Copyright societies

Introduction of copyright law

Intellectual property rights are the rights that are provided to an individual for their creations in artistic, musical, filmography, scientific, and such other fields. Intellectual property is a product of the human intellect or creative minds. The scope of intellectual property is expanding very fast with the passage of time. The term intellectual property has been internationally recognised through different types of law like patents, industrial designs, copyright, trademarks, geographical indications, and many more.

As in copyright, the concept is based on originality, reproduction of the work, etc. Copyright is a form of intellectual right the importance of which has increased massively in recent times due to the rapid technological development in the field of music, printing, communication, etc. Copyright is a type of right where the owner of a certain work enjoys exclusive rights over the work which the person had created.

The object of copyright law is to encourage authors, composers, and artists to create original works by rewarding them with the exclusive right for a limited period to exploit the work for monetary gain. Through this article, we will be understanding the concept of copyright societies.

Copyright has an important place in Intellectual Property Rights as it is a fundamental area of intellectual property rights that is important not only with respect to works authored by the individual but also because it involves works of different types. Copyright is the exclusive right to do certain acts in relation to literary works, dramatic, musical, and artistic works, cinematograph film, sound recording, and computer databases.

Copyright law is designed to prevent the copying of existing physical material in literature and art. The objective is to protect the writer or artist from the unlawful reproduction of his material. The law does not permit any individual to make a profit and to appropriate to him from the work which has been produced by labour, skill, and capital of another. In order to prevent violation of the rights of creative authors, there are Copyright Societies that takes care of the rights of authors and all other matters related to copyrighted work.

Summary of copyright

Copyright has its foundation purpose of preventing any individual from using the works of another individual which has been created by labour, skill or capital by such individual without his consent for his own benefit and to protect the rights of the owner of such work. The copyright law prevents exploitation of the copyrighted work by any other person. In ancient times, the importance of copyright was not so prevalent, as copying or stealing other’s work was difficult and expensive.

However, with the invention of the printing press, the world witnessed the reproduction of one’s work without permission and hence, the importance and requirement of copyright protection laws was recognised.

Copyright is a creation of statute. Copyright cannot be entitled to every work under the sun. It is only entitled to such works which are provided under the Copyright Act. Its main objective is to protect the creator of the original work from unauthorised reproduction leading to exploitation of his work. The right also extends to prevent others from exercising without authority any other form of right attached to copyright. The rights can be either assigned or licensed to the work either wholly or separately.

Copyright can be only entitled to such original work. The term ‘original’ denotes any work which has been created with its labour and skill and not copied from any other work. Work, in order to be entitled to copyright protection, need not have to pass any test of intelligence, good or bad, etc. However, copyright is not entitled to any form of idea.

For example, if any person in their mind themselves had thought of an idea, which he had conveyed to any other person, and that person has incorporated that idea in the material form, then the person who had created the work in the material form will be allowed to have protection and not the person with an idea. Copyright protection is also not available to any live events, or on any such work which is illegal, defamatory, seditious, etc.

In India, copyright laws are stated under The Copyright Act of 1957. Section 13 of the Act mentions such works in which copyright subsists.

Introduction to copyright societies

Copyright Society is referred to as a legal body that protects or safeguards the interest of owners of the work in which copyright subsists. The Copyright Society gives assurance to the creative authors for the commercial management of their works.

Copyright societies are collectively formed by a group of authors and other owners of such copyrighted works in order to manage and protect the authors or owners against copyright infringement because it is difficult for authors as well as owners of the copyright to keep track of the use of their copyrighted work.

A member of the society is entitled to organizational facilities such as the Copyright Society keeps a better vigil of the use or monetization of a member’s copyrighted work throughout the country and collects royalties from those who use the registered work.

India being a member of international conventions, the copyright societies in India can collect royalties for the use of Indian works in other member countries through reciprocal agreements made with similar societies in such countries. Hence, it is beneficial for copyright owners to become a member of such a copyright society to ensure proper protection of their copyrighted work and to obtain the maximum benefit for their creations.

