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Copyright Societies

Copyright Societies Answer:- Copyright Act, chapter 7 of the Act deal with copyright societies their powers, procedure followed and other related matter, in section 33 to 39-A. Whereas an individual owner of the copyright in his individual capacity continues to have the right to grant licences in respect of his own works, the Act also provides for establishment, formation and registration of certain societies consisting of authors, owners of copyrights and other interested persons.

A performing Rights Society which was functioning before the coming into force of the copyright (Amendment Act), 1991 (with effect from 10/5/1995), will be deemed to be a copyright society and every such society should get itself registered within a period of one year from the date of commencement of the copyright (Amendment Act), 1994 prior to the-coming into force of the 1994 Amendment Section 33 to 36 dealt with performing rights societies, which carried on the business of issuing of granting licences for the performances in India of any work in which copyright subsisted. The activities of the societies were confined to copyright subsisting in literary, dramatic and musical work which can be performed in public.

a) Registration of copyright societies: Rule 12 to 14 deals with the registration of copyright societies, conditions and eligibility therefore and the administration of the copyright societies.

Any association of persons, whether incorporation or not, comprising seven or more owners of copyright formed for the purpose of carrying on the business of issuing or granting licences, in respect of any class of works in which copyright subsists. Such an association may file on application with the Registrar of copyright for submission to the Central Government for grant of permission to carry on such business and for its registration as a copyright society.

b) Conditions for grant of permission to carry on copyright business: An application for registration as a copyright Society will not be eligible for such registration, unless-
1. the instrument i.e memorandum or articles of association by which the applicant is established or incorporated creates a commitment to deal with only copyright business and other related activities; and
2. the applicant is willing to comply with the provisions of the Act and the rules (Rule 14).

The applications must be accompanied by a true copy of the instrument, the consent writing of the individuals named in the application to act as the members of the governing body of the applicant and other undertakings (Rule 14-A). The Central Government may either accept or reject the application within 60 days from the date of receipt of application through the Registrar (Rule 14- B).