2. “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary) Copyright means:
3. The creator of a work can prohibit or authorize: its reproduction in various forms, such as printed publication or sound recording; its public performance, as in a play or musical work; recordings of it, for example, in the form of compact discs, cassettes or videotapes; its broadcasting, by radio, cable or satellite; its translation into other languages, or its adaptation, such as a novel into a screenplay. Rights of Copyright owner:
4. a body created by private agreements or by copyright law that collects royalty payments from various individuals and groups for copyright holders have the authority to license works and collect royalties as part of a statutory scheme or by entering into an agreement with the copyright owner Copyright Society means:
5. To protect the rights of copyright owners, performers and other holders of copyright, the Copyright Act, 1957, keeping pace with international treaties, provides for the establishment of copyright societies remains one of the simplest and most reliable means for collecting and distributing royalties to rights owners for the use of their protected works, especially in the field of music. Need for Copyright Societies:
6. The primary functions include: licensing works in which they hold the copyright or for which they act as an agent on behalf of the members for specific uses; monitoring use of works and collecting revenues; distributing revenues as royalties to members; and entering into reciprocal arrangements with foreign collecting societies to collect and distribute local royalties earned overseas to local rights holders. Functions of Copyright Societies:
7. Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) for cinematograph and television films; The Indian Performing Right Society Limited (IPRS) for musical works; Phonographic Performance Limited (PPL) for sound recordings; and Indian Reprographic Rights Organization (IRRO) for reprographic (photo copying) works. Copyright Societies in India:
8. Registration of Copyright Society: [S-33] Persons or association of persons may apply for registration of copyright society to the Registrar of Copyrights; The Central Government shall not register more than one copyright society to do business in respect of the same class of works; Every such society shall get itself registered within a period of one year from the date of commencement of the Copyright (Amendment) Act, 1994; The minimum membership required for registration of society is seven.
9. The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned, cancel the registration of such society after making such inquiry, after which the Central Government may by order, suspend the registration for a period of one year and appoint an administrator to discharge the functions of the copyright society. Inquiry,cancellation and suspension of Registration of Copyright Society
10. Copyright society accept from an owner, an exclusive authorization to administer any right in any work by issue of licenses or collection of license fees or both; Owner has rights to withdraw such authorization without prejudice to the rights of the copyright society under any contract ; Copyright society enters into an agreement with any foreign society or organization administering rights corresponding to rights under Copyright Act. Administration of rights of owner by Copyright Society [S-34]
11. The Copyright society shall, frame a scheme for determining the quantum of remuneration payable to individual copyright owners having regard to the number of copies of the work in circulation: Provided that such scheme shall restrict payment to the owners of rights whose works have attained a level of circulation which the copyright society considers reasonable. Payment of remunerations by Copyright Society: [S-34A]
12. Tariff scheme setting out the nature and quantum of royalties or fees which the society proposes to collect in respect of copyright or other rights administered by it not later than three months Distribution scheme setting out the procedure for collection and distribution of fees or royalties specified in tariff scheme among the owners of the copyright not later than three months Tariff scheme and Distribution scheme:
13. Every Copyright society shall obtain the approval of such owners of rights for its procedures of collection and distribution of fees; obtain their approval for the utilization of any amounts collected as fees (not exceeding 15%)for any purpose (like administrative expense) other than distribution to the owner of rights; and provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights. Control over the Copyright Society by the owner of rights: [S-35]
14. Meetings Accounts and audits Annual general meeting of owners of rights Returns to be filed with the Registrar of copyrights Other functions of Copyright Societies:
15. The Copyright (Amendment) Bill 2010 make provisions of the Act in conformity with WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty in internet and digital technology and provide for stringent punishment up to two years imprisonment and fine for violation independent rights to authors of literary and musical works in cinematography films, entitling them to royalty which was denied to them so far a system of statutory licensing for all sound recordings to ensure that while making a sound recording of any literary, dramatic or musical work, the interest of the copyright holder is protected make provision for storing copyrights material by electronic means in the context of digital technology
16. Phonographic Performance Ltd. v. Hotel Gold Regency & Ors. [2008 (37) PTC 587 (Del.)]. Muthooth Finance Ltd Vs. The Indian Performing Rights Society Limited [OSA No. 64 of 2009 and MP No. 1 of 2009] Caselaws:
