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Untitled Document

COPYRIGHT RULES, 2012

CHAPTER I
PRELIMINARY

Short title, extent and commencement.

1. (1) These rules may be called the Copyright Rules, 2012.

    (2) They extend to the whole of India.

    (3) They shall come into force on the date on which the Act comes into force.

2. Interpretations. -In these rules, unless the context otherwise requires,-

(a) “Act” means the Copyright Act, 1957 (14 of 1957);

(b) “copyright business” means the business of issuing or granting licence in respect of a right or set of rights in specific categories of works as conferred by the Act and includes the functions referred to in sub-section (3) of section 34;

(c) “Form” means a form set out in the First Schedule;

(d) “Schedule” means Schedule to these rules; and

(e) “Section” means a section of the Act.

CHAPTER II
THE COPYRIGHT BOARD

3. Qualifications for appointment as Chairman or Other Members

(1) 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.

(2) 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 civil judicial office

(c) Is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary  to  Government  of  India  with  three  years  experience  in  the  field  of Copyright; or

(3) The Chairman and other Members shall be appointed by the President of India

(4) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.

4. Terms and conditions of the Office of the Chairman and members of the Copyright Board

(1) The Chairman and other members of the Copyright Board shall be appointed for such period not exceeding five years as the Central Government may in each case deem fit or until he attains-

(a) In the case of Chairman, the age of sixty-five years; and

(b) In the case of a Member, the age of sixty-two years.

(2) The Chairman and other members of the Copyright Board shall, on the expiry of the period of their appointment, be eligible for re-appointment, subject to sub-rule (1).

(3) The Chairman or any other member of the Copyright 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 President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

(5) The Chairman or any other Member shall not be removed from his office except by an order made by the President of India 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 of those charges.

(6) The procedure for the investigation of misbehaviour or incapacity of the Chairman or other member referred to in sub rule (5) shall be such as laid down in the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(7) The salaries and allowances payable to and the other terms and conditions of service of  the Chairman  and other members  of the Copyright Board  shall be such as may be prescribed as per the Copyright Board (Salaries and Allowances Payable to and Other Terms and Conditions of Service of Chairman and Members) Rules, 2012. Such terms and conditions shall not be varied to the disadvantage of the person after his appointment.

5. Functions of the Secretary and other officers of the Copyright Board

(1) The Secretary and other officers and employees of the Copyright Board shall be appointed by the Central Government, as per the regulations issued for this purpose, in consultation with the Chairman.

(2) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Board in the discharge of its functions and provide the Board with such officers and other employees as it may deem fit.

(3) The salaries, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Board shall be such as may be prescribed by the Central Government.

(4) The Secretary and other officers and employees of the Board shall discharge their functions under the general superintendence of the Chairman

CHAPTER III
RELINQUISHMENT OF COPYRIGHT

6. 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 either give notice to the Registrar of Copyrights in accordance with Form I or give public notice as per Rule 8 and 9.

7. The Registrar on publication of the notice in the Official Gazette shall within fourteen days of the publication, post the notice on the website of the Copyright Office so as to remain there for a period of not less than three years.

8. The author relinquishing the rights by giving public notice shall include the following details in the notice:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound Recording).

(b) Title of the work.

(c) Full name, address and nationality of the author.

(d) Language of the work.

(e) Name, address and nationality of the publisher, if published, with year of publication and country of first publication.

(h) If copyright in the work is registered under section 45, the Registration number.

9. Any one of the following shall comprise public notice of relinquishment of copyright:

i. Mentioning of the notice on the work or cover of the work; or

ii. Publication in a newspaper; or

iii. Publication in the website of the author.

10. The author may forward a copy of the public notice to the Registrar and on receiving such notice the Registrar shall post the same in the website of the Copyright Office.

CHAPTER IV
LICENCES FOR TRANSLATIONS

11. Application for licence

(1) 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 triplicate in accordance with Form II and shall be accompanied by the fee prescribed 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.

12. Notice of application

(1) When any such application has been made, the Copyright Board shall, as soon as possible, give notice of the application in the Official Gazette and also, if the Copyright 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:

(a) the date of the 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 of the first publication of the work;

(e) the name, address and nationality of the owner of the Copyright as stated in the application;

(f) the language in which the work is to be translated; and

(g) the Registration number of the work in the Register of Copyrights, if any.

13. Consideration of the application

(1) The Copyright 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 Copyright 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 Copyright Board at the expiry of one hundred and twenty days after the publication in the Official Gazette of the notice of the application first received, all such applications shall be considered together.

(4) If the Copyright 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 Copyright 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;

(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 of the 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 notified in the Official Gazette and in the newspapers, if any, in which the notice under rule 7 was published and a copy of the licence shall be sent to the other parties concerned.

14. Manner of determining royalties

The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 32 after taking into consideration-

(a) the proposed retail price of a copy of the translation of the work;

(b) the prevailing standards of royalties in regard to translation of works; and

(c) such other matters as may be considered relevant by the Copyright Board.

15. Extension of the period of licence

The Copyright 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 produce and publish the translation within the period specified in the licence, extend such period.

16. Cancellation of licence

The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds, namely:-

(a) that the licensee has failed to produce and publish the translation within the time speci fied 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;

(c) that the licensee has contravened any of the terms and conditions of the licence.

CHAPTER V
COMPULSORY LICENCE FOR PUBLICATION, TRANSLATION AND REPRODUCTION OF WORK

17. Application for licence

(1) An application for a licence under subsection (1A) 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 accordance with Form III and shall be accompanied by the fee prescribed 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.

18. Notice of application

(1) A copy of such application shall be served by registered post on the owner of copyright .

(2) The Copyright 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 may deem fit.

(3)  If  more  than  one  application for  translation of  the  work  in  the  same  language  or  for publication or for reproduction of the work is pending before the Copyright Board, all such applications shall be considered together.

(4) If the Copyright 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 for may be granted to the applicant, or if there are more applicants than one, to such of the applicants, as in the opinion of the Copyright Board, would best serve the interest of the general public, it shall as far as possible within two months grant a licence accordingly.

(5) Every such licence shall be subject to the conditions provided in clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of section 32A relating to payment of royalties and shall specify:-

(a) the period within which such work shall be published;

(b) the rate at which royalties in respect of the copies of such work sold to the public shall be paid to the owner of the 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.

(6) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and the website of the Copyright Office and a copy of the licence shall be sent to the other parties concerned.

19. Manner of determining royalties

The Copyright Board shall determine the royalties payable to the owner of the copyright under clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of section 32A after taking into consideration:

(a) the proposed retail price of a copy of such work;

(b) the prevailing standards of royalties in regard to such works; and

(c) such other matters as may be considered relevant by the Copyright Board.

20. Extension of the period of licence

The Copyright 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 produce and publish the translation or for publication or reproduce the work within the period specified in the licence, extend such period.

21. Cancellation of licence

The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the 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 of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential fact; (c) that the licensee has contravened any of the terms and conditions of the licence.

22. 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 to these rules.

CHAPTER VI
COMPULSORY LICENCE IN UNPUBLISHED OR PUBLISHED WORKS

23. Application and grant of licence

(1) An application for a licence under section 31A to publish or communicate to the public or translate 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 in accordance with Form V and shall be accompanied by the fee prescribed 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.

(3) The application shall be accompanied by a copy of notification as per section 31A (2) of his proposal 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, also in one issue of any daily newspaper in that language.

(4) If more than one application for publication or communication to the public or translation in any language of the work is pending before the Copyright Board, all such applications shall be considered together.

(5) If the Copyright Board is satisfied that the licence for publication or communication to the public or translation in any language of the 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 Copyright Board, would best serve the interest of the general public, it shall as far as possible within two months grant licence accordingly.

(6) Every such licence shall be subject to the conditions provided in sub-section (7) of section 31A, and shall specify:-

(a) the period within which such work shall be published 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

(e)  in  case of  communication to  the  public of  the  work  the  medium  in  which it  is  to  be communicated to the public.

(7) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and the website of the Copyright Office and a copy of the licence shall be sent to the other parties concerned.

