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draft Copyright Rules, 2013 Published
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MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(Department of Higher Education)
NOTIFICATION
New Delhi, the 14th March, 2013
GS.R. 172(E).-ln exercise of the powers conferred by Section 78 of the Copyright Act,
1957, and in supersession of the Copyright Rules, 1958, except as respects things done or omitted to
be done before such supersession, the Central Government hereby makes the following Rules,
namely:
PRELIMINARY
I. Short title, extent and commencement.
(I) These rules may be called the Copyright
Rules. 2013
(2) Thev shall come into force on the date of their publication in the Official Gazette.
2. Intcrp1·etations. -(I) In these rules. unless the context otherwise requires.
the Copyright
Rules. 2013
(2) Thev shall come into force on the date of their publication in the Official Gazette.
2. Intcrp1·etations. -(I) In these rules. unless the context otherwise requires.
(a) ··J\ct mcam the Copynght./\ct, 1957 (14 of 1957):
(h) ··noard•• 1110:in:~ a Copyright Board as defined m sub-section (I) of section I I;
( (.) ..COP: right husrness •• means the business or 1ssurn,c or grantinf~ licence in respect of a
right or set or rights m specific acts in respect of a \\Ork or any substantial part thereof
referred to in section 1,i and includes the functions referred to in sub-section (3) of section
34:
(d) --1-orm'· means a i"orm set out in the First Schedule:
(e) ··schedule" means a Schedule to these rules: and
(/) "'section -- means a section of the Act.
(2) Word and expressions used herein but not defined and defined in the Copyright Act,
1957, shall have the meanings respecti\'cly assigned to them in that Act.
tion -- means a section of the Act.
(2) Word and expressions used herein but not defined and defined in the Copyright Act,
1957, shall have the meanings respecti\'cly assigned to them in that Act.
Part II
61
CHAPTER II
THE COPYRIGHT BOARD
3. Terms and conditions of the Office of the Chairman and members of the Board.
(1)
The Chairman and other members of the Board shall be appointed for such period not
exceeding five years as the Central Government may in each case deems fit:
Provided that the Chairman and the other member shall hold office as such after he has
attained,--:
(a) in the case of Chairman, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
(2) (i) A person shall not be qualified for appointment as Chairman unless he
(a) is, or has been a Judge of a High Court; or
(b) is qualified for appointment as a Judge of a High Court;
(ii) A person shall not be qualified for appointment as member unless he
(a) is or has been a member of the Indian Legal Service and has held a post in Grade-I
of that service for at least three years; or
(b) has, for at least ten years, held a judicial office; or
(c) is or has been a Member of a Tribunal or Civil Service not below the rank of a
Joint Secretary to the Government of India with three years' experience in the
field of Copyright; or
(d) has, for at least ten years, been an advocate of a proven specialised experience in
Copyright Law;
(iii) The Chairman and other Members shall be appointed by the Central Government;
yright; or
(d) has, for at least ten years, been an advocate of a proven specialised experience in
Copyright Law;
(iii) The Chairman and other Members shall be appointed by the Central Government;
and
(iv) No person shall be appointed as Chairman except after consultation with the Chief
Justice oflndia.
(3)
The Chairman and other members of the Board shall, on the expiry of the period of
their appointment, be eligible for re-appointment.
(4)
The Chairman or any other member of the
Board may resign his office by giving
three months' notice in writing to the Central Government:
Provided that the Chairman or any other member shall, unless he is permitted by the
Central Government to relinquish his office sooner, continue to hold office until the expiry
62
IBE GAZETTE OF INDIA : EXlRAORDINARY
[PART II-SEC. 3(i)]
(5)
The Chairman or any other member shall not be removed from his office except by an
order made by the Central Government on the ground of proved misbehaviour or incapacity
after an inquiry made by a Judge of the Supreme Court in which the Chairman or the other
member had been informed of the charges against him and given a reasonable opportunity of
being heard in respect ofthose charges.
CHAPTER III
RELINQUISHMENT OF COPYRIGHT
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) ofrule 5.
5.
sh 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) ofrule 5.
5.
(!)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 ofnot 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 ofthe works (given in sub-section (1) ofsection 13):
(b) Title ofthe work;
(c) Full name, address and nationality ofthe author;
(d) Language ofthe work;
(e) Name, address and nationality of the publisher, if published, with year of
pu~lication and country offirst publication;
(f) Ifcopyright 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 ofthe rights.
(3) The author may forward a copy of the public notice, along with proof of his
identity, to the ~egistrar and on receiving such notice, the Registrar shall post the same o~ the
website ofthe Copyright Office.
or may forward a copy of the public notice, along with proof of his
identity, to the ~egistrar and on receiving such notice, the Registrar shall post the same o~ the
website ofthe Copyright Office.
Explanation-For the purposes ofthis Chapter, the term "public notice" means-
(i)
mentioning of notice on the work or cover ofthe work; or
(ii)
publication in one issue of a daily newspaper in the English language having
circulation in the major part ofthe country and also in one issue of any daily
news paper in the same language ofthe work; or
(iii)
Posting the notice on the web.site ofthe Copyright Office at the request ofthe
author by giving the details as required under sub-rule (2).
['IWT II-~ 3(i)]
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63
CHAPTER IV
COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC
6. Application for licence. -
(1) An application for a licence under section 31 to re
publish the work or perform the work in public or communicate the work to the public by
broadcast shall be made in Form II and shall be accompanied by the fee specified in the
Second Schedule.
(2)
Every such application shall be made in respect of one work only.
(3)
Every application to re-publish the work or perform the work in public shall be
accompanied with adequate evidence to show that the owner of copyright has refused to
re-publish or has allowed the re-publication of the work or has refused to allow the
performance ofthe work in public, and the reasons for such refusal.
w that the owner of copyright has refused to
re-publish or has allowed the re-publication of the work or has refused to allow the
performance ofthe work in public, and the reasons for such refusal.
(4)
Every application for communication of the work to the public by broadcast shall be
accompanied with adequate evidence along with reasons or grounds to show that the owner
of copyright has refused to allow
(a) the communication ofthe work by broadcast to the public; or
(b) in the case of sound recording, the reasons for the applicant to consider the terms
unreasonable.
7. Notice of application. -
(1) A copy of application under rule 6 along with the documents
relied upon shall be served on the owner of the copyright by registered post.
(2) The Board shall give an opportunity of being heard to the owner of the copyright
and the applicant and also, wherever practicable, to any person claiming any interest in the
copyright of the work, and shall take such evidence in respect of the application, as it
deems fit.
( 3) The
Board may, if satisfied, direct the Registrar of Copyright to grant licence
applied for to the applicant or, if there are more than one, to such of the applicants as, in the
opinion ofthe Board, would best serve the interest of the general public.
opyright to grant licence
applied for to the applicant or, if there are more than one, to such of the applicants as, in the
opinion ofthe Board, would best serve the interest of the general public.
(4) Every such licence shall be subject to the conditions provided in section 31
including the payment of compensation or royalties and shall specify
(a) the period for which the licence has been granted;
(b) the quantum of compensation or the rate at which royalties are to be paid to the
owner ofthe copyright in the work; and
(c) such other terms and conditions as the Board may deems fit.
64
THE GAZETTE OF INDIA : EXTRAORDINARY
[PAK! II--S,c. 3(i)l
(5)The grant of every such licence shall, as soon as possible, be notified in the Official
Gazette and on the website of the Copyright Office and the Board and a copy of the licence
shall b~ sent to the other parties concerned.
8. Manner of determining compensation or royalties.- The Board shall detennine the
quantum of compensation or royalties payable to the owner of the copyright under section
31. The Board may while detennining quantum of compensation or royalty shall take into
consideration
(i) in case of re-publishing the work or perfonning the work in public
(a) the proposed retail price of a copy of the work or rate on which the work is
performed in public;
(b) the prevailing standards of royalties with regard to publication of works or
performance ofthe work in public; and
(c) such other matters as may be considered relevant by the Board.
in public;
(b) the prevailing standards of royalties with regard to publication of works or
performance ofthe work in public; and
(c) such other matters as may be considered relevant by the Board.
(ii) in case of communication of any work to the public by broadcast
(a) time slot in which the broadcast takes place and different rates for different time
slot including the repeat broadcast;
(b) different rates for different classes of works;
(c) the prevailing standards of royalties payable in this regard for such works; and
(d) such other matters as may be considered relevant by the Board.
9. Extension of the period of licence. -The Board may, on the application of the licensee
and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the
licensee was for sufficient reasons unable to re-publish the work or perfonn the work in
public or communication of the work to public by broadcast within the period specified in the
licence, extend such period.
10.
fficient reasons unable to re-publish the work or perfonn the work in
public or communication of the work to public by broadcast within the period specified in the
licence, extend such period.
10. Cancellation of licence.-The Board may, after giving an opportunity of being heard to
the licensee, cancel the licence on any of the following grounds, namely:
(a) that the licensee has failed to re-publish the work or perfonn the work in public or
communication of the work to public by broadcast within the time specified in the
licence or within the time extended on the application of the licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
and
(c) that the licensee has contravened any of the terms and conditions of the licence.
[ 'qf1T II-~ 3(i)]
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6.5
CHAPTERV
COMPULSORY LICENCE TO PUBLISH OR COMMUNICATE TO THE
PUBLIC THE WORK OR TRANSLATION THEREOF
11. Application for licence.
tions of the licence.
[ 'qf1T II-~ 3(i)]
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6.5
CHAPTERV
COMPULSORY LICENCE TO PUBLISH OR COMMUNICATE TO THE
PUBLIC THE WORK OR TRANSLATION THEREOF
11. Application for licence. -
(1) An application for a licence under section 31A to
publish or communicate to the public the work or translation thereof, in any language, any
unpublished work or any work published or communicated to the public and the work is
withheld from the public in India, the author is dead or unknown or cannot be traced, or the
owner of the copyright in such work cannot be found, shall be made by any person in Form
III and shall be accompanied by the fee specified in the Second Schedule:
Provided that in case the desired author is dead such application .for publication of the work
can be made only if there is a failure to publish the work within the time specified by the
Central Government as provided in sub-section ( 6) of section 31 A.
(2) Every such application shall be made in respect of one work only and in respect of
translation of a work into one language only.
(3) The application other than an application under sub-section (7) of section 3lA
shall be accompanied by a newspaper containing the publication issued under sub-section (2)
of section 31 A and published in one issue of a daily newspaper in the English language
having circulation in the major part of the country and where the application is for the
publication of a translation in any language, in one issue of any daily newspaper in that
language.
anguage
having circulation in the major part of the country and where the application is for the
publication of a translation in any language, in one issue of any daily newspaper in that
language.
( 4) If the Board is satisfied that the licence for publication or communication to the
public or translation in any language ofthe work, applied for may be granted to the applicant,
or if there are more applicants than one, to such applicants, as, in the opinion of the Board,
would best serve the interest of the general public, it shall direct the Register of Copyright to
grant the licence accordingly.
(5) Every such licence shall be subject to the conditions provided in sub-section (7) of
section 31 A, and shall specify
(a) the period within which such work shall be published, translated or communicated
to the public;
(b) the price at which the copies of such work are to be sold or charges to be collected
for communicating the work to the public;
(c) the amount of royalty to· be deposited and the account in which it has to be
deposited;
(d) in case of translation of the work, the language in which the- translation shall be
produced and published; and
nt of royalty to· be deposited and the account in which it has to be
deposited;
(d) in case of translation of the work, the language in which the- translation shall be
produced and published; and
TIIF GAZETTE OF INDIA : EXTRAORDINARY
[PART Il-SEC. 3(i)]
66
(e) in case ofcommunication to the tniblic ofthe work the medium in which it is to be
communicated to the public.
