does not use the word.

"Within three months from the date of the order or decision". From the date, not from knowledge or service, subject to sub-section (4).

Sub-section (4) is a real concession. The time taken in granting a certified copy is excluded, which matters because an appellant needs the copy to file.