24. Manner of determining royalties

The Copyright Board shall determine the amount of royalty to be deposited by the applicant after taking into consideration:

(a) the prevailing standards of royalties in regard to such works; and

(b) such other matters as may be considered relevant by the Copyright Board.

25. Extension of the period of licence

The Copyright Board may, on the application of the licensee, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or reproduce the work or communicate to the public the work within the period specified in the licence, extend such period.

26. Cancellation of licence

The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following 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 of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential fact; (c) that the licensee has contravened any of the terms and conditions of the licence.

27. 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 III of the First Schedule to these rules.

CHAPTER VII
COMPULSORY LICENCE FOR BENEFIT OF DISABLED PERSONS

28. Application for licence

(1) An application for a licence under section 31B to publish any work in any format shall be made in accordance with Form VI and shall be accompanied by the fee prescribed in the Second Schedule.

(2) Every such application shall be in respect of one work only and in respect of one format of publication only.

29. Notice of application

(1) A copy of such application shall be served by registered post on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served on the publisher whose name appears on the work.

(2) The Copyright 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 may deem fit.

(3) If more than one application for publication of the work in the same format is pending before the Copyright Board, all such applications shall be considered together.

(4) If the Copyright Board is satisfied that the licence for publication of the work in the format applied for may be granted to the applicant, or if there are more applicants than one, to such of the applicants, as, in the opinion of the Copyright Board, would best serve the interest of the disabled persons, it shall as far as possible within two months grant licence accordingly.

(5) 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; (c) the number of copies that shall be produced;

(d) the rate at which royalties in respect of the copies of such work sold to the disabled persons shall be paid to the owner(s) of the copyright in the work; and

(e) the person(s) to whom such royalties shall be payable.

(6) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and the website of the Copyright Office and a copy of the licence shall be sent to the other parties concerned

30. Manner of determining royalties

The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 31B after taking into consideration:

(a) the proposed price at which a copy of such work shall be made available to disabled persons;

(b) the prevailing standards of royalties in regard to such works taking into consideration the cost involved in making the accessible formats for the disabled person; and

(c) such other matters as may be considered relevant by the Copyright Board.

31. Extension of the period of licence

The Copyright 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 produce and publish the work within the period specified in the licence, extend such period.

32. Cancellation of  licence

The  Copyright  Board  may,  after  giving  the  licensee  an opportunity of being heard, cancel the licence on any of the 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 of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;

(c) that the licensee has contravened any of the terms and conditions of the licence;

(d) the owner of the 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.

33. Notice for termination of licence

Notice for  termination of  licence  granted under subsection (3) of section 31B shall be served on the person holding the licence by the owner of copyright in Form III of the First Schedule.

CHAPTER VIII
STATUTORY LICENCE FOR COVER VERSIONS

34. Notice for making Cover Version

(1) 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 31C shall give a notice of such intention to the owner of the copyright and to the Registrar of Copyrights at least fifteen days in advance of making of the cover version  and shall pay to the owner of the 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 rate fixed by the Copyright Board in this behalf and provide copies of all covers and labels with which the cover version  are to be sold.

Provided that in respect of works in a particular language or dialect for which the Copyright Board by general order has fixed a lower minimum as per proviso to sub-section (4) of section 31C, the applicant shall pay the royalty for the lower minimum fixed by the Copyright Board and if the number is more, for all the copies of the cover version.

Explanation: For the purpose of this rule “cover version” means a sound recording made in accordance with Section 31C and this rule.

(2) Every such notice shall be in respect of one cover version only and in respect of same medium as the last sound recording, unless the medium of the last recording is no longer in current commercial use.

(3) Such notice shall contain the following information, namely:-

(a) the particulars of the work in respect of which cover version is to be made;

(b) alterations, if any, which are proposed to be made for the adaptation of the 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 of the owner of the copyright in the work;

(d) particulars of the sound recording made previously of the work;

(e) the total number of copies of the cover version and the calendar year in which it is going to be made; and

(f) the details of the advance payment of royalties paid as fixed by the Copyright Board.

35. Conditions to be followed while making cover version

(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.

(2)The cover version shall not be issued in any form of packaging or with any label or carton or inlay card, or design or colour scheme or layout or getup similar to that of the original sound recording which is likely to mislead or confuse the public as to the identity of the original sound recording.

(3) The cover version shall not use the label of the 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 of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated.

36. Notice for making additional copies of Cover version

A person who made cover version as per Section 31C after giving notice and intends to make additional copies during the period for which he gave notice for making cover version under Section 31C or desiring to continue with the making of cover version shall give fresh advance notice as per the rule 34 above and comply with all the conditions including the payment of advance royalties as per the rules.

37. Maintaining of records

(1) The person making cover version shall maintain at its principal place of business a register containing the details regarding total number of copies of cover version  made, total number of copies sold and total number of copies remaining in stock.

(2) The person making such cover version shall maintain separate books of account containing particulars about the total expenditure in making cover version   under different heads of expenditure along with total income derived from the sale of copies of such cover version.

(3) The register and books of account kept at the principal place or business of the person making such cover version shall be open to inspection on prior notice by the owner of rights during business hours.

(4) The owner of rights or his duly authorized agent or representative on prior notice may inspect the records, registers and books of account during business hours and may demand copies of relevant extracts from the books at his own cost.

38. Manner of determining royalties

(1) The Copyright Board shall after the coming into force of this provision and as soon as possible 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 as per section 31C and invite suggestions for the same. Such notice shall be published in two daily news papers having circulation in the major part of the country and in the website of the Copyright Office.

(2) 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 as per clause (1) above give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works and different formats and media.

(3) The Copyright Board shall give an opportunity to all persons who made suggestions to be heard and may take such evidence in respect of the notification as it may deem fit.

(4) The Copyright Board shall as far as possible within two months determine the royalties payable to the owner of the copyright under sub-section (2) of section 31C after taking into consideration:

(a) the retail price of the earlier sound recording;

(b) the prevailing standards of royalties in regard to such recordings;

(c) the nature and class of the work and the formats and media in which it is to be sold; and

(d) such other matters as may be considered relevant by the Copyright Board.

(5) The Copyright Board shall revise the rates of royalties periodically, preferably every five years, by following the same procedure as stated above.

39. Complaint is respect of non-payment of royalties

(1) The owner of Copyright in the literary, dramatic or musical works included in earlier sound recording may make a complaint to the Copyright Board in case he has not been paid royalty in full as determined by the Copyright Board in respect of the cover version purported to be made.

(2) If the Copyright Board is prima facie satisfied as to the genuineness of the complaint, it may pass an order ex parte directing the person making the cover version to cease from making further copies.

(3) The Copyright Board may, after holding such enquiry as it considers necessary and after giving an opportunity of being heard to the owner of rights in the literary, dramatic or musical works included in earlier sound recording, make such further order as it may deem fit, including an order for payment of royalty.

CHAPTER IX
STATUTORY LICENCE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS AND SOUND RECORDINGS

40. Notice for Communication to the Public of  literary and musical works and sound recordings

(1) Any broadcasting organization intending to communicate to the public by way of broadcast or by way of performance of an already published literary or musical work and sound recording under sub-section (1) of section 31D shall give a notice of such intention to the owner of the copyright and to the Registrar of Copyrights at least fifteen days in advance of such communication to the public and shall pay to the owner of the copyright in the literary or musical work or sound recording or combinations thereof the amount of royalties due at the rate fixed by the Copyright Board in this regard.

(2) Every such notice shall be in respect of works belonging to one owner only.

(3) Separate notices shall be given for radio broadcasting and television broadcasting. (4) Such notice shall contain the following information, namely:-

(a) Details necessary to identify the work which is proposed to be broadcast;

(b) Year of publication of such work;

(c) Name, address and nationality of the owner of the copyright in such works;

(d) Names of author(s) and principal performer(s) of such works;

(e) alterations, if any, which are proposed to be made for the broadcasting of the works, reasons thereof, and the evidence of consent of the owners of rights, if required, for making such alteration;

(f) Mode of the proposed broadcast, i.e. radio or television;

(g) Name, if any, of the programme in which the works are to be included;

(h) Details of time slots, duration and period of the programme in which the works are to be included;

(i) Details of the advance royalties paid as fixed by the Copyright Board;

(j) Territorial coverage of the broadcast; and

(k) Address of the place where the records and books of account are to be kept for inspection.

