15.4.1 (COPYRIGHT SOCIETIES)

Registration of a copyright society (s. 33). No person or association of persons shall commence or carry on business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted by the Central Government.

The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of person who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicant, register such association of persons as a copyright society subject to such conditions as may be prescribed.

However, the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of works.

The Central Government may, if it is satisfied that a copyright society is being Managed in a manner detrimental to the interests of the owners of rights concerned, Cancel the registration of such society after such inquiry as may be prescribed.

Further, if the Central Government is of the opinion that in the interests of the owners of  right concerned, it is necessary so to do, it may suspend the registration of such society pending inquiry for such period not exceeding one year. In such a situation, the government shall appoint an administrator to discharge the functions of the copyright society.

 

Administration of rights of owner by copyright society (s. 34). A copyright society may accept from an owner of rights exclusive authorisation to administer any right in any work. But he shall have the right to withdraw such authorization without prejudice to the rights of the copyright society under the contract.

Payment of remuneration by copyright society (s.34A) .  The copyright society is empowered to frame a scheme for determining the quantum of remuneration payable to individual copyright owners having regard to the number of copies of the work in circulation.

Control over the copyright society by the owner of rights (s.35). Every copyright society shall be subject to the collective control of the owners of rights under this Act whose rights it administers The society shall (a) obtain the approval of such owners of  rights for its procedures of collection and distribution of fees; (b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights; and (c) provide to such owners regular, full and detailed information concerning all its activities in relation to the administrator of their rights.