(6) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and on the website of the Copyright Office and the Board and a copy of the
licence shall be sent to the other parties concerned.
12. Manner of determining royalties. -The Board shall determine the amount of royalty
to be deposited by the applicant. The Board may while determining the royalty shall take
into consideration the following·
(a) the prevailing standards ofroyalties with regard to such works; and
(b) such other matters as may be considered relevant by the Board.
13. Extension of' the perfod of licence.- The
Board may, on the application of the
I icensee, if it is satisfied that the licensee was for sufficient reasons unable to produce and
publish the translation or reproduce the work or communicate the work to the public within
the period specified in the licence, extend such period.
14. Cancellation of licence.
able to produce and
publish the translation or reproduce the work or communicate the work to the public within
the period specified in the licence, extend such period.
14. Cancellation of licence. -The Board may, after giving an opportunity to the licensee
of being heard, cancel the licence on any ofthe foliowing grounds, namely:-·
(a) that the licensee has failed to produce and publish such work or communicate to
the public the work within the time specified in the licence or within the time
extended on the application ofthe licensee;
(b) that the licence was obtained b)' fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any ofthe terms and conditions. ofthe licence.
15. Notice for termination of licence. -Notk-= for termination of licenet:: under proviso to
sub-section (I) or sub-section (2) of section 328 shall be served on the person holding the
licence by the owner ofcopyright in Form IV.
16. Notice for publication of a work in case of death of original owner. -
The Central
Government, if decides to make a request under sub-section (6) of section 3 lA, shall specify
a minimum period of six months and a maximum of one year for publication of work by the
heirs, executors or legal representatives ofthe author ofwork.
CHAPTER VI
COMPULSORY LICENCE FOR BENEFIT OF DISABLED
17. Application for licence. -(I) An application for a licence under section 31B to publish
any work in any format useful for person with disability shall be made in Form V and shall be
accompanied by the fee specified in the Second Schedule.
ion for a licence under section 31B to publish
any work in any format useful for person with disability shall be made in Form V and shall be
accompanied by the fee specified in the Second Schedule.
(2) Every such application shall be made in respect ofone work only ..
18. Notice of application. -
(]) A copy of application under rule 17shall be served by
registered post on the owner of copyright and if the owner of such copyright is not known or
[ t:IPT II~ 3(i)l
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61
is not traceable, a copy of the application shall be served by registered post on the publisher
whose name appears on the work.
(2) The Board shall give an opportunity ofbeing heard to the owner ofthe copyright
and the applicant and also, wherever pmctic.lilo!©, to any person claiming any interest in the
copyright ofthe work, and shall take such eviden~ mrespect ofthe application, as it deems
fit.
(3) If the Board is satisfied that the licer:~: for publication ofthe work in ·the fonnat
applied for may be granted to the applicant, or ifthere are more applicants than one, to such
of the applicants, as, in the opinion of the:
B((}.wi, wo:.illd best serve the interest of the
disabled persons, it shall direct the RegistrJ.r ofCopyrigbfl tr, grant licence accordingly.
to such
of the applicants, as, in the opinion of the:
B((}.wi, wo:.illd best serve the interest of the
disabled persons, it shall direct the RegistrJ.r ofCopyrigbfl tr, grant licence accordingly.
(4) Every such licence shall specify:
(a) the period within which such work shall be published;
(b) the medium and format in which the work shall be produced and published;
the number ofcopies that shall be produced;
(,r!) the rate at which royalties in respect of the copies of such work sold to the
disabled persons shall be paid to the owner ofthe copyright in the work; and
(e) the person to whom such royalties shall be payable.
(5) The grant of every such licence sbaH, as soon as possible, be notified in the
Official Gazette and the website of the Copyright Office i!lnd the Board and a copy of the
licence shall be sent to the other parties concerned.
19. ~anner of determining royalties. -
The Board shaU detennine the royalties payable
to the owner ofthe copyright under sub-section (4) of section 31B. The Copyright Board may
while determining royalty shall take into consideration the fdlowing:
(a) the proposed price at which a copy of such work shall be made available to
disabled persons;
(b) tb:e prevailing standards of royalties in regard to such works taking into
consideration; (c) the cost involved in making the accessible formats for the disabled
person; and
(d) sudi ,nther matters as may be considered relevant by the Copyright Board.
20. Extensfoii of the period of licence.
e cost involved in making the accessible formats for the disabled
person; and
(d) sudi ,nther matters as may be considered relevant by the Copyright Board.
20. Extensfoii of the period of licence. --The Board may, on the application of the licensee
and after notice to the owner of the copyright, tvherever practicable, if it is satisfied that the
licensee was for sufficient reasons unable to produce and publish the work within the period
specified in the licence, extend such period.
21. Cancellation of licence. -
The Board may. after giving an opportunity of being heard
to the licensee, cancel the licence on any ofthe following grounds, namely:
(a) that the licensee has failed to produce and publish such work within the time
specified in the licence or within the time extended on the application ofthe licensee;
1HE GAZETTE OF INDIA : EXTRAORDINARY
[PAIU 11--SEC. 3(i)J
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened.any ofthe terms and conditions ofthe licence;
(d) the owner ofthe copyright has satisfied the requirement of the disabled person by
publishing in the same format with same or lower price for which compulsory licence
was granted.
22. Notice for termination of licence.- Notice for termination of licence granted under
sub-section (3) of section 31B shall be served on the person holding the licence by the owner
ofcopyright in Form IV.
CHAPTER VII
STATUTORY LICENCE FOR COVER VERSIONS
23-.Notiee for making Cover Version.
ion (3) of section 31B shall be served on the person holding the licence by the owner
ofcopyright in Form IV.
CHAPTER VII
STATUTORY LICENCE FOR COVER VERSIONS
23-.Notiee for making Cover Version. - (I) Any person intending to make a cover version,
being a sound recording in respect of any literary, dramatic or musical work under sub
section (1) of section 31 C shall give a notice of such intention to the owner of the copyright
in such works and to the Registrar of Copyrights at least fifteen days in advance of making
the cover version and shall pay to the owner ofthe copyright in the original literary, dramatic
and musical works, along with the notice, the amount of royalties due in respect of a
minimum of fifty thousand copies and if the number is more, for all the copies of cover
version to be made, at the rates determined by the Board in this regard under rule 27 and
provide copies ofall covers and labels with which the cover version is to be sold.
Provided tha! in respect of works in a particular language or dialect for which the Board by
general order has fixed a lower minimum as per proviso to sub-section ( 4) ofsection 31 C, the
applicant shall pay the royalty for the lower minimum fixed by the Board and if the number
is more, for all the copies ofthe cover version.
Provided further that any person intending to make a cover version shall give a notice under
this Chapter only after the royalty to be paid is determined by the Board under rule 27 and
published in the Official Gazette and in the website ofthe Copyright Office and the Board.
a notice under
this Chapter only after the royalty to be paid is determined by the Board under rule 27 and
published in the Official Gazette and in the website ofthe Copyright Office and the Board.
Explanation: For the purpose of this rule "cover version" means a sound recording made in
accordance with section 31 C and this rule.
(2) Such notice shall contain the following information, namely:
(a) the particulars ofthe work in respect ofwhich cover version is to be made;
(b) alterations, ifany, which are proposed to be made for the adaptation ofthe work to
the cover version and the evidence of consent of the author of work, if required, for
making such alteration;
(c) the name, address and nationality ofthe owner ofthe copyright in the work;
(d) particulars ofthe sound recording made previously ofthe work;
cqpr n___uq 3(i)J
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(e) the total number of copies ofthe cover version and the calendar year in which it is
proposed to be made;
(f) the medium in which the sound recording was last made and the cover version is
proposed to be made;
(g) the price at which the cover version is proposed to be sold; and
(h) the details ofthe advance payment ofroyalties paid as determined by the Board in
this regard under rule 27.
24. Conditions to be followed while making cover venion. --(1) While making the cover
version the producer shall maintain the integrity of the original literary, dramatic or musical
works, except to the extent as may" be technically necessary· for the purpose of making the
cover version.
on the producer shall maintain the integrity of the original literary, dramatic or musical
works, except to the extent as may" be technically necessary· for the purpose of making the
cover version.
(2)The cover version shall not be issued in any form of packaging or with any cover
or label including any label or carton or inlay card or website having design or colour scheme
or layout or getup similar to that ofthe original sound recording which is likely to mislead or
confuse the public as to the identity ofthe origin~I sound recording.
(3) The cover version shall not use the label ofthe original sound recording and shall
state in bold letters on the cover that it is a cover version made under section 31C.
(4)The cover version shall prominently display the names of performers and shall not
contain the name or depict in any way any performer ofan earlier ~und recording ofthe same
work or any cinematograph film in which such sound recording was incorporated.
25. Notice for making additional co~ies of Cover venion .-A person who made cover
version under a license granted under section 31 C after giving notice and intends to make
additional copies during the period for which he gave notice for making cover version under
section 31 C or desiring to continue with the making of cover version shall give fresh advance
notice under rule 23 and comply with all the conditions including the payment of advance
royalties determined by the Board in this regard under rule 27.
26. Maintaining of records.
e fresh advance
notice under rule 23 and comply with all the conditions including the payment of advance
royalties determined by the Board in this regard under rule 27.
26. Maintaining of records. --(1) The person making cover version shall maintain at its
principal place of business a register containing the details of total number of copies made,
sold and
number of copies remaining in stock, except in the case of sale by on-line
downloads.
(2) The person making such cover version shall maintain separate books of accounts
containing particulars about the total expenditure in making cover version under different
heads of expenditure along with total income derived from the sale of number of copies of
such cover version.
iO
TIIE GAZETTE OF INDIA : EX1RAORDINARY
[PART II--SEC. 3(i)J
(3) The records, registers and books of accounts kept at the principal place of business
ofthe person making cover version shall be open for inspection to the owner ofrights or his
duly authorised agent or representative on his behalf during the business hours with prior
pennission of the person making such cover version and, if needed, they may obtain copies of
relevant extracts at their own cost.
27. Manner of determining royalties. -
( l) The
Board shall immediately after its
constitution either suo motu or on receipt of a request from any interested person give public
notice of its intention to fix royalties for making cover version under section 31 C and may
invite suggestions for detennining the same.
receipt of a request from any interested person give public
notice of its intention to fix royalties for making cover version under section 31 C and may
invite suggestions for detennining the same.
(2) The notice under sub-section (1) shall be published by the Board in the Official
Gazette and the same to be re-published in two daily news papers having circulation in the
major part of the country and shalJ postthe same on the website of the Copyright Office and
the Board.
(3)Any owner of copyright or any person involved in the business of making cover
version or any other interested person may within thirty days from the date of publication of
public notice under sub-rule (1) may give suggestions with adequate evidence as to the rate
of royalties to be fixed including different rates for different works, languages, media and
fonnats.
(4) The Board shall, after giving an opportunity ofbeing heard to the persons who
made relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.
(5) The Board shall within a period of two months from the last date of receipt of
the suggestions, detennine the royalties payable to the owner of the copyright under sub
section (2) of section 31 C .
The Board shall within a period of two months from the last date of receipt of
the suggestions, detennine the royalties payable to the owner of the copyright under sub
section (2) of section 31 C . The
Board while determining the royalty shall take into
co~sideration the following factors, namely:
(a) the retail price ofthe earlier sound recording;
(b) the prevailing standards of royalties with regard to literary, dramatic or musical
work for making such recordings;
(c) the nature and class of the work, language, format and medium in which it is to
be sold; and
(d) such other matters as may be considered relevant by the Board.