41. Maintaining of records

(1) Records containing the details regarding the owners of total number of works broadcast, the details of such works and the time slot, duration and period of the broadcast shall be maintained by the broadcasting organisation at its principal place of business. The broadcasting organisation shall maintain separate record for radio and television broadcasting.

(2)  The  broadcasting  organisation  shall  maintain  separate  books  of  account  for  radio  and television broadcasts containing particulars about the total expenditure in making such broadcasts under different heads and its total earnings from advertisements and other sources.

(3) The records and books of account shall be kept at the principal place or business of the broadcasting organisation and shall be open to inspection on prior notice by the owner of rights in the works during business hours.

(4) The owner of rights in the works broadcast or his duly authorised agent or representative may on prior notice inspect the records and books of account during business hours and may demand copies of relevant extracts from such records and books at his own cost.

42. Manner of determining royalties

(1) The Copyright Board shall after the coming into force of this provision and as soon as possible 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 works and sound recordings as per section 31D and invite suggestions for the same. Such notice shall be given separately for radio and television broadcasting. Such notice shall be published in two daily news papers having circulation in the major part of the country and the website of the Copyright Office.

(2) Any owner of copyright or any broadcasting organisation or any other interested person may within thirty days from the date of publication of public notice as per clause (1) above give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works and different formats.

(3) The Copyright Board shall give an opportunity to all persons who made suggestions to be heard and may consider such evidence in respect of the notification as it may deem fit.

(4) The Copyright Board shall as far as possible within two months fix separate rates of royalty to be paid to the owners of literary or musical works and sound recordings for radio broadcasting and television broadcasting.

(5) The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (2) of section 31D for radio and television broadcasts separately after taking into consideration:

(a) time slot in which the broadcast takes place and different rates for different time slot including for repeat broadcast;

(b) different rates for different nature of works;

(c) the normal market practice of determining advertisement rates for different time slots and in case of television broadcast the target rating point (TRP);

(d) such other matters as may be considered relevant by the Copyright Board.

(6) The Copyright Board shall revise the rates of royalties periodically, preferably every two years, by following the same procedure as stated in this Chapter.

CHAPTER X
COPYRIGHT SOCIETIES

43. Conditions for submission of applications for registration of copyright societies

(1) Any association of persons, whether incorporated or not, comprising seven or more authors and other owners (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 VII for submission to the Central Government for grant of permission to carry on such business and for its registration as a copyright society.

(2) An application under sub-rule (1) of Rule 43 shall be signed by all members of the Governing Council with such number of persons elected from among the members of the society consisting of equal number of authors and other owners of right for the purpose of the administration of the society and the Chief Executive Officer of the applicant.

(3) 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.

44. 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.

45. Conditions for grant of permission to carry on copyright business

(1) An applicant referred to in rule 43 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

(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 of works to any other agency or copyright society.

Provided that applicant may enter into agreement with any foreign society or organization administering rights  corresponding to  the  right  or  set  of  rights  administered by  the applicant to entrust to such foreign society or organization 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 organization as per subsection (2) of section 34 of the Act.

Explanation: For the purpose of this chapter “instrument” means the memorandum and articles of association.

46. Application and conditions for re-registration or renewal of existing copyright societies.

(1) A Copyright society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 2012 (27 Of 2012) and desirous of carrying on the business as a copyright society under the Act shall submit an application for re-registration in Form VIII to the Registrar of Copyrights as early as possible but not later than ten months from the date of commencement of the said Act.

(2) A Copyright Society registered under this chapter may apply for renewal of its registration three months before the expiry of its period of registration. The application for such renewal shall be made to the Registrar in Form  VIII for submission to Central Government for grant of permission to continue with its business.

(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 have been distributed to its members and no complaint in this regard is pending.

(4) In case of re-registration or renewal of registration the applicant shall submit necessary document indicating re-election to the Governing Council including its Chairman.

47. Documents accompanying applications

Every application made under rule 43 shall be accompanied by-

(a) a true copy of the 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;

(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.

48. 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 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 not 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 functioning well; 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 or 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  the  applicant  an opportunity of being heard.

(2) Upon the registration of a copyright society by the Central Government, the Registrar of Copyrights shall issue a certificate of registration in Form IX under his hand and seal.

(3) On 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 the applicant shall:-

(a) maintain its own website giving all information pertaining to its activities;

(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; and

(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.

49. Order of inquiry, suspension 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 sections 33A, sub-section (3) of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government 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 days.

(2) If, after  considering  the  written  statement  furnished  by  the  society,  the  Central Government is of the opinion that a prima facie case is established:

a. it shall order an inquiry under sub-section (4) of section 33, into the allegations and appoint an inquiry officer not below the rank of a Deputy Secretary to the Government of India for holding the 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 shall appoint an administrator to discharge the functions of the 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, appoint an administrator to discharge the functions of the copyright society and order an inquiry as per clause (a).

(3) The person appointed as administrator shall be a person with sufficient qualification and experience in administration or accounting or copyright matters.

50. Procedure for holding Inquiry

(1) The inquiry officer appointed as per Rule 49 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 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.

51. Powers and Functions of the Administrator

(1) On appointment of the administrator referred to in rule 49 under sub-section (5) of section 33, 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, within six months before the expiry of the period of suspension, arrange election for reconstituting the dissolved bodies 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.

52. 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 of the members concerned; or

(iv) the copyright society persistently fails to manage its affairs properly; or

(v) 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 mentioned in the instrument; or

(c) the society has not complied with:

(i) section 33A regarding the publication of Tariff scheme by the copyright society; or

(ii) sub-section 3 of section 35 regarding equal representation of authors and other owners of rights in the Governing Council of copyright society as specified in rule  43; or

(iii) section 36 regarding submission of returns and reports to the Registrar by copyright society; or

(iv)  the  procedure  for  obtaining  approval  of  authors  and  other  owners  of  right  for collection and distribution of fees etc., as per rule  59; or

(d) the society is issuing or granting licence in respect of the right or the set of rights in the specific category of works for which it is not registered.

53. Conditions subject to which a copyright society may accept authorisation and an author or other owner of rights may withdraw such authorisation.

(1) A copyright society may accept from an author or other owner of rights or his duly authorised agent, exclusive authorisation to administer the right or the 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, in writing, with the copyright society specifying the rights to be administered, the duration for which such rights are authorised to be administered, the quantum of royalty agreed to and the frequency at which such royalty shall be paid by the copyright society in accordance with its Schemes of Tariff and Distribution.

Provided that in case of literary or musical works included in a cinematograph film or sound recording the share of royalty other than for communication of the work along with the cinematograph film in a cinema hall shall be on equal basis between the author of the work and the owner of film or sound recording as the case may be.

(2) The copyright society shall not impose any condition whatsoever for distribution of royalties collected to author and owner of rights.

(3) The author or other owner of copyrights shall, without prejudice to the rights under the agreement and subject to the condition of a prior notice of sixty days, be free to withdraw such authorisation.

(4) The right to receive royalty included in the cinematograph film shared on equal basis with the assignee of copyright for the utilization of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall shall not be assigned to any copyright society other than the society for which it is intended to be registered.

54. 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 its 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  collected  shall  be  distributed  as  per  the  Distribution  Scheme  subject  to  a deduction not exceeding fifteen per cent of the annual total collection on account of administrative expenses incurred by the copyright society and a further deduction not exceeding 5 percent for the Welfare Scheme as per rule 66.

Provided that a copyright society may for a period not exceeding two years from its first registration deduct up to twenty percent of the  annual total collection on account of administrative expenses incurred by the society.

55. Tariff Scheme

(1) 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, it shall frame a scheme of tariff to be called the “Tariff Scheme” as per section 33A setting out the nature and quantum of royalties which it proposes to collect in respect of the right or the set of rights in the specific categories of works administered by it.

