Simple Meaning: This chapter governs “Copyright Societies.” These are legal entities (like IPRS or PPL) that are created to collect royalties on behalf of thousands of authors, composers, and producers.
Why? A single composer cannot possibly track every radio station, TV channel, and restaurant in India that plays their song. So, they join a “society” and give it the exclusive right to “administer” their rights. The society then issues “blanket licences” to users (like radio stations) and distributes the collected money back to its members.
Section 33: Registration of Copyright society
Section 33(1): No one can start or carry on the business of issuing licences except a “copyright society” registered under this Act.
Provisos:
An individual owner still has the right to grant licences for their own work.
Critically (2012 amendment): The business of licensing for literary, dramatic, musical, and artistic works that are incorporated in a film or sound recording (i.e., song lyrics/music) MUST be done only through a copyright society. This prevents producers from claiming they can collect these royalties themselves.
Section 33(3): The Central Government will register a society.
Proviso: The government “shall not ordinarily register more than one copyright society to do business in respect of the same class of works.”
Practical Example:
IPRS (Indian Performing Right Society) handles rights for authors and composers (literary/musical works).
ISRA (Indian Singers’ Rights Association) handles rights for performers (singers).
PPL (Phonographic Performance Limited) used to handle rights for producers (sound recordings), but its registration has been a matter of legal dispute.
Section 33(3A): Registration is for 5 years and must be renewed.
Proviso: Renewal is subject to the society being in the “collective control” of authors and owners.
Section 33(4) & (5): The Central Government can cancel or suspend a society’s registration if it is managed badly or not in the interest of its members.
Section 33A: Tariff Scheme by copyright societies
Section 33A(1): Every society must publish its “Tariff Scheme” (its price list) in a public manner.
Section 33A(2): Any person aggrieved by the tariff (e.g., a radio station that thinks the price is too high) can appeal to the Appellate Board. The Board can hold an inquiry and change the tariff if it’s “unreasonable.”
Section 34: Administration of rights of owner by copyright society
Section 34(1):
(a) A society can accept exclusive authorisation from an author/owner to administer their rights (grant licences, collect fees).
(b) The author/owner has the right to withdraw this authorisation at any time (without affecting contracts the society already signed).
Section 34(2): A society can enter into agreements with foreign societies (e.g., IPRS can have a deal with ASCAP in the USA to collect royalties for Indian songs played there, and vice-versa).
Section 34(3): A society can:
(i) Issue licences.
(ii) Collect the licence fees.
(iii)Distribute those fees to its members (authors/owners) after “making deductions for its own expenses.”
(iv) Perform any other functions needed.
Section 34A: Payment of remunerations by copyright society
Simple Meaning: This section was OMITTED (Repealed) by the Copyright (Amendment) Act, 2012. Its relevant principles were incorporated into other sections, especially those ensuring non-discriminatory royalty distribution.
Section 35: Control over the copyright society by the author and other owners of right
Simple Meaning: This is a democratic safeguard. It ensures that the members of the society (the authors and owners) have the final control over its actions, not just the management.
Section 35(1): Collective Control
The Rule: Every copyright society is subject to the “collective control” of its members. The society must get its members’ approval for three key things:
(a) Approval for Distribution: The members must approve the procedure for how the society collects and distributes fees.
(b) Approval for Other Spending: The members must approve if the society wants to use any of its income for any purpose other than distributing it to them (e.g., investing in a new building, donating to a charity).
(c) Full Information: The society must provide “regular, full and detailed information” to its members about all its activities related to managing their rights.
Section 35(2): Proportional Distribution
The Rule: All fees distributed must be in proportion to the “actual use” of their works, as far as possible.
Practical Example: If Radio Station A plays Artist 1’s songs 100 times and Artist 2’s songs 10 times, Artist 1 must get a proportionally larger share of the royalties collected from that station.
Section 35(3): Governing Body
The Rule: Every society must have a “governing body” (like a Board of Directors) elected from its members.
Key Point: This body must consist of an equal number of authors and owners. This (a 2012 amendment) prevents any one group (e.g., music publishers, who are “owners”) from overpowering the other (e.g., lyricists/composers, who are “authors”).
Section 35(4): Equal Rights
The Rule: All members of a society must have equal membership rights, and there can be no discrimination between authors and owners in the distribution of royalties.
Section 36: Submission of returns and reports
Simple Meaning: This section makes sure the government (through the Registrar of Copyrights) can keep an eye on the societies.
Section 36(1): Submit Returns
The Rule: Every society must submit official “returns” (reports) to the Registrar of Copyrights as prescribed by the rules.
Section 36(2): Power to Investigate
The Rule: The Central Government can authorize any officer to demand reports or inspect the records of any society.
Purpose: To make sure the fees collected are being used and distributed correctly according to the Act.
Section 36A: Rights and liabilities of performing rights societies
Simple Meaning: This is a “transitional” section. When the law was amended, this section “grandfathered” in old agreements.
The Rule: It says that nothing in this new Chapter affects any rights or liabilities (like old contracts or debts) that a society had before the 2012 amendment came into force. Any legal cases pending on that day could also continue.