(6) The Board may revise the rates of royalties periodically, at least once in a year,
keeping in view ofthe provisions ofthis rule.
28. Complaint in respect of non-payment of royalties.--(1) The owner of a copyright in
any literary, dramatic or musical works included in original sound recording may make a
complaint to the
Board in case of non-payment of royalty in full, as determined by the
Board, in respect ofthe cover version purported to be made.
included in original sound recording may make a
complaint to the
Board in case of non-payment of royalty in full, as determined by the
Board, in respect ofthe cover version purported to be made.
71
[ 'IWT II-~ 3(i)]
,:imr cJ;T ~
: ~
(2) If the Board is prima facie satisfied as to the genuineness ofthe complaint, it may
pass an interim order directing the person making the cover version to cease from making
further copies.
(3) The
Board may, after holding such enquiry as it considers necessary and after
giving an opportunity of being heard to the owner of rights in any literary, dramatic or
musical works included in original sound recording, make such further order, as it deems
fit, inclJding an order for payment ofroyalty.
CHAPTER VIII
STATUTORY LICENCE FOR BROADCASTING OF LITERARY AND MUSICAL
WORKS AND SOUND RECORDING
29. Notice to owner for communication to the public of literary and musical works and
sound recordings.- (1) Any broadcasting organisation desirous of communicating to the
public by way ofbroadcast or by way of performance of a published literary or musical work
and sound recording under sub-section (I) of section 31 D shall give a notice of its intention
to the owner of the copyright and to the Registrar of Copyrights before a period of five days
in advance of such communication to the public and shall pay to the owner ofthe copyright,
in the literary or musical work or sound recording or any combination thereof, the amount of
royalties due at the rate fixed by the Board in this regard:
nd shall pay to the owner ofthe copyright,
in the literary or musical work or sound recording or any combination thereof, the amount of
royalties due at the rate fixed by the Board in this regard:
Provided that in case of communication fo the public by way of broadcast or by way of
performance of a newly published literary or musical work or sound recording or any
combination thereof, which has been published within the said period of five days of such
communication and which do not form part ofthe scheduled programmes, the notice shall, be
given before such communication to the public:
Provided further that in case of communication to the public by way of broadcast or by way
of performance of·any published literary or musical work and sound recording or any
combination thereof, in unforeseen circumstances, the notice shall, be given within twenty-
four hours of such communication to the public.
Provided also that any broadcasting organisation shall give a notice under this Chapter only
after the royalty to be paid is determined by the Board under rule 31 and published in the
Official Gazette and in the website ofthe Copyright Office and the Board.
(2) Every such notice shall be in respect ofworks belonging to one owner only.
(3) Separate notices shall be given for communication to public by way of radio
broadcast or Jelev.ision broadcast or by way ofperformance of a literary or musical work and
sound recording which has already been published.
(4) The notice under sub-rule (I) shall contain the following parti~ulars, namely:
cast or by way ofperformance of a literary or musical work and
sound recording which has already been published.
(4) The notice under sub-rule (I) shall contain the following parti~ulars, namely:
12
lHE GAZETTE OF INDIA : EXTRAORDINARY
[PART 11----SEC. 3(i)]
(a) Name ofthe channel;
(b) Territorial coverage where communication to public by way of radio
broadcast, television broadcast or performance under sub-rule (3) is to be made;
(c) Details necessary to identify the work which is proposed to be communicated
to the public by way of radio broadcast, television broadcast or performance
under sub-rule (3);
(d) Year of publication of such work, if any;
(e) Name, address and nationality ofthe owner ofthe copyright in such works;
(t) Names of authors and principal performers of such works;
(g) alterations, if any, which are proposed to be made for the communication to
the public by way of radio broadcast, television broadcast or performance of the
works, reasons thereof, and the evidence of consent of the owners of rights, if
required, for making such alteration;
(h) Mode of the proposed communication to public, i.e. radio, television or
performance;
(i) Name, if any, ofthe programme in which the works are to be included;
(j) Details oftime slots, duration and period ofthe programme in which the works
are to be included;
•
(k) Details ofthe payment of royalties at the rates fixed by the Board; and
(l) Address of the place where the records and books of accounts are to be
maintained for inspection by the owner of rights.
30.
ils ofthe payment of royalties at the rates fixed by the Board; and
(l) Address of the place where the records and books of accounts are to be
maintained for inspection by the owner of rights.
30. Maintaining of records.-(1) Records containing the details of the owners in respect of
total number of works broadcast, the details of such works and the time slot, duration and
per_iod of the broadcast shall be maintained by the broadcasting organisation at its principal
place ofbusiness and shall be open to inspection on prior notice by the owner of rights or his
duly authorised agent or representative in the works during business hours and may obtain
copies of relevant extracts from such records at their cost. The broadcasting organisation shall
maintain separate records for radio broadcasting and television broadcasting.
(2) The broadcasting organisation shall maintain separate books of accounts for
communication to public_by way of bro~dcast containing such details as may be determined
by the Board at the time of fixing the rate of royalty and render to the owners of rights such
reports and accounts.
31. Manner of determining royalties. -
(1) The
Board shall immediately after its
constitution either suo motu or on receipt of a request from any interested person, give public
notice of its intention to fix royalties for communication to the public of literary or musical
work and sound recording under section 31 D and may invite suggestions for determining
the same. Such notice shall be given separately for radio and television broadcasting.
of literary or musical
work and sound recording under section 31 D and may invite suggestions for determining
the same. Such notice shall be given separately for radio and television broadcasting.
['IWT II-~ 3(i)]
73
(2) The notice under sub·rule (l) shall Le publbhed by the Board in the Official
Gazette and shall be re--puhlished in two daily news papers having circulation in the major
part of the country and shall be posted on the website ofthe Copyright Office and the Board.
(3) Any O\rner of copyright or any broadcasting organisation or any other interested
person may within thirty days from the date of publication of public notice under sub-rule (1)
shall give suggestions with adequak evidence as to the rate of royalties to be fixed including
different rates for different works and different formats.
(4) The Board shall after giving an opportunity being heard to the persons who made
relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.
(5)The Board shall
within a period of two months from the last aate of receipt of
suggestions, determine separate rates of royalty to be paid to the owners of literary or
musical work and sound recording for radio and television broadcasting respectively.
(6)The
Board shall determine the royalties payable to the owner of the copyright
under sub-section (2) of section 31 D for radio and television broadcast separately.
ion broadcasting respectively.
(6)The
Board shall determine the royalties payable to the owner of the copyright
under sub-section (2) of section 31 D for radio and television broadcast separately.
(7) The Board while determining the royalty shall take into consideration the
following factors, namely: -
(a) time slot in which the broadcast takes place and different rates for different time
slot including repeat broadcast;
(b) different rates for different class of works;
(c) different rates for different nature of use of work;
(d) the prevailing standards of royalties with regard to such works;
(e) the tem1s and conditions included in the Grant of Permission Agreement (GOPA)
between Ministry of Information and Broadcasting and the broadcaster for Operating
Frequency Modulation (FM) Radio Broadcasting Service; and
(f) such other matters as may be considered relevant by the Board.
(8) The Board while determining the payment of royalties under sub-rule (5)shall take
into consideration, the following factors, namely:
(a) works included in the scheduled programmes;
(b) works newly published and not included in the scheduled programme;
(c) works communicated to the public on unexpected circumstances; and
(d) use of works in excess of the duration, different time slot or tetTitoria! coverage
than mentioned in the notice
(9) The Board may revise the rates of royalties periodically, at least once in a year
keeping in view the provisions of these rules.
time slot or tetTitoria! coverage
than mentioned in the notice
(9) The Board may revise the rates of royalties periodically, at least once in a year
keeping in view the provisions of these rules.
74
THE GAZETTE OF INDIA : EXTRAOPDINARY
rPART n-
si:c. 3(i)l
CHAPTER IX
LICENCES FOR TRANSLATIONS
32. Application for licence. -
(I) An application for a licence under section 32 to produce
and publish a translation of a literary or dramatic work in any language shall be made in
Form VI and shall be accompanied by the fee specified in Second Schedule.
(2) Every such application shall be in respect of one work only and for translation of
that work into one language only.
33. Notice of application. -
(l) When any such application has been made, the
Board
shall, as soon as possible, give notice of the application in the Official Gazette and also, if the
Board thinks fit, in one or two newspapers and shall send a copy of the notice to the owner of
the Copyright, wherever practicable.
(2) Every such notice shall contain the following particulars, namely:
(a) the date ofthe application;
(b) the name, address and nationality of the applicant;
(c) particulars of the work which is to be translated;
(d) the date and country ofthe first publication ofthe work;
(e) the name, address and nationality of the owner of the copyright as stated in
the application;
(I) the language in which the work is to be translated; and
(g) the registration number ofthe work in the Register of Copyrights, if any.
34. Consideration of the application.
in
the application;
(I) the language in which the work is to be translated; and
(g) the registration number ofthe work in the Register of Copyrights, if any.
34. Consideration of the application. -
(1) The Board shall consider the application after
the expiry of not less than one hundred and twenty days from the date of the publication of
the notice in the Official Gazette.
(2) The
Board shall give an opportunity to the applicant and also, wherever
practicable to any person claiming any interest in the Copyright of the work, to be heard and
may take such evidence in respect of the application, as it thinks fit.
(3) If more than one application for translation of the work in the same language is
pending before the Board at the expiry of one hundred and twenty days after the publication
in the Officiai Gazette of the notice of the application first received, all such applications
J
shall be considered together.
l
1
(4) If the Board is satisfied that the licence for a translation of the work in the
language applied for may be granted to the applicant or, if there are more applicants than one
to such one of the applicants as, in the opinion of the Board, would best serve the interests
of the general public, it shall grant a licence accordingly.
(5) Every such licence shall be subject to the condition provided in sub-section (4) of
section 32 relating to the payment of royalties and shall specify-
(a) the period within which the translation shall be produced and published;
(b) the language in which the translation shall be produced and published;
the payment of royalties and shall specify-
(a) the period within which the translation shall be produced and published;
(b) the language in which the translation shall be produced and published;
[ 'qT1l II-~ 3(i)]
75
(c) the rate at which royalties in respect of the copies of the translation of the work
sold to the public shall be paid to the owner ofthe copyright in the work; and
(d) the person or persons to whom such royalties shall be payable.
(6) The grant of every such licence shall, as soon as possible, be noflied in the
Official Gazette and in the newspapers, if any, in which the notice under rule 33 was
published and a copy of the licence shall be sent to the other parties concerned and posted on
the official website ofcopyright office and the Board. •
35. Manner of determining royalties. -The Board shall determine the royalties payable to
the owner of the copyright under sub-section (4) of section 32. The-Board while determining
the royalty shall take into consideration the following, namely:
(a) the proposed retail price of a copy ()fthe translation of the work;
(b) the prevailing standards ofroyalties with regard to translation of works; and
(c) such other matters as m.1y be considered relevant by the Board.
36. Extension oftbe period of licence. -The Board,may, on the application ofthe licensee
and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the
licensee was for sufficient reasons unable to produce and publish the translation within the
period specified in the licence, extend such period.
37.
rever practicable, if it is satisfied that the
licensee was for sufficient reasons unable to produce and publish the translation within the
period specified in the licence, extend such period.
37. Cancellation of licence. -The Board may, after giving the licensee an opportunity of
being heard, cancel the licence on any ofthe following grounds, namely:
(a) that the licensee has failed to produce and publish the translation within the time
specified in the licence or within the time extended on the application ofthe licensee;
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
and
(c) that the licensee has contravened any ofthe terms and conditions ofthe licence.