(2) Every copyright society shall display its Tariff Scheme on its website.

(3) The Tariff Scheme shall indicate the separate rates for:

a. different categories of users;

b. different media of exploitation, such as telephone, broadcast or internet;

c. different types of exploitation including whether by an individual or by groups or whether single or multiple use or for advertising;

d. different durations of use and territory.

(4) While fixing the tariff the copyright society shall follow the guidelines issued by any Court or the Copyright Board, if any, and may consult the user groups.

(5) The copyright society shall collect the royalties from a licencee in advance before it is allowed to  use  the  rights where  the  tariff scheme provides for  lump  sum  payment of  ro yalties. 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 the time of issue of licence and settle the final payment based on actual use at the end of the period for which the licence is issued or granted.

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 licence period.

(6) The copyright society may revise the Tariff Scheme periodically by following the above rules.

It shall publish the date of revision in advance in its website.

56. Appeal to the Copyright Board on Tariff Scheme

(1) Any person aggrieved by the tariff scheme may appeal to the Copyright Board under section 33A along with the fee prescribed in the Second Schedule.

(2) The Copyright Board, if satisfied with the genuineness of the appeal, shall

a. serve a copy the appeal to the copyright society;

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;

c. if there is more than one such appeal pending before the Copyright Board, consider such appeals together.

(3) The appellant shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Copyright Board and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal.

(4) The Copyright Board may after hearing the parties fix an interim tariff and direct the appellant to make the payment accordingly pending disposal of the appeal.

(5) The Copyright 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 of works, and

b. such other matters as may be considered relevant by the Copyright Board. (6) The Copyright Board shall dispose of the appeal as far as possible within three months.

57. Distribution Scheme

(1) 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, it shall 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 entered in the Register of Authors and Owners maintained under clause (i) of rule 63 for the approval of the General Body of the society.

(2) The distribution shall, as far as possible, be in proportion to the royalty income of the copyright society derived from the issue or grant of licences for the right or the set of rights in the specific categories of works which it is administering of each author and other owners of right.

(3) There  shall  be  no  discrimination  between  authors  and  other  owners  of  rights  in  the distribution of royalties.

(4) While distributing the royalties the copyright society shall inform all members about the basis on which such amount of royalties are 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.

(6) The  society  shall  fix  parameters  in  a  transparent  manner  for  determining the  share  of distribution of its members and as far as possible 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 reliable statistical data that fairly represent the commercial exploitation of the licenced rights.

(8) The distribution scheme shall ensure that the royalties to all members are distributed at least on quarterly basis.

(9) The copyright society shall not make any payment in the nature of minimum guarantee to its members against the share of royalties due to the 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 cinematograph film or sound recording as per sub-section (1) of section 18 of the Act.

58. Management of Copyright Society

1. Every copyright society shall have:

a. a General Body consisting only of all the authors and other owners of a right or set of rights in the specific categories of works for which the copyright society has been authorized to issue or grant licences;

b. a Governing Council with a Chairman and twelve 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 supreme 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 General Body may delegate such powers to the Governing Council as it may deem necessary.

3. The Chairman shall be elected by two third majority of all the members present and voting in the General Body meeting of the Copyright Society.

4. The Chairman of the Governing Council shall chair the General Body.

5. The twelve members of the Governing Council will consist equally from authors and other owners, elected from the General Body.

6. 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 of completion of their term as members.

7. The General Body may create sub committees for preparing Tariff Scheme, Distribution Scheme, Welfare Scheme and such other matters.

8. The General Body shall approve the instrument of the society including any subsequent changes made to it.

59. Approval of Schemes

(1) As soon as any Scheme has been prepared by the Governing Council, the copyright society shall call a General Body meeting to approve the same.

(2) A notice of not less than twenty-one clear days for the meeting shall be given to every such member and a copy of the proposed Scheme shall be annexed to the notice.

(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.

(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 such members present in person and voting.

(6) The copyright society shall not amend any approved Scheme except with the approval of the General Body.

60. Meetings of the Society

(1) Every copyright society shall hold a general body meeting of all its members as its   annual general meeting before 31st March of 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 third majority of the 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.

(4) The notice for General Body meetings shall be issued at least twenty-one days before and specify the time, date and address of the venue of the meeting.

(5) Every member of the society shall have equal voting rights in 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

(8) Quorum for the meetings of Governing Council shall be one third of its total members other than the Chairman with equal number of authors and other owners

(9) The Registrar of Copyrights shall be invited as an observer to all general body meetings. The Registrar or his authorized representative may attend the meeting.

61. Documents to be presented in the annual general meeting

Every copyright society shall place before its annual general 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 63

(ii) audited accounts of the society for the previous year;

(iii) the Tariff Scheme and the Distribution Scheme or any other scheme including the decision of the Copyright Board on the said Schemes, if any;

(iv) annual report as approved by the Governing Council, giving a full and detailed account of all 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;

(vii) any changes made in the instrument of registration of the society; and

(viii) any other document relating to the society that require approval of the General Body.

62. 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 to the members and other recurring and non- recurring expenditure incurred for meeting administrative and related matters, including the cost of litigations.

(2) The books of account 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 conditions laid down by the General Body.

(3) Every copyright society shall get its accounts audited by a chartered accountant annually.

63. Records to be maintained by copyright societies

Every copyright society shall maintain the following registers at its registered or administrative office:

(i) A register of authors and other owners to be called the “Register of Authors and Other Owners” in respect of the 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. 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, date 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.

(ii) A register to be called the “Register of Agreements” containing a copy of every agreement entered into by the copyright society with the authors and other owners for the purpose.

(iii) A register to be called the “Register of Royalties” containing particulars of royalties and mentioning the names of persons or organisations from whom the royalties have been realised, the amount so realised and 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 the right or the 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 of disbursement of royalty made to him.

64. 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 meeting setting out the following details, namely:-

(i) the date of the annual general 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  63;

(iii) audited accounts of the copyright society;

(iv) the Tariff Scheme, Distribution Scheme and other schemes if any;

(v) annual report approved by the General body setting out a full and detailed account of all its activities during the year; and

(vi) Budget estimates and programme of action for the succeeding year.

65. Code of Conduct for copyright societies

Every copyright society shall conform to the following Code of Conduct:

(1) Every Society shall make available on its website the following:

a. Certificate of Registration as a Copyright Society;

b. The 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 of the society

e. The 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 f.   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

j. Details of the Complaint/Grievances Cell k.  Code of conduct

(2) The members shall be:

a. Treated fairly, honestly, impartially, courteously, and ensure that its dealings with them are transparent.

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.

d. Provided with:

i. the basis for calculating royalties to be paid to the members;

ii. the manner and frequency of payments to 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 transparent

(5) Every society shall observe the following while fixing the Tariff Scheme:

a. Licence fee to be fair and reasonable;

b. Take note of the value of the rights of the works;

c. the purpose and manner in which the rights are to be exploited;

d. any relevant decisions of the Copyright Board;

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 them

(6) Every society shall ensure the facility for on-line licensing and payment of royalties

(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 in relation to the collection and distribution of royalties and expenses.

c. Annual auditing of its accounts by a Chartered Accountant

(8) Every society shall conform to the following procedure for dealing with complaints and grievances:

a. Constitute a Complaint/Grievances Cell and notify 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 of the 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

f. Dispose the complaint as early as possible but not later than two months and provide a written response to the complainant.

g. make available adequate resources for handling and resolving complaints.

h. Review periodically complaint handling and resolving procedures and mechanism.

66. 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 percent of its total royalties collected for implementing the scheme.

CHAPTER XI
Performer’s Society

67. Registration and management of Performer’s society

(1) For the purpose of carrying on the business of issuing or granting licences in respect of performer’s rights under subsection (1) and proviso to subsection (2) of section 38A, there shall be a separate performers’ society for each category of performers such as actors, singers, musicians, dancers, acrobats, jugglers, conjurers, snake charmers, persons delivering lectures or any other group of persons who make a performance.

