8/12/2019 Copyright Societies

1/6

COPYRIGHT SOCIETIES:

Collective administration of copyright by societies is a concept where

management and protection of copyright in works are undertook by a society ofowners of such works. Obviously no owner of copyright in any work can keeptrack of all the uses others make of his work. When he becomes a member of anational copyright society, that society, because of its organisational facilities andstrength, is able to keep a better vigil over the uses made of that work throughoutthe country and collect due royalties from the users of those works. Because ofthe countrys membership in international conventions, the copyright societiesare able to have reciprocal agreements with similar societies in other countriesfor collecting royalties for the uses of Indian works in those countries. rom this itcan automatically be inferred that it will be in the interests of copyright owners to

!oin a collective administration organisation to ensure better protection to the

copyright in their works and for reaping optimum economic benefits from theircreations. "sers of different types of works also find it easy to obtain licences forlegal e#ploitation of the works in $uestion, though the collective administrativesociety.

% copyright society is a registered collective administration society under &ection'' of the Copyright %ct, ()*+. &uch a society is formed by copyright owners. heminimum membership re$uired for registration of a society is seven. Ordinarily,only one society is registered to do business in respect of the same class ofwork. % copyright society can issue or grant licences in respect of any work inwhich copyright subsists or in respect of any other right given by the Copyright

%ct.

Functions of a copyright society:

Conditions subject to which a copyright society may issue licences, collect fees and

distribute such fees.

((- % copyright society may issue licences and collect fees in accordance with its&cheme of ariff in relation to only such works as it has been authorised toadminister in writing by the owners of rights and for the period for which it hasbeen so authorised.

/- he distribution of fees collected shall be sub!ect to a deduction not

e#ceeding fifteen per cent of the collection on account of administrative e#pensesincurred by the copyright society.

8/12/2019 Copyright Societies

2/6

Adinistration of rights of o!ner "y copyright society Section 34 ofCopyright Act,1957-(- a- a copyright society may accept from an owner of rights e#clusiveauthorisation to administer any right in any work by issue of licences or collectionof licence fees or both0 and

b- an owner of rights shall have the right to withdraw such authorisation withoutpre!udice to the rights of the copyright society under any contract.

/- It shall be competent for a copyright society to enter into agreement with anyforeign society or organisation administering rights corresponding to rights underthis %ct, to entrust to such foreign society or organisation the administration inany 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 suchforeign society or organisation1

2rovided that no such society or organisation shall permit any discrimination inregard to the terms of licence or the distribution of fees collected between rightsin Indian and other works.

Payent of reuneration "y copyright society# Section 34A of CopyrightAct,1957-(- If the Central 3overnment is of the opinion that a copyright society for a classof work is generally administering the rights of the owners of rights in such workthroughout India, it shall appoint that society for the purpose of this section. /-he copyright society shall, sub!ect to such rules as may be made in this behalf,frame a scheme for determining the $uantum of remuneration payable to

individual copyright owners having regard to the number of copies of the work incirculation12rovided that such scheme shall restrict payment to the owners of rights whoseworks have attained a level of circulation which the copyright society considersreasonable.

Contro$ o%er the copyright society "y the o!ner of rights&4 Section 35 ofCopyright Act,1957-

(- 5very copyright society shall be sub!ect to the collective control of theowners of rights under this %ct whose rights it administers not being owners ofrights under this %ct administered by a foreign society or organisation referred toin sub4section /- of section '6- and shall, in such manner as may beprescribed,4 a- obtain the approval of such owners of rights for its procedures ofcollection and distribution of fees0

b- obtain their approval for the utilisation of any amounts collected as fees forany purpose other than distribution to the owner of rights0 and

8/12/2019 Copyright Societies

3/6

c- provide to such owners regular, full and detailed information concerning all itsactivities, in relation to the administration of their rights.

/- %ll fees distributed among the owners of rights shall, as far as may be, bedistributed in proportion to the actual use of their works.

Registered copyright societies in India:

he following are the registered copyright societies in India1

i. For cineatograph and te$e%ision fi$s 1 &ociety for Copyright7egulation of Indian 2roducers for ilm and elevision &C7I2-('* Continental Building, 8r. %.B. 7oad, Worli, 9umbai 6:: :(;. Web4site1 -0

ii. For usica$ !or's1 he Indian 2erforming 7ight &ociety www.iprs.org>-0iii. For sound recording1 2honographic 2erformance www.pplindia.org>-0

iv. For reprographic(photo copying) !or's1 Indian 7eprographic7ights Organi?ation I77O-, (;>(4C, Institutional %rea, =ear @="Campus, =ew 8elhi A ((::+, We4site1 http1>>www.irro.in>-

Are indi%idua$ rights o!ners are entit$ed to issue $icences and co$$ectroya$ties !ho are not e"ers of any copyright society *

%s per &ection ': of the Copyright %ct, ()*+, the owner of the copyright in anye#isting work or the prospective owner of the copyright in any future work maygrant any interest in the right by licence in writing signed by him or by his dulyauthorised agent. herefore, apart from copyright societies any individual rightsowners e.g. &uper Cassette Industries> ash 7a! 9usic> Big 9usic etc.,- areentitled to issue licences and collect royalties.

%s per &ection */ a- of the Copyright %ct, ()*+, copyright in a work shall bedeemed to be infringed, when any person, without a licence granted by theowner of the copyright or the 7egistrar of Copyrights under this %ct or incontravention of the conditions of a licence so granted or of any condition

imposed by a competent authority under the %ct.