CHAPTERX
LICENCE FOR PUBLICATION, TRANSLATION AND RE-PRODUCTION OF
WORK
38. Application for licence. -
(I) An application for a licence under sub-section (IA) of
section 32 and section 32A to publish or to translate any work in any language or to
reproduce any published work shall be made in Form VII and shall be accompanied by the
fee specified in the Second Schedule.
(2) Every such application shall be in respect of one work only and in respect of
translation of a work into one language only.
d shall be accompanied by the
fee specified in the Second Schedule.
(2) Every such application shall be in respect of one work only and in respect of
translation of a work into one language only.
76
TI-IE GAZETTE OF INDIA: EXTRAORDINARY
39. Notice of application. -
(1) A copy of such application shall be served by registered
post on the owner of copyright .
(2) The Board shall give ao opportunity of being to the applicant and also, wherever
practicable, to any person claiming any interest in the copyright of the work, and may take
such evidence in respect of the application, as it may deem fit.
(3) If the
Board is satisfied that the licence for a translation of the work in the
language or for publication or for reproduction of the work, applied fix may be granted to the
applicant, or if there are more applicants than one, to such of the applhants, as in the opinion
of the Board, would best serve the interest of the general public, i. shall
grant a licence
within a period of two months.
are more applicants than one, to such of the applhants, as in the opinion
of the Board, would best serve the interest of the general public, i. shall
grant a licence
within a period of two months.
(4) Every such licence shall be subject to the condi:ions provked in clause (i) of sub
section (4) of section 32 and clause 1(i) of sub-section (4) of sectio11 '~2A of the Act relating to
payment of royalties and shall specify :
(a) the period within which such work shall be published:
(b) the rate at which royalti,i!s in respect of the copies of such work sold to the public
shall be paid to the owner ofthe copyright in the work;
(c) in the case of translation of the work, the language in which the translation shall be
produced and published; and
(d) the person or persons to whom such royalties shall be payable.
(5) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and shall be posted on the website of the Copyright Office and the Board and
a copy ofthe licence shall be sent to the other rarties concerned.
40. Manner of determining royalties. - The Board shall determine the royalties payable to
the owner of the copyright under clause (i) of sub-section (4) 0f section 32 and clause (i) of
sub-section (4) of section J2/\ of the Act.
ties. - The Board shall determine the royalties payable to
the owner of the copyright under clause (i) of sub-section (4) 0f section 32 and clause (i) of
sub-section (4) of section J2/\ of the Act. Th,~
Board may while determining the royalty
shall take into consideration the following, namely:-
(a) the proposed retail price ofa copy of such work;
(b) the prevailing standards of royalties with regard to such works; and
(c) such other matters as may be considered relevant by the Board.
41. Extensi, 1 if the pe1riod of iicence.-The Board may, on the applic,iti,m of the licensee
and after notice to !ht! owner of the copyright, wherever practicable. if it 1s satisfied that the
licer,s; e wa:; 0:ir suffic :,~nt reasons unable to produce and publish the translation or for
publish or reproduce the: work within the p,eriod specified in the licen.:e, extend such period.
42. Cancellation of lic1~nce. - \'he Board may, after giving the licensee an opportunity of
being heard, cancel thr licence <many of th,e following grounds, namely:-
(a) that the licensee ha~ foiled to produce and publish such work within the time
specified in the liccnc:e or within the time extended on the application of the licensee;
lowing grounds, namely:-
(a) that the licensee ha~ foiled to produce and publish such work within the time
specified in the liccnc:e or within the time extended on the application of the licensee;
Tl
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
and
(c) that the licensee has contraver1eci any of the terms and conditions of the licence.
43. Notice for termination of licence. -Notice for termination of licence under proviso to
sub-section (1) or sub-section (2) of section 32-B shall be served on the person holding the
licence by the owner of copyright in Form IV of the First Schedule annexed to these rules.
CHAPTER XI
COPYRIGHT SOCIETIES
44. Conditions for submission of application for registration of copyright society. -
(1)
Any association of persons, h,wing an independent legal personality, comprising seven or
more authors and other owners of rights (hereinafter referred to as "the applicant") formed for
the purpose of carrying on the business of issuing or granting licences in respect of a right or
set of rights in specific categories of works may file with the Registrar of Copyrights an
application in Form VI H for submission to the Central Government for grant of permission to
carry on such business and for its registration as a copyright society. The Central Government
may grant registration of the society for a period of five years under sub-section (3A) of
section 33.
carry on such business and for its registration as a copyright society. The Central Government
may grant registration of the society for a period of five years under sub-section (3A) of
section 33.
(2) An application under sub-rule (l) of rule 44 shall be signed by the Chairman, all
other members of the Governing Council (by whatever name called) with such number of
persons elected from among the members of the society consisting of equal number of
authors and other owners of right, if any, for the purpose of the administration of the society
and the Chief Executive Officer of the applicant (who need not be a member).
(:,) The business of issuing or granting licence in respect of literary, dramatic, musical
and artistic works incorporated in a cinematograph film or sound recording shall be carried
out only through a copyright society duly registered under section 33 of the Act.
45. Membership of Copyright Society. -Membership of every copyright society shall be
open to all the authors and other owners of a right or set of rights in specific categories of
works for which it is registered.
46. Conditions for grant of permission to carry on copyright business.
en to all the authors and other owners of a right or set of rights in specific categories of
works for which it is registered.
46. Conditions for grant of permission to carry on copyright business. -( l) An applicant
referred to in rule 44 for registration of it as a copyright society shall not be eligible to be
considered for such registration unless
(i) the instrument by which the applicant is established or incorporated creates a
commitment on it to deal with only the business of issuing or granting licences in
respect of a right or set of rights in specific categories of works and other activities
ancillary thereto; and
78
TIIE GAZETTE OF INDIA : EXTRAORDINARY
[PARr II--SEC. 3(i)]
(ii) the applicant is willing to comply with the provisions of the Act and the rules
made thereunder.
(2) The applicant shall not carry out the business by way of sub-licensing or
transferring the rights of collection and distribution of royalties in respect of a right or set of
rights in specific categories ofworks to any other person or copyright society:
Provided that the applicant may enter into agreement with any foreign society or organisation
administering rights corresponding to the right or set of rights administered by the applicant
to entrust to such foreign society or organisation the administration in any foreign country of
the right or set of rights administered by the applicant, or for administering in India the rights
administered in a foreign country by such foreign society or organisation under sub-section
(2) of section 34 of the Act.
hts administered by the applicant, or for administering in India the rights
administered in a foreign country by such foreign society or organisation under sub-section
(2) of section 34 of the Act.
Explanation: For the purpose of this chapter "instrument" means the memorandum and
articles of association.
47. Application and conditions for re-registration or renewal of existing copyright
society. -(1) A Copyright society registered section 33 and desirous of carrying on the
business as a copyright society shall submit an application for re-registration in Form-IX to
the Registrar of Copyrights within a period two months from the date of Coming into force
of these rules.
(2) A copyright society registered under this chapter may apply for renewal of its
registration within a period of three months before the expiry of its
registration. The
application for such renewal shall be made to the Registrar of Copyrights in Form-IX for
submission to the Central Government for grant of permission to continue with its business
and the Central Government may renew the registration of the society for a further period of
five years after considering the report of the Registrar of Copyrights on the working of the
copyright society.
(3) In case of renewal of registration the applicant shall submit a copy of resolution
passed by the General Body declaring that all the royalties collected till the previous
accounting year have been distributed to all accessible members and f!O complaint in this
regard is pending.
passed by the General Body declaring that all the royalties collected till the previous
accounting year have been distributed to all accessible members and f!O complaint in this
regard is pending.
(4) The applicant in case of re-registration or renewal of registration shall submit
necessary documents indicating re-election to the Governing Council including its Chairman.
48. Documents accompanying applications. -Every application made under rule 44 and
47 shall be accompanied by
(a) a true copy ofthe instrument by which the applicant is established or incorporated;
(b) the consent in writing of the individuals named in the application to act as
members of the Governing Council of the applicant;
[ 'llJTI 11--~ 3{i)]
79
(c) a declaration containing the objectives of the applicant, the bodies through which
it will function and arrangements for accounting and auditing;
(d) an undertaking to the effect that the instrument by which the applicant is
established or incorporated provides for conforming the same to the provisions of the
Act and these rules;
(e) a copy of the Register of authors and owners containing the list of the-authors and
other owners of rights, their names and addresses;
(f) a statement as to the changes, if any, made in the instrument since the last General
Body in case of application made under rule 47; and
(g)
copies of various schemes as mentioned in this chapter as approved by the
General Body in case of application made under rule 47.
49. Conditions for registration of a copyright society.
; and
(g)
copies of various schemes as mentioned in this chapter as approved by the
General Body in case of application made under rule 47.
49. Conditions for registration of a copyright society. -
(1) When an application for
registration is submitted to the Central Government through the Registrar of Copyrights, that
Government may, within a period of sixty days from the date of its receipt by the Registrar of
Copyrights either register the applicant as a copyright society or, if
(i) the applicant has no professional competence to carry on its business or has no
sufficient funds to manage its affairs; or
(ii) there exists another copyright society registered under the Act for administering
the same right or set of rights in the specific categories of works and it is well
functioning ; or
(iii) the Central Government has reason to believe that the members of the applicant
are not bona fide copyright authors or other owners or they have not voluntarily
signed the instrument setting up the applicant and the application for registration ; or
(iv) the application is found to be incomplete in any respect,
reject the application:
Provided that no such application shall be rejected without giving an opportunity of being
heard to the applicant.
(2) Upon the registration of a copyright society by the Central Government, the
Registrar of Copyrights shall issue a certificate of registration in Form-X under his hand and
seal.
the applicant.
(2) Upon the registration of a copyright society by the Central Government, the
Registrar of Copyrights shall issue a certificate of registration in Form-X under his hand and
seal.
(3)0n and from the date of its registration as specified in the certificate of registration,
the copyright society shall be entitled to commence and carry on the permitted ·copyright
business in the name by which it has been so registered and the applicant shall
(a) maintain its own website giving all information pertaining to its activities; and
(b) have proper infrastructure such as office building and necessary officials for
management such as Chief Executive Officer, licensing officers, legal officers and
accountants and other required staff appointed at the time of applying for registration.
80
THE GAZETTE OF INDI~ : EXTRAORDINARY
[PART U- Ste. 3(i))
(4) The Copyright Society shall carry on business of issuing or granting licences only
in respect of the right or the set of rights in the specific categories of works for which it is
registered and shall not issue or grant licence in respect of any other right or set of rights in
those or other categories of works for which it is not registered.
50.
es of works for which it is
registered and shall not issue or grant licence in respect of any other right or set of rights in
those or other categories of works for which it is not registered.
50. Order of inquiry, suspens'ion of registration and appointment of administrator.-(1)
If the Central Government, on a complaint of the Registrar of Copyrights or a member of the
copyright society, has reason to believe that the copyright society is being managed in a
manner detrimental to the interests of its members concerned or for non-compliance of
requirements under section 33A, sub-section (3) 0f section 35 and section 36 of the Actor
any change carried out in the instrument by which the copyright society is estabfo,hed or
incorporated and registered by the Central Govctnmcnt, without prior notice to it shall,
provide a copy of the complaint to the society and require the society to submit a written
statement within fifteen working days.