(2) Such society shall be called as Performers’ Society of that specific category.

(3) In accordance with the provisions of section 39A, any performers society as mentioned in (1) above, whether incorporated or not, comprising seven or more performers (hereinafter referred to as “the applicant”) may file with the Registrar of Copyrights an application in Form  VII for submission to the Central Government for grant of permission to carry on such business and for its registration as a performer’s society.

(4) Chapter V of this rules relating to Copyright Societies shall apply to a Performer’s society with necessary adaptations and modifications.

CHAPTER XII
REGISTRATION OF COPYRIGHT

68. Form of Register of Copyrights

(1) The Register of Copyrights shall be kept in six parts as follows:-

Part I - Literary works other than computer programmes, tables and compilations including computer data bases and dramatic works. Part II -Musical works

Part 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 X.

69. Application for Registration of Copyright

(1) Every application for registration of copyright shall be made in accordance with Form XI and every application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in accordance with Form XII.

(2) Every such 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 for registration of an unpublished work shall be accompanied by two copies of the work

(4) Every application for registration of a computer programme shall be accompanied by the source and object code

(5) Every such application can be filed in the Copyright Office by person or by post or by online filing facility provided in the website of the Copyright Office.

(6)  The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.

(7)  If no objection to such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application by him, he shall, if satisfied about the correctness of the particulars given in the application, enter such particulars in the Register of Copyrights.

(8) If the Registrar of Copyrights receives any objections for such registration within the time specified in sub-rule (7), or, if he is not satisfied about the correctness of the particulars given in the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register of Copyrights as he considers proper.

(9) The Registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.

70. Correction of entries in the Register of Copyrights

The Registrar of Copyrights may, on his own motion or on application of any interested person, amend, or alter the Register of Copyrights in the manner 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 made.

71. Indexes

(1) There shall be kept at the Copyright Office the following indexes for each part of the Register of Copyrights, namely:-

(i) a general Author Index;

(ii) a general Title Index;

(iii) an Author Index of works in each language; and

(iv) a Title Index of works in each language.

(3) Every Index shall be arranged alphabetically in the form of cards.

72. 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 online payment of fee specified in the Second Schedule in this behalf

73. Copies and extracts of the Register of Copyrights and Indexes

(1) Any person shall be entitled to  take copies of, or make extracts from, the Register of Copyrights or Indexes on payment of the fee specified in the Second Schedule subject to such 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 any entries made in the Register of Copyrights and Indexes thereof.

CHAPTER XIII
STORAGE OF TRANSIENT OR INCIDENTAL COPIES OF WORKS

74. (1) Any owner of copyright may give a written complaint 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 details:

(a) The description of the work with adequate information to identify the work;

(b) Evidence to show that the complainant is the owner of copyright in the work;

(c) Evidence to show 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 by the Act;

(d) Details of the place where transient or incidental storage of the work is taking place;

(e)  Details  of  the  person  who  is  responsible  for  uploading  the  work  infringing  the copyright of the 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 directions from the court within twenty one days from the receipt of the 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, take measures to refrain from facilitating such access for a period of twenty-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  restore  the  storage  of  the  work  in  case  the complainant failed to produce direction from the court restraining him from facilitating access

(5) In case the complainant failed to produce the court directions within the stipulated period, the person responsible for storage shall not be obliged to respond to any further notice sent by the same party on the same work.

CHAPTER XIV
Making or adapting the work by organizations working for the benefit of persons with disabilities

75. Maintaining of records

(1) The organization 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:

(a) the name of the work, author, owner, date of publication, publisher;

(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, distributed and remaining in stock; and

(e) price if any charged on the copies.

(2) The organization working for the benefit of the persons with disabilities shall maintain separate register of the persons with disabilities to whom the accessible format of the works has been supplied with details of their name, address and other contact details, number of copies supplied and details of payment if any.

(3) The organization working for the benefit of the persons with disabilities shall maintain separate books of account containing particulars about the total expenditure in making accessible format of the works under different heads of expenditure along with total income, if any, derived from the distribution of copies of such accessible formats.

(4) The register and books of account kept at the principal place or business of the person making such accessible formats shall be open to inspection by the owner of rights during usual business hours.

(5) The owner of rights or his duly authorized agent or representative may inspect the records, registers and books of account during usual business hours and may demand copies of relevant extracts from the books at his own cost.

76. Notice to be included in copies made in accessible formats

The organization working for the benefit of the persons with disabilities shall insert appropriate notices in the copies works in accessible formats created by the orgnisations that:

a. the accessible format is created pursuant to the exception under Section 52(1)(zb);

b. the accessible format is intended solely for the use of persons with disabilities who cannot enjoy the normal format of the work; and

c. any distribution of the 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 purpose of this Chapter the term "accessible format" shall include Braille, Daisy, large print, talking books, digital formats such as MS Word, pdf, epub etc. and all other formats that can be used by persons with disabilities.

77. Contracts with third parties engaged by organizations working for persons with disabilities

An organisation working for persons with disabilities may engages any third party as its agent to undertake any of the activities permitted under Section 52(1)(zb) 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 organisaion and not otherwise.

CHAPTER XV
IMPORTATION OF INFRINGING COPIES

78. 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 authorized in this behalf by the Central Board of Excise and Customs in accordance with Form XIII and shall be accompanied by the fee specified in the Second Schedule.

(2) The person who gives the notice referred to in sub-rule (1) shall deposit, within the time prescribed by the Commissioner, such amount as the Commissioner may require 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 authorized in this behalf, on arrival of such works, if satisfied, shall suspend the clearance of such works for 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 authorized agent, Commissioner or the officer duly authorized in this behalf, shall inform the name and address of the person who gave the notice.

(5) The Commissioner or the officer duly authorized in this behalf shall release the consignment on expiry of fourteen days in case the person who gave notice failed to produce an order from the competent court restraining him from releasing the suspended consignment of works.

79. Maintaining of records

CHAPTER XVI
Technological Protection Measures

(1) Any person who is permitted to circumvent technological protection measures as per clause (a) of subsection (2) of section 65A may approach anyone 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 the following details of the person who requested for assistance:

(a) The name, complete postal address, photograph, e-mail and telephone number of the person;

(b) The professional details of the person if any, including the address of the place where he is working;

(c) the  stated reasons and purpose for  circumvention of the technological protection measures; and

(d) a written undertaking from the person requesting assistance that he is entitled for circumvention of the technological protection measures and will be solely responsible for copyright infringement, if any, of the protected work.

(3) The record may be maintained on-line or in any other format in the place from where he is facilitating circumvention.

(4) In case the facility including the tools for circumvention of the technological protection measures are provided through on-line, the person facilitating shall setup adequate technical measures to ensure on-line registration with all the details of the person requesting for such facilitation mentioned in sub-rule 2 above and verification of the e-mail address before facilitating circumvention.

(5) Any such person maintaining records as per sub-rule 2 above shall disclose the details in the record only upon a court order or to a police officer, not below the rank of a sub-inspector of police, investigating a complaint under section 65A.

CHAPTER XVII
MISCELLANEOUS

80. Mode of making applications, 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 the authority concerned, be sent by hand or pre-paid registered post or by online filing procedure made available in the website of the Copyright Office/ Copyright Board.

81. Fees

(1) The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule.

(2) The fees may be paid to the Registrar 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 of the Copyright Office website copyright.gov.in.

(4) Postal orders and bank drafts shall be crossed and drawable in New Delhi.

(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 and the State Government

82. Right of audience

In any proceedings before the Copyright 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.

83. Costs

The cost of, and incidental to, the proceedings before the Copyright Board or the Registrar of Copyrights shall be in the discretion of the Copyright Board or the Registrar of Copyrights, as the case may be.

*****

FIRST SCHEDULE

FORM I
Notice of Relinquishment of Copyright
[See rule 6] To

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.

Place............

Date..............

Form of Affidavit referred to above

(Signature)

I,........................................................................................................................... .................. ...................................., of (full name in block letters) ................................................................. .................... do hereby or solemnly affirmation state that-

(1) I am the author of the 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:

Description of the work:

STATEMENT

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the works.