Procedure for o"taining appro%a$ of o!ners of rights for co$$ection anddistri"ution of fees+ etc&

5very copyright society shall maintain the following registers at its registered oradministrative office 1

http://www.iprs.org/http://www.pplindia.org/http://www.irro.in/http://www.iprs.org/http://www.pplindia.org/http://www.irro.in/

8/12/2019 Copyright Societies

4/6

i- % register of owners of copyright and other rights to be called the D7egisterof OwnersE in respect of which the copyright society has been authorised bythe owners to issue or grant licences. he register shall contain the namesof the owners, their addresses, the nature of rights authorised to beadministered by the copyright society, date of publication of the work, the

date on which the copyright society becomes entitled to and the duration ofsuch right.

ii- % register to be called the D7egister of %greementsE containing a copy ofevery agreement entered into by the copyright society with the owners forthe purpose.

iii- % register to be called the D7egister of eesE containing particulars of feesand mentioning the name of persons or organisations from whom the feeshave been realised, the amount so realised and the date of realisation.

iv- % register to be called the D8isbursement 7egisterE containing details ofdisbursements made to each owner of copyright, category4wise, mentioningthe name of the owner, nature of his copyright and the date and amount ofdisbursement made to him.

Tariff Schee&

%s soon as may be, but in no case later than three months from the date onwhich a copyright society has become entitled to commence its copyrightbusiness, it shall frame a scheme of tariff to be called the Dariff &chemeE settingout the nature and $uantum of fees or royalities which it proposes to collect inrespect of such copyright or other rights administered by it.

,istri"ution Schee&(- %s soon as may be, but in no case later than three months from the date onwhich a copyright society has become entitled to commence its copyrightbusiness, it shall frame a scheme to be called the D8istribution &chemeE settingout the procedure for collection and distribution of the fees or royalities specifiedin the ariff &cheme among the owners of copyright or other rights whose namesare borne on its 7egister of Owners Fmaintained under clause i- of rule (64IG forthe approval of such owners.

/- %ny distribution under the 8istribution &cheme shall, as far as possible, be inproportion to the income of the copyright society from actual use of the work orworks of each owner of rights.

-eeting of a copyright societies&

(- %s soon as the ariff &cheme and the 8istribution &cheme have beenprepared, the copyright society shall call a general meeting of the owners ofrights whose names are recorded in the 7egister of Owners to approve thesame.

8/12/2019 Copyright Societies

5/6

/- % notice of not less than twenty4one clear days shall be given to every suchowner of rights of the meeting and a copy each of the proposed ariff &chemeand 8istribution &cheme shall be anne#ed to the notice.

'- he notice under sub4rule /- shall specify that any owner of rights whoob!ects to the ariff &cheme or 8istribution &cheme shall be entitled to withdraw

the authorisation given to the copyright society to administer any right in his work.6- he copyright society shall keep a record of the owners of rights who havegiven their approval and those who have ob!ected thereto.

*- %pproval by owners of rights for the &cheme shall be by a ma!ority of suchowners present in person.

- he $uorum for a general meeting shall be one4third of the members.

+- he copyright society shall not amend an approved ariff &cheme or8istribution &cheme e#cept with the consent of the owners obtained at asubse$uent general meeting called for the purpose.

Accounts and audit&

(- 5very copyright society shall maintain proper accounts of the fees androyalties collected in a financial year, payments made out of such collections tothe owners of rights and other e#penditure incurred for meeting administrativee#penses and related matters with the approval of the owners of rights1

2rovidedthat a copyright society shall not spend more than fifteen per cent of itscollection towards its administrative e#penses.

/- 5very copyright society shall get its accounts audited by a charteredaccountant annually.

Annua$ genera$ eeting of o!ners of rights&

(- 5very copyright society shall, within a period of twelve months from theholding of a meeting in pursuance of sub4rule (- of rule (6

8/12/2019 Copyright Societies

6/6

,ocuents to "e presented in the annua$ genera$ eeting of o!ners ofrights&

5very copyright society shall place before its annual general meeting thefollowing documents, namely 1H

i- an up4to4date list of the owners of rights, their names and addresses asrecorded in the 7egister of Owners maintained by the copyright society,

ii- audited accounts of the society for the previous year0

iii- the ariff &cheme 0

iv- the 8istribution &cheme 0

v- a statement approved by its governing body by whatever name called-setting out a full and detailed account of all its activities during the previousyears0 and

vi- details of budget estimates for the succeeding year and a programme of

action for the succeeding year.

Returns to "e fi$ed "y the copyright societies !ith the Registrar ofCopyrights&

5very copyright society shall file a return called the annual return with the7egistrar of Copyrights within one month from the conclusion of each annualgeneral meeting of owners setting out the following details, namely 1H

i- the date of the annual meeting of owners held immediately preceding thefiling of the annual return, the number of owners who attended the meeting

in person or by pro#y, and the minutes of such meeting 0

ii- the up4to4date list of the owners of rights, their names and addresses asrecorded in the 7egister of Owners maintained by the copyright society, asprovided in rule (64I0

iii- audited accounts of the copyright society 0

iv- the ariff &cheme 0

v- the 8istribution &cheme 0 and

vi- a statement approved by its governing body or Board of directors setting outa full and detailed account of all its activities during the year in relation to the

rights of the owners.