(2)If, after considering the written statement furnished by the society, the Central
Government is prima facie satisfied:
(a)
it shall order an inquiry under sub-section (4) of section 33, into the
allegations and appoint an inquiry officer not bdow the rank of a Deputy
Secretary to the Government of India for holding an inquiry.
order an inquiry under sub-section (4) of section 33, into the
allegations and appoint an inquiry officer not bdow the rank of a Deputy
Secretary to the Government of India for holding an inquiry. During inquiry, if
the Central Government is of the opinion that in the interests of the members
concerned, it is necessary so to do, it may, by order, suspend the registration of
the society for a period not exceeding one year, and shal1 appoint an
administrator to discharge the functions ofthe copyright society; or
(b)
it may, in the interests of the members concerned, suspend the
registration of the society for a period not exceeding one year and appoint an
administrator to discharge the functions of the copyright society arid further
order an inquiry as per clause (a).
(3)The person appointed as administrator shall be a person with sufficient experience
in administration or accounting ofcopyright matters.
51. Procedure for holding Inquiry.- (1) The inquiry officer appointed under rule. 50 shall
conduct the inquiry having regard to the principles of natural justice.
(2) The inquiry officer may, if he considers necessary, engage a chartered accountant
or an audit officer in the office of the Comptroller and Auditor-General of India or any legal,
financial, copyright cons\,\ltant to assist him in the inquiry.
essary, engage a chartered accountant
or an audit officer in the office of the Comptroller and Auditor-General of India or any legal,
financial, copyright cons\,\ltant to assist him in the inquiry.
(3) The copyright society concerned shall render all assistance and shall make
available all such documents as may be called for by the inquiry officer to enable him to
complete the inquiry within a period of three months or such further time as may be allowed
by the Central Government.
..
['IWT II-~ 3(i)]
81
52. Powers and Functions of the Administrator.- (1) On appointi:nent ofthe administrator
under rule 50 read with sub-section (5) of section 33 of the Act, all powers of the copyright
society shall vest in him and all other representative bodies or committees of the copyright
society other than the general body shall stand dissolved.
(2) The administrator shall arrange for the reconstitution of the dissolved bodies
before the expiry of the period of suspension failing which, the bodies so superseded shall
stand revived at the end of the period of suspension for their remaining term, excluding the
period of suspension.
53.
iry of the period of suspension failing which, the bodies so superseded shall
stand revived at the end of the period of suspension for their remaining term, excluding the
period of suspension.
53. Cancellation of registration of a copyright society.-The registration of a copyright
society as such may be cancelled by the Central Government after giving the copyright
society a reasonable opportunity of being heard, if
(a) any of the particulars furnished in the application for registration is, at any time,
found to be untrue or incorrect and misleading in any manner; or
(b) after holding an inquiry by an officer duly appointed by the Central Government,
the Central Government is satisfied that
(i) the copyright society failed to cooperate with the inquiry officer; or
(ii) the complaints against the copyright society are found to be true; or
(iii) the copyright society is being managed in a manner detrimental to the
interests ofthe members concerned; or
(iv) the copyright society persistently fails to manage its affairs properly; or
(v) the copyright society failed to distribute the royalties as per the scheme; or
(vi) the copyright society persistently fails to properly maintain its accounts and
get them audited; or
(vi) the copyright society utilises its funds for purposes other than those
mentioned in the instrument; or
(c) the society has not complied with
(i) section 33A of the Act regarding the publication of Tariff scheme by the
copyright society;
for purposes other than those
mentioned in the instrument; or
(c) the society has not complied with
(i) section 33A of the Act regarding the publication of Tariff scheme by the
copyright society; or
(ii) sub-section 3 of section 35 of the Act regarding equal representation of
authors and other owners of rights in the Governing Council of copyright
society as specified in rule 44; or
(iii) section 36 of the Act· regarding submission of returns and reports to the
Registrar ofCopyrights by copyright society; or
(iv) the procedure for obtaining approval of authors and othe! owners of right
for collection and distribution of royalty; or
(d) the society is issuing or granting licence in respect ofthe right or set of rights in the
specific category ofworks for which it is not registered.
/D78 G,l/ls-/1
THE G/\?~TTE OF INDIA: EXTRAORDINARY
[PART II-SEC. 3(i)]
82
.,. ===================
54. Conditions subject to wlrL '.°:' i'i 5::i.!;-yright society may accept authorisation and an
author or other owner of right§ m1:;J:2l:f f)!ithdraw such authorisation.- (l)A copyright
society may accept from an auth,x o;· oth::,-r ov,·ner of rights or his duly authorised agent,
exclusiv;.~ aut1iorisation to admini~,.:~:r the, right or set of rights in the specific categories of
works for which the copyright society is registered, if such author or other owner or such
agent enters into an agreement, ;,1 writing, witb the copyright society specifying the rights to
be administered, the duration for which such nghts are authorised to be administered, the·
or such
agent enters into an agreement, ;,1 writing, witb the copyright society specifying the rights to
be administered, the duration for which such nghts are authorised to be administered, the·
quantum of royalty agreed to and the freqwmcy at which such royalty shall be paid by the
copyright society in accordance with its Scheme of Tariff and Distribution:
Provided that in case of literary or musk,:.! w•xks inchidet1 in a cinemat,:::,gmph film or sound
recording the ::bare of royalty olher than for com1m:mc,iiion cf the work along with the
cinematograph film in H cinema hall shall be on equal basis bet-veen the nuthor of the work
and the owner of film o, sound recording, as the case ma1 be.
(?) 'l'he (·c",1rioht so~ietv shall not im·YlSf ",1v ~np 1;1:,... r
,,_,_
.~ -
-
~· ·p,,.! -~
\.,
~..,
Jo.~
J \.'
.
~~-
) ..., .... _-•• ~ .,
for distribution of royalties
•
~l,1,_el
collected to authc;- er 0•her <rvner of rights.
(3) The r.uthor or other own,;;r of 1 •
,,s"L:J.•. •• .~:r•ut p;·ej~tdke ~n the rights under the
agreement and subject to the condition of •.
, , .
collected to authc;- er 0•her <rvner of rights.
(3) The r.uthor or other own,;;r of 1 •
,,s"L:J.•. •• .~:r•ut p;·ej~tdke ~n the rights under the
agreement and subject to the condition of •.
, , . :,,>: or sixty day.;, be free to withdraw
such authorisatkm in case the copynght socd) 12;;1.s to fulfil its com:nitments as laid down in
the agreement
(4) 1ne ri!:'ht t(, rcceivi; royalty, for any litcr<zr1 or mus:cal ·••:o.k induded in the
cinematograph fiim, shared on equal basis with the assignee of copyright for the utilisation of
such work in any form other than for the comn:rmication to the public of th~ work along with
the cinematograph film in a cinema hall shall not be assigned to any other copyright society
other than to the society for which it is intendt:'d ti) be registered.
(5) The right to receive royalty, for any literary or musical work included in the sound
recording which does not form part of any cinematograph film, shared on equal basis for any
utilisation of such works with the assignee of copyright shall not be assigned to any other
copyright society other than to the society for which it is intended to be registered.
55.
basis for any
utilisation of such works with the assignee of copyright shall not be assigned to any other
copyright society other than to the society for which it is intended to be registered.
55. Conditions subject to which a copyright society may issue licences, collect royalties
and distribute such royalties.- (1) A copyright society may issue licences and collect
royalties in accordance with Tariff Scheme in relation to the right or the set of rights in the
specific categories of works for which the copyright society is registered as it has been
.authorised to administer in writing by the members for the period for which it has been so
authorised.
(2) The royalty so collected shall be distributed in accordance with the Distribution
Scheme su~ject to a deduction not exceeding fifteen per cent. ofthe annual total collection .on
83
[ 't!l1l II--~ 3(i) l
account of administrative expenses incurred by the copyright society and a further deduction
not exceeding five per cent. for the Welfare Sd·.eme under rule 71.
Provided that a copyright society may
~1; \,~ ~f'c ~nitial period of two years
of its
registration deduct up to twenty per cent of . , i; nm;,al total collection on account of
administrative expenses incurred by ti1e society.
56.
ay
~1; \,~ ~f'c ~nitial period of two years
of its
registration deduct up to twenty per cent of . , i; nm;,al total collection on account of
administrative expenses incurred by ti1e society.
56. T~ri:ff Scheme .- (1) As soon as may be, but itl~ :, ) .;a~e later than three months from the
date on whict a copyright society has become entit!ed 10 commence its copyright business, it
::hall frame a scheme of tariff to be ca!bd fr, : "1;,nff S,·\, me" under section 33A of the Act
settmg out the nature and quantum of ro: ,' ~iei, i 1vhic~1,
proposes to collect in respect of
right or the t'.irt of rights in the ,:;pecific categ0:1';:: of e•Jtks administered by it.
(!) Fvery copyright society shall display i:s 'fariff Scheme by posting it on its website.
(3) rhe T;11riff Scheme shall indicate the separate rates tor
(&.) ~~ifferent categories of users;
(b) ,ji.:Jerent media ofexploitation, Sii,CTI :.:s tekphone, broadcast or internet;
(c) different types of exploitation wti1:i1er by an individual or by groups or
.the
siri...;te or multiple use or for advertising::
(d) different durations of use and territory; and
(e) any other differentiation factor i:ndic~:ted by the soclety, as it may deem fit.
(4)While fixing the tariff the c:opyright socir:ry sb;:,11 t ;;.,,ii! the gti.folines issued by any
court or the Board, ifany, and may consult the uu:r g10~1f s.
(5)The copyright society shalt -,::,:;;llect the royalties fr:-:'11 a iicensee ~n advance where the
Tariff Scheme provides for lump <,um payment ofroyaltiif.
any, and may consult the uu:r g10~1f s.
(5)The copyright society shalt -,::,:;;llect the royalties fr:-:'11 a iicensee ~n advance where the
Tariff Scheme provides for lump <,um payment ofroyaltiif. t,1 cases whefe the Tariff Scheme
provides for payments in installments, each installment shall be ~. ,Uected in advance.
However, in cases where the Tariff Scheme provides for the payment of royalties based on
actual use, the copyright society may collect an advance at t'lie time of issue of licence and
settk: the final payment based on actual use at the end of t'.:le period for which the licence is
issued or gr.mted.
Provided that the copyright society shall not receive any payment in the nature of minimum
guarantee from a. licensee whose royalty payments are based on actual use which are to be
settled with the society at the end of the fo~nce period except where, any exceptional
circumstances are specifically include:·r:l! i~. r:r~ "··ariff Scheme and the individual case has been
approved by the Goveming Council.
(6)The copyright society may re\iise the T~riff Scheme periodically but not earlier
than a period of twelve months by following the rules. It shall publish the date of coming into
of the revised. Tariff Scheme at least before two moriths in advance and the srune shall be
posted on its website.
of twelve months by following the rules. It shall publish the date of coming into
of the revised. Tariff Scheme at least before two moriths in advance and the srune shall be
posted on its website.
84
IBE GAZETTE OF INDIA : EXlRAORDINARY
[PART 11--SEC. 3(i)]
57. Appeal to the
Board on Tariff Scheme.- (I)Any person aggrieved by the Tariff
Scheme may appeal to the Board under section 3JA along with the fee specified in the
Second Schedule.
(2) The Board, if satisfied with the grounas ofthe appeal, shall
(a) serve a copy ofthe appeal to the copyright society; and
(b) give an opportunity to the appellant and also, to the copyright society, to be
heard and may take such evidence in respect of the appeal, as it may deem
fit.
(3) The appellant shall pay to the copyright society any interim tariff fixed by the
Board that has fallen due before filing an appeal to the Board ..
(4)The Board may after hearing the parties fix an interim tariff and direct the appellant
to make the payment accordingly pending disposal ofthe appeal.