(c) Full name, address and nationality of the author.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of first publication.

(g) Country of first publication.

(h) If the copyright in the work is registered under section 45, the Registration number.

2. Rights owned by the deponent on the date of the affidavit. (If the rights are owned jointly with others, state names, addresses and nationalities of the joint owners.)

3. Extent to which rights are relinquished.

4. Reasons for relinquishment of the rights. (The information given here will be kept strictly confidential).

5. Remarks, if any.

Place...............

Date................

(Signature)

Solemnly affirmed before me by ............................................................................................................................. .............. who is known to me personally/ (name of deponent in block letters) who is identified to me by........................................................................................................................... ................. ......../ (name of identifier in block letters) who is known to me personally.

Place................

Date.................

(Signature and seal of the Magistrate)

FORM II

Application for a licence for translation
[See rule 11]

In accordance with section 32 of the Copyright Act, 1957 (14 of 1957), I hereby apply to the Copyright Board for a licence to produce and publish a translation of the work in accordance with the particulars given in the enclosed statement.

2. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.

Place.........

Date..........

(Signature)

STATEMENT

1. Full name of the applicant............................................................................................... (in block letters)

2. Full address and nationality of the applicant.

3. Telegraphic address, if any.

4. Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record).

(b) Title of the work.

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease.

(d) Language of the work.

(e) Name, address and nationality of the publisher.

(f) Year of first publication.

(g) Country of first publication.

(h) Price of a copy of the work.

(i) If the copyright in the work is registered under section 45, the Registration number.

5. Language into which the work is proposed to be translated.

6.  Full name, qualifications and address of the translator.

7. Qualification of the applicant to produce and publish the translation.

8. Number of copies of the translation proposed to be published.

9. Estimated cost of production and publication of the translation.

10. Proposed retail price per copy of the translation.

11. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.

12. Means of the applicant for payment of the royalty.

13. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury challan number).

14. (a) Full name, address and nationality of the person competent to issue a licence for translation.

(b) Whether the applicant was able to find the said person.

(c) Whether the applicant had requested and had been defined authorisation by the said person to produce and publish the translation.

(d) If the applicant was unable to find that owner, whether he had sent a copy of the request for authorisation to the publisher. If so, the date on which the copy was sent.

15. Whether the author of the work has withdrawn from circulation copies of the work.

16. (a) Whether a translation in the same language has been published before.

(b) Whether the earlier translation is out-of-print.

(c) Full name, address and nationality of the earlier translator and, if the said translator is deceased, the date of his decease.

(d) Title of the earlier translation.

(e) Full name, address and nationality of the publisher of the earlier translation. (f) Year of publication.

(g) Price per copy of the earlier translation.

(h) If the earlier translation is registered under section 45, the Registration number.

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.

17. (a) Whether translation has been made into any language other than the language stated in 5 above.

(b) Full name, address and nationality of the translator and, if the said translator is deceased, the date of his decease.

(c) Title of the translation.

(d) Language of the translation.

(e) Full name, address and nationality of the publisher of the translation. (f) Year of publication.

(g) Price per copy of the translation.

(h) If the translation is registered under section 45, the Registration number. (i) Rate and amount of royalty paid to the copyright owner, if known.

18. Remarks, if any.

19. List of enclosures.

Place............

Date.............

(Signature)

FORM III

Application for a licence for publication/translation/reproduction
[See Rule 17]

1. In accordance with section 32 (1A)/32A of the

2. [Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish an unpublished work, or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement.

2. I hereby undertake to abide strictly by the terms and conditions of the licence, if grant ed to me.

3. I hereby verify that the particulars given in this form are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Place...........

Date............

STATEMENT

(Signature)

1. Full name of the applicant: ------------------------------------------------------------------------------- (In block letters)

2. Full address and nationality of the applicant:-----------------------------------------------------------

3. Telephone and E-mail: ------------------------------------------------------------------------------------

4. Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record)

(b) Title of the work

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease

(d) Language of the work

(e) Name, address and nationality of the publisher

(f) Year of first and last publication

(g) Country of first and last publication

(h) Price of a copy of the work

(i) If the copyright in the work is registered under section 45, the Registration Number

5. If the licence is applied for translation, state:

(a) Language into which the work is proposed to be translated

(b) Full name, qualifications and address of the translator

(c) Qualifications of the applicant to produce and publish the translation

6. Indicate the purpose for which the licence is required

7. Number of copies of work proposed to be published under the licence applied for

8. Estimated cost of the work to be published

9. Proposed retail price per copy of the work

10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner

11. Means of the applicant for payment of the royalty

12. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number)

13. (a) Full name, address and nationality of the person competent to issue a licence

(b) Whether the applicant after due diligence on his part was unable to find the owner

(c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work

(d) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered air mail post to the publisher whose name appears on the work. If so, the date on which the copy was sent.

14. Whether the author of the works has withdrawn from circulation copies of the work

15. In case of application for translation furnish following additional information:-

(a) Whether a translation in the same language has been published before

(b) Whether the earlier translation is out of print

(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease

(d) Title of the earlier translation

(e) Full name, address and nationality of the publisher of the earlier translation

(f) Year of publication

(g) Price per copy of the earlier translation

(h) If the earlier translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known

16. (a) Whether translation has been made into any language other than the language stated in 5 above

(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease

(c) Title of the translation

(d) Language of the translation

(e) Full name, address and nationality of the publisher of the translation

(f) Year of publication

(g) Price per copy of the translation

(h) If the translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner, if known.

17. Remarks, if any

18. List of enclosures

Place..............

Date................

(Signature)

FORM IV
[See rule 22]

In accordance with first proviso to sub-section (1) or the first proviso to sub-section (2) of section 32B of the Copyright Act, 1957 (14 of 1957)], I hereby give notice, that copies of translation/reproduction of  the  work  given  below  (mention  language)  have  been  published  by me/under my authorization.

Place............

Date............

(Signature)

STATEMENT

1. Title of the work.

2. Name and address of the owner of copyright.

3. Year and country of first publication and name, address and nationality of the publisher.

4. Name and address of the author who has translated the work.

5. Name and address of the publisher and year in which the translation has been published in India.

6. Name and address of the publisher and year in which the reproduction of the work has been published in India.

7. Retail price of the published work.

FORM V

Application for a compulsory licence for publication/translation/reproduction
[See Rule 23]

4. In accordance with section 31A of the [Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish an unpublished work, or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement.

5. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.

6. I hereby verify that the particulars given in this form are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Place...........

Date............

STATEMENT

(Signature)

5.  Full name of the applicant: ------------------------------------------------------------------------------- (In block letters)

6.  Full address and nationality of the applicant:-----------------------------------------------------------

7.  Telephone and E-mail: ------------------------------------------------------------------------------------

8.  Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record)

(b) Title of the work

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease

(d) Language of the work

(e) Name, address and nationality of the publisher

(f) Year of first and last publication

(g) Country of first and last publication

(h) Price of a copy of the work

(i) If the copyright in the work is registered under section 45, the Registration Number

5. If the licence is applied for translation, state:

(a) Language into which the work is proposed to be translated

(b) Full name, qualifications and address of the translator

(c) Qualifications of the applicant to produce and publish the translation

6. Indicate the purpose for which the licence is required

7. Number of copies of work proposed to be published under the licence applied for

8. Estimated cost of the work to be published

9. Proposed retail price per copy of the work

10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner

11. Means of the applicant for payment of the royalty

12. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number)

13. (a) Full name, address and nationality of the person competent to issue a licence

(b) Whether the applicant after due diligence on his part was unable to find the owner

(c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work

(d) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered air mail post to the publisher whose name appears on the work. If so, the date on which the copy was sent.