The authors of creative works may assign or licence a publisher to publish his work for royalty. This also leads to infringement of the work anywhere in India or abroad therefore it is extremely difficult for the owner of the work to prevent from such infringement.

To overcome such difficulty owners of Copyright works have formed Societies to licence their works for performance or communication to the public or issue copies of the work to the public. ‘Copyright Society’ means a society registered under Section33 (3) of the Copyright Act, 1956 which provides that the copyright society duly registered under the act can only conduct the business of issuing/granting licenses to the copyrighted work i.e., literary, dramatic, musical, or artistic works incorporated in cinematograph films or sound recordings.

This collective licensing is necessary for managing performance rights. And they should file an application with the Registrar of Copyrights on Form VIII.

Functions of copyright societies

The copyright Societies discharge the following functions:

1. It grants license of the Copyright in the work for reproduction, performance, or communication to the public.
2. It locates the infringement of the Copyright and initiates legal proceedings.

To regulate these activities of such copyright societies Sections 33 to 36A have been enacted under the Copyright Act 1956.

Evolution of copyright societies

Before the commencement of the Copyright (Amendment) Act, 1944, Section 33 to Section 36 used to deal with the performing rights societies. This society used to carry on the business of issuing or granting of licences for the performance of any work in which copyright subsisted in India.

However, power of such society was limited to the field of literary, dramatic, musical work. In 1994, after the commencement of the Copyright (Amendment) Act, 1994 performing rights societies was replaced by copyright societies in the said Act.

The reason behind the development of copyright societies

It has been usually observed that the authors of creative works are not business-minded, or interested in financial resources and are often prone to the exploitation of their work. For example, if an author has created an original piece of literary work, then the author might get a monetary benefit by reproducing copies of his work and selling them to the public at large.

However, this is only possible if the work is licensed to a publisher. It is also extremely difficult for the owner of the work to prevent infringement of the work.

At times, it has been also observed that they are unable to keep track of all the uses others make of their work. Therefore, to overcome such difficulties, owners of copyright works decided to form copyright societies to licence their works for performance or communication to the public. The societies are authorised to do such work based on payment.

Copyright societies in India

In India, now a copyright society is governed under the Copyright Act, of 1957. A copyright society is established by authors and copyright owners for the protection of their work from exploitation.  The minimum membership for the registration of a copyright society is seven. There are different kinds of societies assigned to different classes of work.

For example, a copyright society is especially dedicated to literary work. The registration granted to the copyright society is almost for 5 years. It can be renewed from time to time at the end of every five years through a request application. However, the acceptance of such a request will only be declared by the central government after analysing certain reports. There had also been an amendment to the Copyright Act in 2012.

For those copyright societies who had already registered themselves before this act came into existence, they will themselves get registered under this act within one year from the date of commencement of the Copyright (Amendment) Act, 2012.

Section 33 (3) of the Copyright Act, 1956 provides that the copyright society duly registered under the act can only conduct the business of issuing/granting licenses to the copyrighted work i.e., literary, dramatic, musical, or artistic works incorporated in cinematograph films or sound recordings. This collective licensing is necessary for managing performance rights. And they should file an application with the Registrar of Copyrights. The application should consist of:

• A true copy of the application that establishes or incorporates the Applicant.
• All members of the Governing Body of the Application have given their consent to serve as members of the Governing Body of the Application.
• A declaration setting down the Applicant’s aims, the entities through which it will operate, and accounting and auditing arrangements; and
• An undertaking that the instrument is constituted or incorporated requires it to comply with the provisions of the Act and these Rules.

The term period granted for registered copyright is for five years and can be renewed before the end of the term of five years by a request through the prescribed form and the central government will renew the registration after on the basis of the report from the Registrar of the Copyrights about the functions and duties performed by the copyright society as stated under section 36 of the Copyright Act, 1957.