(5)The
Board shall determine the Tariff Scheme of the copyright society under
section 33A, after taking into consideration:
(a) the prevailing standards of royalties in regard to such commercial exploitation
ofworks; and
(b) such other matters as may be considered relevant by the Board.
(6)The Board shall dispose of the appeal within a period of three months from the
date ofits filing.
58.
loitation
ofworks; and
(b) such other matters as may be considered relevant by the Board.
(6)The Board shall dispose of the appeal within a period of three months from the
date ofits filing.
58. Distribution Scheme .- (I) A copyright society shalJ frame a scheme to be called the
"Distribution Scheme" setting out the procedure for distribution of royalties specified in the
Tariff Scheme among the members whose names are enter~ in the Register of Authors and
Owners maintained under clause (i) of rule 59 for the approval of the General Body of the
society, as soon as may be, but in no case later than three months from the date on which a
copyright society has become entitled to commence its copyright business.
(2) The distribution shalJ, reasonably, be in proportion to the royalty income of the
copyright society derived from the grant of licences for right or set of rights in the specific
categories ofworks for which it is administering each author and other owners ofright.
(3) There shall be no discrimination between authors and other owners of rights in the
distribution_ ofroyalties by the copyright society.
(4)While distributing the royaJties the copyright society shall inform aJJ members about
the basis on which such amount ofroyalties are being distributed.
(5)
The Distribution Scheme shall aim to ensure that all royalty distributions are fair,
accurate, cost effective and without any unknown or hidden cross-subsidies.
yalties are being distributed.
(5)
The Distribution Scheme shall aim to ensure that all royalty distributions are fair,
accurate, cost effective and without any unknown or hidden cross-subsidies.
85
[ 'l1PT II-~ 3(i)]
~
cfiT ~
: ~
(6)
The society shall fix parameters in a transparent manner f<3r determining the share of
distribution of its members and reveal the details of the same in a manner that is easily
understandable to its members.
(7)
The distribution of royalties shall be based on actual use or reliable statistical data that
fairly represent the commercial exploitation ofthe iicensed rights.
(8)
The Distribution Scheme shall ensure that the royalties to all members are distributed
at least once in a quarter.
(9)
The copyright society shall not make any payment in the nature of minimum
guarantee to its members against the share ofroyalties due to its members.
(10)
The royalties collected based on the Tariff Scheme for the licensing of the rights in
the literary or musical works included in a cinematograph film or sound recording shall be
shared on an equal basis with the authors of literary or musical works and the owners of
rights in cinematograph film or sound recording under sub-section ( 1) of section 18.
59.
ecording shall be
shared on an equal basis with the authors of literary or musical works and the owners of
rights in cinematograph film or sound recording under sub-section ( 1) of section 18.
59. Management of Copyright Society.-(l)Every copyright society shall have
(a) a General Body consisting of all the authors and other owners of right
or set of rights in ~e specific categories of works for which the
copyright society has been authorised to issue or grant licences;
(b) a Governing Council with a Chairman and a minimum of six other
members; and
(c) a Chief Executive Officer (who may or may not be a member of the
society).
(2) The General Body shall be the decision making body of the society. All the
powers necessary for the purpose of effective management of the society shall be with the
General Body and the Governing Council may act as per the directions of the Governing
Body.
(3)The Chairman shall be elected by two third of the majority of all the members
present and voting itfthe General Body meeting ofthe Copyright Society.
(4)The Chairman ofthe Governing Council shall chair the General Body.
(5)The Chairman shall have the right to vote in the General Body and the Governing
Council.
(6) The members other than the Chairman of ~e Governing Council shall represent
equally from authors and other owners, elected from the General Body by the majority of
members present and voting in the General Body meeting ofthe Copyright Society.
ning Council shall represent
equally from authors and other owners, elected from the General Body by the majority of
members present and voting in the General Body meeting ofthe Copyright Society.
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II--SEc. 3(i)]
86
(7)The Chairman and other members of·the Governing Council shall be elected for a
period of two years and the members shall not be eligible for re-election for a period of two
years from the date ofcompletion oftheir term as members.
(8)The General Body may create sub-committees for preparing Tariff Scheme,
Distribution Scheme, Welfare Scheme and such other matters relating thereto, under the
supervision ofthe Governing Council.
(9)The General Body shall approve the instrument of the society including any
subsequent changes made to it.
60. Approval of Schemes .- (I) The copyright society shall call a General Body meeting to
approve any Scheme, as soon as it has been prepar:ed by the Governing Council in these
rules.
(2)A notice of not less than twenty-one days for the meeting shall be given to every
member and a copy of the proposed Scheme together with a note explaining the guiding
principles foHowed in the making of the said Scheme shall be annexed to the notice and the
same shall be posted on the website ofthe society.
(3)The notice under sub-rule (2) shall specify that any member who objects to the
Scheme shall be entitled to withdraw the authorisation given to the copyright society to
administer any right in his work from the date ofcommencement ofthe said Scheme.
y member who objects to the
Scheme shall be entitled to withdraw the authorisation given to the copyright society to
administer any right in his work from the date ofcommencement ofthe said Scheme.
(4)The copyright society shall keep a record of the members who have given their
approval and those who have objected thereto.
(5)Approval of the Schemes shall be by a majority of members present in person and
voting.
(6)The copyright society shall not amend any approved Scheme except with the prior
approval ofthe General Body.
61. Meetings of the Society .- (1) Every copyright society shall hold a General Body
meeting of all its members as its annual General Body meeting before the 31 st day of March
every year.
(2) A special meeting of the General Body called extra ordinary General Body
meeting of all its members may also be held, if considered necessary, by two thirds majority
ofthe Governing Council.
(3)The meetings of General Body and Governing Council shall be held in the town or
city in which its registered office is situated or such other convenient place as decided by the
Chairman ofthe society.
meetings of General Body and Governing Council shall be held in the town or
city in which its registered office is situated or such other convenient place as decided by the
Chairman ofthe society.
[ ,wr II-~ 3(i)]
'irl
(4) The notice for General Body meeting shall be issued before twenty-one days of
the meeting and it shall and specify the agenda, time, date and address of the venue of the
meeting and the same shall be posted on the website ofthe society.
(5) Every member of the society shall have equal voting rights in the General Body
meetings.
(6) There shall be no discrimination between members who are authors and other
owners of right.
(7) Quorum for meetings of the General Body shall be one third of the total members
and in case of lack of quorum the meeting may be adjourned for thirty minutes and then
members present shall constitute quorum.
(8) Quorum for the meetings of the Governing Council shall be one third of its tofol
members other than the Chairman with equal number ofauthors and other owners.
(9)The Registrar of Copyrights shall be invited as an observer to all General Body
meetings. The Registrar or his authorised representative on his behalf may attend the said
meeting.
62.
owners.
(9)The Registrar of Copyrights shall be invited as an observer to all General Body
meetings. The Registrar or his authorised representative on his behalf may attend the said
meeting.
62. Documents to be presented in the annual General Body meeting .- Every copyright
society shall place before its annual General Body meeting the following documents,
namely:
(i)
an up-to-date list of the authors and other owners of right or the set of rights in
the specific categories of works for which the copyright society has been authorised to
issue or grant licences, their names and addresses as recorded in the Register of
Authors and Owners maintained. by the copyright society, as provided in sub-rule (i)
of rule 64;
(ii)
audited accounts ofthe society for the previous year;
(iii)
the Tariff Scheme and the Distribution Scheme or any other scheme including
the decision ofthe Copyright Board on the said Schemes, ifany;
(iv)
annual report as approved by the Governing Council, giving full and detailed
account ofall its activities during the previous years;
(v)
Budget estimates along with programme of action as approved by the
Governing Council for the succeeding year;
(vi)
the agreements, if any entered with foreign copyright societies under sub
section (2) section 34 ofthe Act;
(vii)
any changes made in the instrument of registration ofthe society; and
(viii)
any other document relating to the society that require approval of the General
Body.
(2) section 34 ofthe Act;
(vii)
any changes made in the instrument of registration ofthe society; and
(viii)
any other document relating to the society that require approval of the General
Body.
~
Accounts and audit.- (1) Every copyright society shall maintain proper accounts of the
royalties collected in a financial year, payments made out of such collections tq the members
88
THE GAZETTE OF INDIA : EX1RAORDINARY
[PAIU II-SEC. 3(i)]
and other recurring and non-recurring expenditure incurred for meeting the administrative
and related matters, including the cost of litigations.
(2) The books of accounts shall be kept in the registered office of the society and shall
be open for inspection of the members from time to time as per the conditions laid down by
the General Body.
(3) Every copyright society shall get its accounts audited by a chartered accountant
annually.
64. Records to be maintained by copyright societies . -Every copyright society shall
maintain the following registers at its registered or administrative office
(1) a register of authors and other owners to be called the "Register of Authors and
Other Owners" in respect of right or set of rights in the specific categories of works
for which the copyright society has been authorised to issue or grant licences.
d the "Register of Authors and
Other Owners" in respect of right or set of rights in the specific categories of works
for which the copyright society has been authorised to issue or grant licences. The
register shall contain the names of the authors and other owners, their addresses, the
nature of rights authorised to be administered by the copyright society, year of
publication of the work, the date on which the copyright society becomes entitled to
issue or grant licences and the duration of such entitlement, the territoJ for which the
authorization has been given and the rights that have been so authorised;
(h) a register to be called the "Register of Agreements" containing a copy of every
agreement entered into by the copyright society with the authorls and other owners for
the purpose;
(iiz) a register to be called the "Register of Royalties" containing particulars of
royalties and mentioning the names of persons or organisations and copy of the
licence agreements from whom the royalti~s have been realised, and the amount so
realised .including the date of realisation;
(iv)
a register to be called the "Disbursement Register'' containing details of
disbursement of royalties made to each author or other owner of right or
set of
rights in the specific categories of works, category-wise, mentioning the name of the
author or other owner, nature of his right and the date and amount ofdisbursement of
royalty made to him.
65.
rights in the specific categories of works, category-wise, mentioning the name of the
author or other owner, nature of his right and the date and amount ofdisbursement of
royalty made to him.
65. Returns to be filed by .the copyright societies with the Registrar of Copyrights .
Every copyright society ·shall file a return • called the annual return with the Registrar of
Copyrights within one month from the date of conclusion of each annual General Body
meeting setting out the following details, namely :
....
['lWT II-~ 3(i)]
89
(i) the date of the annual General Body meeting held immediately preceding the filing
of the annual return, the number of members who attended the meeting, agenda and
the minutes of such meeting ;
(ii) the up-to-date list of the members, their names and addresses as recorded in the
Register of Authors and Owners maintained by the copyright society, as provided in
rule 64;
(iii) audited accounts ofthe copyright society;
(iv) the Tariff Scheme, Distribution Scheme and other Schemes, if any;
(v) annual report approved by the General Body giving full and detailed account of all
its activities during the year;
(vi) the list of the members to whom royalties are not distributed and the reasons for
the same; and
(vii) the list of the members to whom royalties have been distributed together with the
amounts so distributed .
•
66.
ers to whom royalties are not distributed and the reasons for
the same; and
(vii) the list of the members to whom royalties have been distributed together with the
amounts so distributed .
•
66. Code of Conduct for copyright societies .-Every copyright society shall conform to
the following Code of Conduct as follows:
( l )Every Society shall make available on its website
(a) certificate of registration as a Copyright Society;
(b) basic documents of governance such as memorandum of association, articles
of association, constitution or charter;
(c) list of all members of General Body;
(d) names and address of Chairman, other members of the Governing Council and
other officers ofthe society;
(e) right or set of rights in the specific categories of works for which the copyright
society has been authorised to issue or grant licences;
(t) all schemes of the society;
(g) annual report and audited accounts as approved by the General Body;
(h) licence agreement formats;
(i) details of all existing licences other than those clauses in the licence having
commercial sensitivity;
G) foreign societies with whom there are agreements to collect royalties and the
details of the agreement other than those clauses having commercial
sensitivity;
(k) details ofthe complaint or Grievances Cell; and
(l) the code of conduct.