14. Whether the author of the works has withdrawn from circulation copies of the work

15. In case of application for translation furnish following additional information:-

(a) Whether a translation in the same language has been published before

(b) Whether the earlier translation is out of print

(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease

(d) Title of the earlier translation

(e) Full name, address and nationality of the publisher of the earlier translation

(f) Year of publication

(g) Price per copy of the earlier translation

(h) If the earlier translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known

16. (a) Whether translation has been made into any language other than the language stated in 5 above

(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease

(c) Title of the translation

(d) Language of the translation

(e) Full name, address and nationality of the publisher of the translation

(f) Year of publication

(g) Price per copy of the translation

(h) If the translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner, if known.

17. Remarks, if any

18. List of enclosures

Place..............

Date................

(Signature)

FORM VI

Application for a compulsory licence for disabled persons
[See Rule 28]

7. In accordance with section 31B of the [Copyright Act, 1957 (14 of 1957)], I hereby apply to the Copyright Board for a licence to publish a  published work, to adapt or reproduce a published work or to translate a work in accordance with the particulars given in the enclosed Statement.

8. I hereby undertake to abide strictly by the terms and conditions of the licence, if granted to me.

9. I hereby verify that the particulars given in this form are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Place...........

Date............

STATEMENT

(Signature)

9. Full name of the applicant: ------------------------------------------------------------------------------- (In block letters)

10. Full address and nationality of the applicant:-----------------------------------------------------------

11. Telephone and E-mail: ------------------------------------------------------------------------------------

12. Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Record)

(b) Title of the work

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease

(d) Language of the work

(e) Name, address and nationality of the publisher

(f) Year of first and last publication

(g) Country of first and last publication

(h) Price of a copy of the work

(i) If the copyright in the work is registered under section 45, the Registration Number

5. If the licence is applied for translation, state:

(a) Language into which the work is proposed to be translated

(b) Full name, qualifications and address of the translator

(c) Qualifications of the applicant to produce and publish the translation

6. Indicate the purpose for which the licence is required

7. Number of copies of work proposed to be published under the licence applied for

8. Estimated cost of the work to be published

9. Proposed retail price per copy of the work

10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner

11. Means of the applicant for payment of the royalty

12. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number)

13. (a) Full name, address and nationality of the person competent to issue a licence

(b) Whether the applicant after due diligence on his part was unable to find the owner

(c) Whether the applicant has requested and had been denied authorisation by the said person to produce and publish the translation or reproduce the work or publish the unpublished work

(d) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered air mail post to the publisher whose name appears on the work. If so, the date on which the copy was sent.

14. Whether the author of the works has withdrawn from circulation copies of the work

15. In case of application for translation furnish following additional information:-

(a) Whether a translation in the same language has been published before

(b) Whether the earlier translation is out of print

(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease

(d) Title of the earlier translation

(e) Full name, address and nationality of the publisher of the earlier translation

(f) Year of publication

(g) Price per copy of the earlier translation

(h) If the earlier translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known

16. (a) Whether translation has been made into any language other than the language stated in 5 above

(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease

(c) Title of the translation

(d) Language of the translation

(e) Full name, address and nationality of the publisher of the translation

(f) Year of publication

(g) Price per copy of the translation

(h) If the translation is registered under section 45, the Registration Number

(i) Rate and amount of royalty paid to the copyright owner, if known.

17. Remarks, if any

18. List of enclosures

Place..............

Date...............

(Signature)

FORM VII
[See rules 43]

Application form for permission to carry on copyright business and for registration as a copyright society/performers’ society

1. Names and addresses of the persons forming the association of persons (in capital letters) (hereinafter referred to as “applicant”)

2. The profession or occupation of such persons

3. Details of works in which copyright or other rights of such individuals subsist

4. The class or category of works or the rights in respect of which the applicant proposes to carry on the copyright business.

5. The territory or territories to which the business shall extend

6. The name in which the applicant desires registration as copyright society

7. The names, addresses and profession/occupation of individuals comprising the governing body (by whatever name called) of the applicant in whom the ultimate management, control and direction of the applicant is vested

8.  The capacity (author or owner) in which such individual has become a member of governing body.

9. Address of the registered or administrative office of the applicant at which its records will be maintained and kept and the designation of the chief executive officer of the applicant wi th address on hom communications may be served.

10. Financial position of the applicant on the date of making the application i.e., last audited balance sheet and income and expenditure account/bank balance.

11. Signature along with the name of the members of the governing body

12. Name and signature of the chief executive

Place..........................

Date.............................

FORM VIII
[See rules 46]

Application form for re-registration or renewal of registration of a copyright society/performers’ society

1. The class or category of works or the rights in respect of which the applicant is carrying on the copyright business.

2. The year of incorporation of the applicant.

3. Date from which the applicant has been carrying on the copyright business of grant ing licenses.

4. The territory or territories to which the business of the applicant extends including any proposed extensions.

5. The names, addresses and profession/occupation of individuals comprising the governing body (by whatever name called) of the applicant in whom the ultimate management, control and direction of the applicant is vested.

6. The capacity (author or owner) in which such individual has become a member of governing body.

7. Address of the registered or administrative office of the applicant at which its records are maintained and kept and the designation of the chief executive officer of the applicant with address on whom communications may be served.

8. Financial position of the applicant on the date of making the application i.e., last audited balance sheet and income and expenditure account/bank balance.

9. Signature along with the name of the members of the governing body

10. Name and signature of the chief executive

Place.........................

Date.............................

*In the case of a copyright society functioning as such immediately before the commencement of the Copyright (Amendment) Act, 2012, the application shall be accompanied by any documentary proof in support of its claim of functioning as a copyright society.

FORM IX
[See rule 48]

Certificate of registration under section 33(3) of the Copyright Act, 1957

It is certified that..............(name of the society and address) has been registered by the Central Government, vide Registration No.............as a copyright society under subsection (3) of section 33 of the Copyright Act, 1957 (14 of 1957) and permitted to commence and carry on the copyright business in..........................(here indicate the name of the particular class of works).

The registration and the permission hereby granted are subject to the following conditions and liable to be cancelled on non-compliance with, or contravention of, any of them, namely:-

(i) that the particulars furnished in the application are true and correct and not misleading in any manner; and

(ii) that the copyright society shall duly comply with all the obligations imposed on it by or under the Copyright Act, 1957 (14 of 1957) and the Copyright Rules, 1958.

Date.................

(Seal)

Registrar of Copyrights

FORM X

Form of Register of Copyrights
[See rule 68]

1. Registration number.

2. Name, address and nationality of the applicant.

3. Nature of the applicant’s interest in the copyright of the work.

4. Class and description of the work.

5. Title of the work.

6. Language of the work.

7. Name, address and nationality of the author and, if the author is deceased, the date of his decease.

8. Whether work is published or unpublished.

9. Year and country of first publication and name, address and nationality of the publisher.

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publishers.

11. Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignments and licences, if any.

12. Names, addresses and nationalities of other persons, if any, authorised to assign or license the rights comprising the copyright. If the work is an artistic work the location of the origin al work,
13. Architectural work, the year of completion of the work should also be shown.)

14. Remarks, if any.

FORM XI

Application for Registration of Copyright
[See rule 16]

In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed statement of particulars sent herewith in triplicate.

1. I also send herewith duly completed the statement of further particulars relating to the work.

2. In accordance with rule 69 of the Copyright Rules, 2012, I have sent by pre-paid registered post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown below:

Names and addresses of the parties

Date of despatch

3. The prescribed fee has been paid, as per details below:

4. Communications on this subject may be addressed to:

5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.

6. I hereby verify that the particulars given in this Form and the Statement of Particulars and Statement of further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

5. List of enclosures.

Place.................

Date..................

(Signature)

STATEMENT OF PARTICULARS

1. Registration number (To be filled in the Copyright Office)

2. Name, address and nationality of the applicant

3. Nature of the applicant’s interest in the copyright of the work

4. Class and description of the work

5. Title of the work

6. Language of the work

7.  Name, address and nationality of the author and, if the author is deceased, the date of his decease

8. Whether work is published or unpublished

9. Year and country of first publication and name, address and nationality of the publishers.

10. Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher.

11. Names, address and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights held by each, together with particulars of assignment and licences, if any.

12. Names, addresses and nationalities of their persons, if any, authorized to assign or license the rights comprising the copyright.

