Intellectual
Property Rights
COPYRIGHT ACT 1957
4[CHAPTER VII : COPYRIGHT SOCIETIES
33. Registration of copyright society
(1) No person or association
of persons shall, after coming into force of the Copyright (Amendment)
Act, 1994 commence or, carry on the business of issuing or granting licences
in respect of any work in which copyright subsists or in respect of any
other rights conferred by this Act except under or in accordance with
the registration granted under sub-section (3):
PROVIDED that an owner
of copyright shall, in his individual capacity, continue to have the right
to grant licences in respect of his own works consistent with his obligations
as a member of the registered copyright society:
PROVIDED FURTHER that
a performing rights society functioning in accordance with the provisions
of section 33 on the date immediately before the coming into force of
the Copyright (Amendment) Act, 1994 shall be deemed to be a copyright
society for the purposes of this Chapter and every such society shall
get itself registered within a period of one year from the date of commencement
of the Copyright (Amendment) Act, 1994.
(2) Any association of
persons who fulfils such conditions as may be prescribed may apply for
permission to do the business specified in sub-section (1) to the Registrar
of Copyrights who shall submit the application to the Central Government.
(3) The Central Government
may, having regard to the interests of the authors and other owners or
rights under this Act, the interest and convenience of the public and
in particular of the groups of persons who are most likely to seek licences
in respect of the relevant rights and the ability and professional competence
of the applicants, register such association of persons as a copyright
society subject to such conditions as may be prescribed:
PROVIDED that the Central
Government shall not ordinarily register more than one copyright society
to do business in respect of the same class of works.
(4) The Central Government
may, if it is satisfied copyright society is being managed in a manner
detrimental to the interests of the owners of rights concerned, cancel
the registration of such society after such inquiry as may be prescribed.
(5) If the Central Government
is of the opinion that in the interest of the owners of rights concerned,
it is necessary so to do, it may, by order, suspend the registration of
such society pending inquiry for such period not exceeding one year as
may be specified in such order under sub-section (4) and that government
shall appoint an administrator to discharge the functions of the copyright
society.
34. Administration of rights of owner by copyright society
(1) Subject to such conditions
as may be prescribed,-
(a) a copyright society
may accept from an owner of rights exclusive authorisation to administer
any right in any work by issue of licences or collection of licence fees
or both; and
(b) an owner of rights
shall have the right to withdraw such authorisation without prejudice
to the rights of the copyright society under any contract.
(2) It shall be competent
for a copyrights society to enter into agreement with any foreign society
or organisation administering rights corresponding to rights under this
Act, to entrust to such foreign society or organisation the administration
in any foreign country of rights administered by the said copyright society
in India, or for administering in India the rights administered in a foreign
country by such foreign society or organisation:
PROVIDED that no such
society or organisation shall permit any discrimination in regard to the
terms of licence or the distribution of fees collected between rights
in Indian and other works.
(3) Subject to such conditions
as may be prescribed, a copyright society may-
(i) issue licences under
section 30 in respect of any rights under this Act;
(ii) collect fees in pursuance
of such licences;
(iii) distribute such
fees among owners of rights after making deductions for its own expenses;
(iv) perform any other
functions consistent with the provisions of section 35.
34A. Payment of remunerations by copyright society
(1) If the Central Government
is of the opinion that a copyright society for a class of work is generally
administering the rights of the owners of rights in such work throughout
India, it shall appoint that society for the purposes of this section.
(2) The copyright society
shall, subject to such rules as may be made in this behalf, frame a scheme
for determining the quantum of remuneration payable to individual, copyright
owners having regard to the number of copies of the work in circulation:
PROVIDED that such scheme
shall restrict payment to the owners of rights whose works have attained
a level of circulation which the copyright society considers reasonable.
35. Control over the copyright society by the owner of rights
(1) Every copyright society
shall be subject to the collective control of the owners of rights under
this Act whose rights it administers (not being owners of rights under
this Act administered by a foreign society or organisation referred to
in sub-section (2) of section 34) and shall, in such manner as may be
prescribed,-
(a) obtain the approval
of such owners of rights for its procedures of collection and distribution
of fees;
(b) obtain their approval
for the utilisation of any amounts collected as fees for any purpose other
than distribution to the owner of rights; and
(c) provide to such owners
regular, full and detailed information concerning all its activities,
in relation to the administration of their rights.
(2) All fees distributed
among the owners of rights shall, as far as may be, be distributed in
proportion to the actual use of their works.
36. Submission of returns and reports
(1) Every copyright society
shall submit to the Registrar of Copyrights such returns as may be prescribed.
(2) Any officer duly authorised
by the Central Government in this behalf may call for any report and also
call for any records of any copyright society for the purpose of satisfying
himself that the fees collected by the society in respect of rights administered
by it are being utilised or distributed in accordance with the provisions
of this Act.
36A. Rights and liabilities of performing rights societies
Nothing in this Chapter
shall affect any rights or liabilities in any work in connection with
a performing rights society which had accrued or were incurred on or before
the day prior to the commencement of the Copyright (Amendment) Act, 1994,
or any legal proceedings in respect of any such rights or liabilities,
pending on that day.
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