(2)The members shall be
(a) treated fairly, honestly, impartially, courteously, and ensure that its dealings
with them are more transparent;
aint or Grievances Cell; and
(l) the code of conduct.
(2)The members shall be
(a) treated fairly, honestly, impartially, courteously, and ensure that its dealings
with them are more transparent;
TifE GAZETTE OF INDIA : EXTRAORDINARY
[PART II--SEC. 3(i)]
(b) provided with a copy of its basic documents of governance such as
memorandum of association, articles of association, constitution, charter, Tariff
Scheme and Distribution Scheme at the time of joining and or at any time on
request;
(c) provided with a copy of the document enumerating the powers and
responsibilities of each member including Chairman and members of the
Governing Council; and
(d) provided with
(i) the basis for calculating royalties to be paid to the members;
(ii) the manner and frequency of payments to the members; and
(iii) the general nature of deduction out of total income before distribution.
(3) Every society shall distribute payments to its members in accordance with its
Distribution Scheme.
(4) Every society shall treat licensees fairly, honestly, impartially and courteously and
ensure that its dealings with licensees are more transparent.
in accordance with its
Distribution Scheme.
(4) Every society shall treat licensees fairly, honestly, impartially and courteously and
ensure that its dealings with licensees are more transparent.
(5) Every society shall observe the following while fixing the Tariff Scheme,
namely:
(a) licence fee to be fair and reasonable;
(b) take note of the value ofthe rights ofthe works;
(c) the purpose and man~er in which the rights are to be exploited;
(d) any relevant decisions ofthe Board; and
(e) in case the Tariff Scheme is for the use by an industry the important role
played by that industry in promoting dissemination of works and their
contribution to the national economy and as far as possible in consultation
with licensees.
(6) Every society shall provide for the facility for on-line application, payment of
royalties and for issue of I icence online, as far as it is practicable.
(7) Every society shall ensure
(a) that the Governing Council members are accountable to the General
Body;
(b) maintenance of proper and complete financial records, including the
collection and distribution ofroyalties and expenses; and
•
(c) annual auditing of its accounts by a qualified Chartered Accountant.
(8) Every society shall comply with procedure for dealing with complaints and
grievances as follows:--
d expenses; and
•
(c) annual auditing of its accounts by a qualified Chartered Accountant.
(8) Every society shall comply with procedure for dealing with complaints and
grievances as follows:--
91
[ '>WT II- ~
3(i)]
(a) constitute a complaint or grievances cell and shall post the same in its
website;
(b) information regarding how to make the complaint and reasonable
assistance in the formulation and lodging of a complaint;
(c) acknowledgement of the receipt of the complaint immediately upon
receipt ofthe complaint;
(d) verify the nature of the complaint and the details of the complainant;
(e) examine the complaint and, if necessary give an opportunity of hearing
to the complainant;
(t) dispose of the complaint, with a period of two months and provide a
written response to the complainant;
(g) make available adequate resources for handling and resolving
complaints; and
(h) periodical review of complaints handling and resolving procedures and
their mechanism.
67. Welfare fund of copyright society .-Every Copyright society may frame a scheme for
the welfare of its members as determined by its General Body and keep not more than five
per cent. of its total royalties collected for implementing the scheme effectively and the
amount that could not be distributed on account of non-accessibility of the members
concerned.
(:HAPTER XII
Performers' Society
68. Registration and management of Performers' Society.
ly and the
amount that could not be distributed on account of non-accessibility of the members
concerned.
(:HAPTER XII
Performers' Society
68. Registration and management of Performers' Society. -
(1) For the purpose of
carrying on the business of issuing or granting licences in respect of performer's
under
sub-section (I) and proviso to sub-section (2) of section 38A and section 39A, there sh~H be
a separate performers' society for each class of performers such as actors, singers, musicians,
dancers, acrobats, jugglers, conjurers, snake charmers, persons delivering lectures or
other group of persons who can make a performance:
Provided that the Central Government may allow registration of a society for performers' of
different classes of performers' in cases where the performances are inter-connected or
closely related to each other.
(2) Such society shall be called as Performers' Society ofthat specific category.
(3) In accordance with the provisions of section 39A, any Performers' Society as
mentioned in sub-rule (1), having an independent legal personality comprising seven or more
performers (hereinafter referred to as
applicant") may file with the Registrar of
Copyrights an application in Form --XI, for submission to the Central Government for grant
of permission to carry on such business and for its registration as a Perfonner's Society.
e Registrar of
Copyrights an application in Form --XI, for submission to the Central Government for grant
of permission to carry on such business and for its registration as a Perfonner's Society.
92
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II --SEC. 3(i)J
( 4 )Chapter XI of these rules relating to Copyright Societies except sub-rule ( J) of rule
44 shall with necessary adaptations and modifications shall apply to a Performer's Society
also.
Explanation 1.-The royalty collected from enjoyment of the performer's right in (i) to (v) of
clause (a) of sub-section (1) and proviso to sub-section (2) of section 38A, shall be shared
equally between the performer and other owner ofcopyright.
Explanation 2.-Commercial use as mentioned in proviso to sub section (2) of section 38A,
means the exploitation of the performers right by way of reproduction, issue of copies or
distribution, communication h> public including broadcasting and commercial rental of the
cinematograph film.
Explanation 3.- For the puf!pose of this chapter performance includes recording of visual or
acoustic presentation of a performer in the sound and visual records in the studio or
otherwise.
CHAPTER XIII
REGISTRATION OF COPYRIGHT
69. Form of Register of Copyrights .- (I) The Register of Copyrights shall be kept in
physical and electronic form in six parts, namely:
Part I - Literary works other than computer programmes, tables and
compilations including computer data bases and dramatic works.
hall be kept in
physical and electronic form in six parts, namely:
Part I - Literary works other than computer programmes, tables and
compilations including computer data bases and dramatic works.
Part II -Musical works
Pat1 III - Artistic works
Part IV - Cinematograph films
Part V -Sound recordings
Part VI - Computer programmes, tables and compilations including computer
data bases.
(2) The Register of Copyrights shall contain the particulars specified in Form-XIII.
70. Application for Registration of Copyright.- (1) Every application for registration of
copyright shall be made in Form-XIV and every application for registration of changes in the
paffticulars of copyright entered in the Register ofCopyright shall be made in Form-XV.
(2) Every i uch application shall be in respect of one work only, and shall be
accompanied by the fee specified in the Second Schedule in this behalf.
(:3) Every application shou!d be signed only by the applicant, who may be an author
or ownet· of right. If the application is submitted by the owner of copyright, it shall be
enclosed with an original copy of no objection certificate issued by the author in his favour.
(4) Every application for registr,ation of an unpublished work shall be accompanied by
two copies of the work.
..
an original copy of no objection certificate issued by the author in his favour.
(4) Every application for registr,ation of an unpublished work shall be accompanied by
two copies of the work.
..
93
(5) Every :ipplic:ition for registration of a computer programme shall be accompanied
by the source and object 1.,0de.
(6) Every application for registration in respect of an artistic work which is used or is
capable of being used in relation to any goods, such application shall include a statement to
that effect and shall be accompanied by a certificate from the Registrar of Trade Marks
referred to in section 3 of the Trade Marks Act, 1999, to the effect that no trade mark
identical with or deceptively similar to such artistic work has been registered under that Act
in the name of, or that no application has been made under that Act for such registration by,
any person other than the applicant.
(7) Every application for registration in respect of an artistic work which is capable of
being registered as a design under the Designs Act, 2000, such application shall be
accompanied by a statement io the form of an affidavit containing the following, namely:
(a) it has not been registered under the Designs Act, 2000; and
(b) it has not been applied to an article through industrial process and reproduced
more than fifty times.
(8) Every such application can be filed in the Copyright Office by person or by post or
by online filing facility as provided on the website ofthe Copyright Office.
produced
more than fifty times.
(8) Every such application can be filed in the Copyright Office by person or by post or
by online filing facility as provided on the website ofthe Copyright Office.
~
(9) The person applying for registration shall give notice of his application to every
person who claims or has any interest in the subject-matter ofthe copyright or disputes the
rights of the applicant to it.
(10) If no objection to such registration is received by the Registrar of Copyrights
within thirty days of the receipt of the application, the Registrar of Copyrights shall, if
satisfied about the correctness of the particulars given in the application, enter such
particulars in the Register of Copyrights.
(11) Ifthe Registrar of Copyrights receives any objections for such registration within
the time specified in sub-rule (7), or, if he or she j, not satisfied about the correctness of the
particulars given in the application, he or she may, after holding such inquiry as he or she
deems fit, enter such particulars of the work in the Register of Copyrights as he or she
considers necessary.
( l 2)The Registrar of Copyrights shall give an opportunity of hearing before rejecting
the any application filed for registration of any work.
(13) The process of registration is deemed to be completed only when a copy of the
entries made in the Register of Copyrights is signed and issued by Registrar of Copyrights or
by Deputy Registrar of Copyrights, to whom such authority is delegated.
pleted only when a copy of the
entries made in the Register of Copyrights is signed and issued by Registrar of Copyrights or
by Deputy Registrar of Copyrights, to whom such authority is delegated.
THE GAZETfE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)]
(14) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable,
a copy ofthe entries made in the Register of Copyrights to the parties concerned.
71. Correction and rectification of entries in the Register of Copyrights .- (l)The
Registrar of Copyrights may, either suo motu or on application of any interested person,
amend, or alter the Register of Copyrights for the entries specified in section 49, after giving,
wherever practicable, to the person affected by such amendment or alteration, an opportunity
to show cause against such amendment or alteration, and communicate to such person the
amendment or alteration so made.
(2) The Registrar of Copyrights shall rectify the entries made in the Register of Copyrights
after an order is being passed by the Board on an application made by the Registrar ofthe
Copyrights in this behalf under section 50.
72. Indexes .-(1) There shall be kept at the Copyright Office the following indexes both in
physical and electronic form for each part ofthe Register of Copyrights, namely:
(i) a general Author Index;
(ii) a general Title Index;
(iii) an Author Index ofworks in each language; and
(iv) a Title Index of works in each language.
(2) Every Index shall be arranged alphabetically in the form ofcards.
73.
a general Title Index;
(iii) an Author Index ofworks in each language; and
(iv) a Title Index of works in each language.
(2) Every Index shall be arranged alphabetically in the form ofcards.
73. Inspection of the Register of Copyrights and Indexes .- The Register of Copyrights
and Indexes thereof shall at all reasonable time be open to inspection by any person in such
manner and subject to such conditions as the Registrar of Copyrights may specify. The online
search or inspection of the Register of Copyrights and Indexes can be utilised by making
on line payment of fee as specified in the Sewnd Schedule.
74. Copies and extracts of the Register of Copyrights and Indexes .-(I) Any person shall
be entitled to take copies of, or make extracts from, the Register of Copyrights or Indexes on
payment of the fee as specified in the Second Schedule subject to
supervision as the
Registrar of Copyrights may arrange.
(2) The Registrar of Copyrights shall, on an,application made in that behalf and on
payment of the fee specified in the Second Schedule, furnish a 'certified copy of entries made
in the Register ofCopyrights and Indexes thereof.
shall, on an,application made in that behalf and on
payment of the fee specified in the Second Schedule, furnish a 'certified copy of entries made
in the Register ofCopyrights and Indexes thereof.