13. If the work is an “artistic work”, the location of the original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown).

14. If the work is an ‘artistic work’ which is used or is capable of being used in relation to any goods, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]

15. Remarks, if any.

Place............

Date............

(Signature)

STATEMENT OF FURTHER PARTICULARS
(For Literary, Dramatic, Musical and Artistic Works only)

1. Is the work to be registered-

(a) an original work?

(b) a translation of a work in the public domain?

(c) a translation of a work in which copyright subsists?

(d) an adaptation of a work in the public domain?

(e) an adaptation of a work in which copyright subsists?

2. If the work is a translation or adaptation of a work in which copyright subsists:

(a) Title of the original work.

(b) Language of the original work.

(c) Name, address and nationality of the author of the original work and, if the author is deceased, the date of his decease.

(d) Name, address and nationality of the publisher, if any, of the original work.

(e) Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorising.

3. Remarks, if any.

Place..............

Date...............

(Signature)

FORM XII

Application for registration of changes in the particulars of copyright entered in the Register of Copyrights
[See rule 69] To

In accordance with rule 16 of the Copyright Rules, 1958, I hereby apply for registration of changes in the particulars of copyright entered in the Register of Copyrights and request that changes in the existing entries may be made as specified in the enclosed statement of particulars.

2. I have sent by registered post copies of this letter and of the statement of particulars to the other parties concerned* as shown below:

Names and addresses of parties

Date of despatch

*See columns 7,11, 12 and 13 of Register of Copyrights

3. The prescribed fee has been paid, as per details below:

4. Commissioner on subject may be addressed  to:

5. I hereby declare that, to the best of my knowledge and belief, no person other than to whom a notice has been sent as per paragraph 2, has any claim, interest or dispute to my copyright of this work, or to its use by me.

6. I hereby verify that the particulars given in this Form and the Statement of particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.]

Place.....................

Date.......................

(Signature)

STATEMENT OF PARTICULARS

1.  Registration number in the Register of Copyrights.

2. Changes sought in the particulars of copyright as entered in the Register of Copyrights.

Reference to column number of Existing entry in the Proposed entry in Reasons for the Register of  place of the existing changes proposed the Register of Copyrights entry in the Register
Copyrights of Copyrights

              1                                 2                                    3                                              4

Note

Where the changes proposed are consequent on assignment or licences of copyright, attested copies of the deeds of assignments or licences should be enclosed.

3. List of enclosures.

Place......................

Date.......................

(Signature)

FORM XIII

Notice under section 53 of the Act
[See rule 78]

In accordance with section 53 of the Copyright Act, 1957 (14 of 1957), I hereby state that I am the owner of the copyright/right in -------------------(work)----------------------- or I am the duly authorised agent of --------(full name)--------------- who is the owner of copyright/right in ---------- -----(work)------------------- as per the attached statement-----(no. of copies)------------- infringing copies of the said work are expected to arrive in India at ----------(time)------------- at --- ------(place)-------------------. (evidence attached) which if brought to India and allowed to be sold would cause serious economic and moral harm to me (evidence attached). The said infringing copies are not being imported for the private and domestic use of the importer and are not goods in transit. I hereby request you to kindly treat these infringing copies as prohibited goods for a period of --------------------------.

I undertake to deposit such amount as may be required 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. I further undertake to produce an order from a court of competent jurisdiction as to temporary or permanent disposal of such goods within fourteen days from the date of their detention. The particulars in the statement below are true to the best of my knowledge and belief.

Place--------------                                                                                              

Date--------------

(Signatures)

Form of Affidavit

I,........................................................................................................................... .................. ...................., of (full name in block letters) ........................................................ do hereby(full address) solemn affirmation state that-

(1) the particulars in the statement below are true to the best of my knowledge and belief;

(2) the works which are being imported in accordance with the particulars in the said statement are infringing copies of the work described in the said statement; and

(3) I am interested in the prevention of importation of the said infringing copies for the following reasons: (State reasons)

(4) the infringing copies are not being imported for the private and domestic use of the importer.

STATEMENT

1. Particulars of the Work and Rights held:

(i) Full name, address and nationality of the person giving notice

(ii) If the applicant is not the owner of the copyright, full name, address and nationality of the owner of the copyright.

(iii) Description of the work:

(a) Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound Record, Performance).

(b) Title of the work.

(c) Full name, address and nationality of the author and, if the author is deceased, the date of his decease.

(d) Language of the work.

(e) Name and address of the publisher. (f) Year of first publication.

(g) Country of first publication.

(h) If the copyright in the work is registered under section 45, the registration number.

2. Details of import of infringing copies:

(i) Country of origin of the infringing copies.

(ii) Name, address and nationality of the importer in India.

(iii) Name, address and nationality of the maker of the infringing copies.

(iv) Expected time and place of import of the infringing copies into India.

(v) In case a consignment of the infringing copies is detected and detained, will the applicant be prepared to go himself or depute an authorised agent to identify the said copies to the satisfaction of the Commissioner of Customs?

3. Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number)

4. Any other relevant information not covered above.

4. Enclosures:

(i) Copy of the work the copyright/other right in which is being infringed

(ii) Evidence of ownership and authorship of copyright in the work

(iii) Evidence of infringement of copyright

(iv) Evidence of infringing copies being brought to India

(v) Evidence of payment of fee (copy of Postal Order/Bank Draft/Treasury Challan)

Place--------------

Date-------------- 

(Signatures)

SECOND SCHEDULE
(See Rule 26)

S.No.

Item

Existing Fee

Proposed Fee

1.

For a licence to republish a Literary, Dramatic, Musical or Artistic Work (sections 31, 31A, 31B* and 32A).

Rs.400 per
work

Rs.1200 per
work

2.

For a licence to communicate an Indian work to the public by Broadcast (section 31(1) (b)).

Rs.200 per
work

Rs.40,000 per
applicant/per station

3.

For a licence to republish a Cinematograph Film (section 31).

Rs.600 per
work

Rs.1800 per
work

4.

For a licence to republish a Sound Recording (section 31).

Rs.400 per
work

Rs.1200 per
work

5.

For a licence to perform an Indian work in public (section 31).

Rs.200 per
work

Rs.600 per
work

6.

For an application for a licence to produce and publish a translation of a Literary or Dramatic work in any language (sections 32 and 32A).

Rs.200 per
work

Rs.600 per
work

7.

For an application for registration of copyright in a–

(a) Literary, Dramatic, Musical or Artistic Work

(b) Provided that in respect of a Literary or Artistic Work which is used or is capable of being used in relation to any goods (section 45).

Rs.50 per work

Rs.400 per

Rs.200 per work


   

work

Rs.1600 per
work

8.

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:

(a) Literary, Dramatic, Musical or Artistic Work

(b) Provided that in respect of a Literary or Artistic Work which is used or is capable of being used in relation to any goods (section 45).

Rs.50 per work

Rs.200 per work

Rs.200 per work

Rs.800 per work

9.

For an application for registration of copyright in a Cinematograph Film (section 45).

Rs.600 per
work

Rs.1800 per
work

10.

For an application for registration of changes in particulars of copyright entered in the Register of Cinematograph Film (section 45).

Rs.400 per
work

Rs.1200 per
work

11.

For an application for registration of copyright in a sound Recording (section 45).

Rs.400 per work

Rs.1200 per work

* inserted vide Copyright (Amendment) Act 2012.

12.

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of a Sound Recording (section 45).

Rs.200 per work

Rs.600 per work


13.

For taking extracts from the Register of Copyrights (section 47).

Rs.20 per work

Rs.100 per work

14.

For taking extracts from the Indexes (section 47).

Rs.20 per work

Rs.100 per work

15.

For a certified copy of an extract from the Register of Copyrights or the Indexes (section 47).

Rs.20 per copy

Rs.100 per copy

16.

For a certified copy of any other public document in the custody of the Registrar of Copyrights or the Copyright Board.

Rs.20 per copy

Rs.100 per copy

17.

For an application for prevention of importation of infringing copies (section 53).

Rs.400 per work per place of entry.

Rs.1200 per work per place of entry

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