['!WT II-~ 3(i)]
95
CHAPTER XIV
STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS
75. (1) Any vwner of copyright may give a complaint in writing under clause (c) of sub
section (1) of section 52, to a person who has facilitated transient or incidental storage of
work for providing electronic links, access or integration to restrain from such storage of
work.
(2) The written complaint shall contain the following particulars, namely:
(a) the description of the work with adequate information to identify the work;
(b) details establishing that the complainant is the owner or exclusive licensee of
copyright in the work;
(c) details establishing that the copy of the work which is the subject matter of
transient or incidental storage is an infringing copy of the work owned by the
complainant and that the allegedly infringing act is not covered under section 52
or any other act that is permitted under the Act;
(d) details of the location where transient or incidental storage of the work is
taking place;
'
(e) details of the person, if known, who is responsible for uploading the work
infringing the copyright ofthe complainant;
ion where transient or incidental storage of the work is
taking place;
'
(e) details of the person, if known, who is responsible for uploading the work
infringing the copyright ofthe complainant; and
(f) undertaking that the complainant shall file an infringement suit in the
competent court against the person responsible for uploading the infringing
copy and produce the orders of the competent court having jurisdiction, within
a period of twenty-one days from the date of receipt ofthe notice.
(3) On receipt of the written complaint, the person responsible for the storage of the
copy, if satisfied from the details provided in the complaint that the copy of the work is an
infringed copy, within thirty-six hours, take measures to refrain from facilitating such access
for a period oftwenty-one days from the date of receipt of the complaint or till he receives an
order from the competent court restraining him from facilitating access, whichever is earlier.
(4) The person responsible for storage shall display a notice giving. reasons for
restraining such access to persons requesting for access to the alleged infringing copy'.
s, whichever is earlier.
(4) The person responsible for storage shall display a notice giving. reasons for
restraining such access to persons requesting for access to the alleged infringing copy'.
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)l
(5) The person responsible for storage may restore the storage of the work in case the
complainant failed to produce the orders of
the competent court having jurisdiction,
restraining him from facilitating access.
(6) In case the complainant fails to produce the orders of the competent court having
jurisdiction
within the stipulated period, the person responsible for storage shall not be
obliged to respond to any further notice sent by the same complainant on the same work in
the same location.
CHAPTER XV
MAKING OR ADAPTING THE WORK BY ORGANISATIONS WORKING FOR
THE BENEFIT OF PERSONS WITH DISABILITIES
76. Maintenance of records .-The organisation working for the benefit of the persons with
disabilities and intending to adapt, reproduce, issue of copies or communication to public of
any work in any accessible format shall maintain at its principal place of business a register
containing the following details, namely:
(a) the name of the work, author or owner or publisher along with
year of
publication;
(b) the details of the accessible format in which the work is produced;
( c) the nature of activity such as adaptation, reproduction, issue of copies or
communication to the public;
,
(d) total number of copies made, list of persons with disabilities to whom copies have
been distributed ;
ivity such as adaptation, reproduction, issue of copies or
communication to the public;
,
(d) total number of copies made, list of persons with disabilities to whom copies have
been distributed ; and
(e) price, if any, charged on the copies.
77. Notice to be included in copies made in accessible formats .- The organisation
working for the benefit of the persons with disabilities shall insert appropriate notices in the
copies of works in accessible formats created by the orgnisations that
(a) the accessible format is created pursuant to the exception under clause (zb) of
sub-section ( 1) of section 52;
(b) the accessible format is intended solely for the use of persons with disabilities
who cannot enjoy the normal format ofthe work; and
(c) any distribution ofthe accessible format to any person who can enjoy the normal
format of the work will lead to stopping the supply of further works in accessible
formats and such other legal consequences as are applicable.
Explanation.-For the purposes of this Chapter, the term "accessible format" shall include
Braille, Daisy, large print, talking books, di~ital formats and all other formats that can be
. used by persons with disabilities.
78. Contracts with third parties engaged by organisations working for persons with
disabilities·.- An organisation working for persons with disabilities may engage any third
ons with disabilities.
78. Contracts with third parties engaged by organisations working for persons with
disabilities·.- An organisation working for persons with disabilities may engage any third
[ 'lWT II-~ 3(i)]
party as its agent to undertake any of the activities permitted under clause (zb) of sub-section
(1) of section 52, on its behalf and shall enter into appropriate contracts with such third party
to ensure that such third party undertakes such activities only on behalf of the organisation
and not otherwise.
CHAPTER XVI
IMPORTATION OF INFRINGING COPIES
79. Importation of infringing copies. --(1) Every notice, under sub-section (1) of section
53, shall be made to the Commissioner of Customs, or to any other officer authorised in this
behalf, by the Central Board of Excise and Customs in accordance in Form-XVI and shall be
accompanied by fee as specified in the Second Schedule.
(2) The person who gives notice under in sub-rule (1) shall deposit, within the time
specified by the Commissioner, such amount as the Commissioner-may deem fit as security
having regard to the likely expenses on demurrage, cost of storage and compensation to the
importer in case it is found that the works are not infringing copies.
(3) The Commissioner or the officer duly authorised in this behalf, on arrival of such
works, if satisfied, shall suspend the clearance of such works for a period of fourteen days
and shall inform the arrival and detention of work to the person who has given the notice.
rival of such
works, if satisfied, shall suspend the clearance of such works for a period of fourteen days
and shall inform the arrival and detention of work to the person who has given the notice.
(4) At the request of the importer or his duly authorised agent, Commissioner or the
officer duly authorised in this behalf, shall inform the name and address of the person who
gave the notice.
(5) The Commissioner or the officer duly authorised in this behalf, shall release the
consignment on expiry of a period of fourteen days, in case the person who gave notice failed
to produce an order from the competent court having jurisdiction restraining him from
releasing the suspended consignment ofworks.
CHAPTER XVII
Technological Protection Measures
80. Maintaining of records .--(1) Any person who is permitted to circumvent technological
protection measures under clause (a) of subsection (2) of section 65A of the Act may
approach any person,
who can assist him to circumvent the technological protection
measures.
(2) Any such person facilitating circumvention of technological protection measures
for another person shall maintain a record containing details of the person who requested for
assistance, containing the following details, namely:
(a) the name, complete postal address, photograph, e-mail address and telephone
number or other contact details ofthe person;
o requested for
assistance, containing the following details, namely:
(a) the name, complete postal address, photograph, e-mail address and telephone
number or other contact details ofthe person;
98
THE GAZETTE OF INDIA : EXTRAORDINARY
[PAR:r II-Soc. 3(i)J
(b) the professional details of the person, if any, including the address of the place,
where he is working at.present;
(c) the reasons and purpose for circumvention of the technological protection
measures; and
(d) an undertaking in writing from the person requesting assistance that he is entitled
for circumvention of the technological protection measures and will be solely
responsible for copyright infringement, ifany, ofthe protected work.
(3) The record may be maintained on-line or in any other format for a minimum
period ofthree years, in the place from where he is facilitating circumvention.
(4) Any such person maintaining records under sub-rule (2) shall disclose the details
in the record only upon an Order of the court or to a police officer, not below the rank of a
Sub-Inspector of Police, investigating a complaint under section 65A.
CHAPTER XVIII
MISCELLANEOUS
81. Mode of making applfcations, etc . . -
Every application, notice, statement or any other
document to be made, given, filed or sent under the Act or under these rules may, unless
otherwise directed by t~ authority concerned, be sent by'. hand or registered post or by online
filing procedure made available on the website ofthe Copyright Office or Copyright Board.
82.
unless
otherwise directed by t~ authority concerned, be sent by'. hand or registered post or by online
filing procedure made available on the website ofthe Copyright Office or Copyright Board.
82. Mode of communication by the Copyright Board, etc.- Even written intimation from
the Copyright Board,.the Copyright Office or the Registrar of Copyrights shall be deemed to
have been duly commUI1icated to any person if such intimation is sent to the known address
of such person by registerea post.
83. Fees .- (1) The feespayable under the Act in respect ofany matter shall be as specified
in the Second Schedule.
(2) The fees may be paid to the Registrar
I of Copyrights, New Delhi, by a postal order
or a bank draft issued by a Scheduled Bank as defined in the Reserve bank of India Act,
1934, or by deposit into a Government Treasury or a branch of the Reserve Bank of India or
the State Bank of India under the head of account ~ Major Head -0070; 60 Other Services;
~
..
Minor Head-113;
Copyright Registration Fees" or by payment gateway provided in
online-filing facility ofthe Copyright Office website copyright.gov.in.
(3) Postal orders and bank drafts shall be crossed and drawn in New Delhi.
/
ration Fees" or by payment gateway provided in
online-filing facility ofthe Copyright Office website copyright.gov.in.
(3) Postal orders and bank drafts shall be crossed and drawn in New Delhi.
/
[1WT II-~ 3(i)]
'lfl«f cl,[ ~
: •3:im~
(4) Payment by bank drafts shall not be valid unless the amount of bank commission
is included therein.
(5) Where payment is made by deposit in a Government Treasury or a branch of the
Reserve Bank of India or the State Bank of India, the challan evidencing the payment shall be
sent to the authority concerned by pre-paid registered post.
(6) No fee is required to be paid for taking extracts from Register of Copyrights or
indexes for official purposes by the Central Government or the State Government
84. Right of audience .- In any proceedings before the
Board or the Registrar of
Copyrights any party may appear and be heard either in person or by a pleader or other
person duly authorised by such party.
85. Costs . -
The cost incidental to the proceedings before the Board or the Registrar of
Copyrights shall be in the discretion of the Board or the Registrar of Copyrights, as the case
maybe.
86. Repeal.-The Copyright Rules, 1958, are hereby repealed without prejudice to anything
done under such rules before the coming into force ofthese rules.
***********
I.
'
I
,..,, .,.ll.-•.,. .. ·•·•·:".___ ,,,.........
;· -········
e hereby repealed without prejudice to anything
done under such rules before the coming into force ofthese rules.
***********
I.
'
I
,..,, .,.ll.-•.,. .. ·•·•·:".___ ,,,.........
;· -········
100
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II·-SEC. 3(i)]
FIRST SCHEDULE
FORM-I
Notice of Relinquishment of Copyright
[See rule 4]
To
The Registrar of Copyrights,
Copyright Office,
New Delhi.
Sir,
In accordance with section 21 of the Copyright Act, 1957 (14 of 1957), I hereby give notice
that, with effect from the date of this notice, I do relinquish, to the extent specified in the
enclosed affidavit, my rights in the work described in the said affidavit.
Yours faithfully,
Place ........... .
Date .............. .
(Signature)
Form ofAffidavit referred to above
1,............................................................................................................................................ .
.................................... , of
(full name in block letters)
.................... do hereby or
(address)
solemnly affirmation state that
(1) I am the author ofthe work described in the statement below;
(2) I am the owner of the copyright in the said work to the extent specified in the said
statement; and
(3) I do hereby relinquish my rights in the said work to the extent specified in the said
statement:
J
STATEMENT
Description ofthe work:
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound
Reoording).
said work to the extent specified in the said
statement:
J
STATEMENT
Description ofthe work:
(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound
Reoording).
(b) Title ofthe work, ifany;
(c) Full name, address and nationality ofthe author;
(d) Language ofthe work, if any;
(e) Name, address and nationality ofthe publisher, ifany;
(f) Year offirst publication, ifany;Verbatim extracted text (OCR/PDF). Older scans and tables may show extraction artifacts — verify against the original for anything you act on.
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