The copyright society’s registration renewal is subject to the copyright society’s continued collective control being shared with the authors of works in their capacity as owners of copyright or the right to receive a royalty. Every copyright society that was already registered prior to the enactment of the Copyright (Amendment) Act, 2012, must be registered within one year of the enactment of the Copyright (Amendment) Act, 2012.

The Copyright societies are also authorized to watch out for infringement of the copyrighted work and take appropriate legal action against the infringers.

Currently active copyright societies in India

A copyright society is created to track and monitor the copyrighted works of its members and enforce the author’s rights in case of any violations.

It is difficult to keep a check on every individual or entity using a registered work. The process is tedious and time-consuming. A copyright society ensures security, enforcement of rights, and the successful and timely receipt of royalties to the authors of creative works. A copyright society provides optimum economic benefits to the original creators in the form of royalties or monetary benefits.

Copyright societies are registered in India under section 33, and there are three currently active copyright societies in India which are as follows;

• Indian Reprographic Rights Organisation (IRRO)

Indian Reprographic Rights Organisation is a copyright society founded in 2000 under Section 33 of the Copyright Act of 1957. It protects the rights of authors and publishers of literary works and is affiliated with international organizations such as IFRRO on a global scale. The Ministry of Human Resource Development, Government of India, has granted IRRO the exclusive right to begin and carry on the copyright business of “reprographic rights in the field of literary works” in India.

It is the sole licensing authority for issuing licenses to users of its members’ copyrighted works, collecting and distributing royalties on behalf of rights holders. IRRO’s mission is to work towards ensuring that the copyrights of authors, visual artists, and publishers are protected and to build a strong network that supports the economic and moral rights of creators and publishers.

• Indian Performing Rights Society (IPRS)

The IPRS was established on 23^rd August 1969. It is a representative body of music owners, namely composers, lyricists (or authors), and music publishers, and it is also the sole authorized body to issue licenses for the use of musical works in India.

Its mission is to legitimize the use of copyrighted musical works by issuing licenses and collecting royalties from Users for and on behalf of IPRS members, who are Authors, Composers, and Publishers of Music. After deducting IPRS’s administrative costs, the royalties collected are distributed to members.

• Phonographic Performance Limited India (PPL India)

Phonographic Performance Limited India, is a performance rights organization that licenses its member’s sound recordings for communication to the public in the areas of public performance and broadcast. It was founded in 1941. PPL owns and/or controls the Public Performance rights of over 400 music labels, representing over 4.5 million international and domestic sound recordings.

PPL India accounts for the lion’s share of total sound recordings in both international and domestic music. PPL India represents some of the world’s and India’s largest record labels, including Aditya Music, Lahari Music, Sony Music Entertainment, Speed Records, T-Series, Universal Music, and Warner Music, and is India’s largest and most respected public performance rights organization, both in terms of membership and revenue.

Provisions for the registration of copyright societies

The provisions for registration of copyright societies are stated in Section 33 of The Copyright Act, 1957. The Section states that no persons or body of persons or associations are permitted to carry on the business of issuing or granting of licenses for any work in which copyright subsists as mentioned in Section 13 of this Act.

However, those associations or bodies of persons or persons will be exempted from this provision who had registered themselves under Section 33 of this Act. The Section further states that the owner of any copyrighted work in his capacity will continue to have the power to grant licenses regarding his work with his/her obligation, if any, as a member of the registered copyright society.

According to this Section, any kind of business of issuing or granting license in respect to the aspect of literary, dramatic, musical, and artistic work incorporated in a cinematograph film or sound recording will only be carried out through a registered copyright society.

As we already know, before the copyright society, the performing rights society was deemed as a legal body to grant licences and its provisions were mentioned in Sections 33 to 36. With the onset of copyright societies, the performing rights societies under the former provisions of Section 33 will be deemed to be a copyright societies if such societies had registered themselves under the new Section 33 of the Copyright Act.

To register a copyright society under this Act, an application should be made to the registrar of copyright. The registrar will eventually forward the application to the Central Government. The central government will take a few considerations in order to grant registration. The conditions are:

• The interest of the authors and other owners of rights under the Act.
• Interest and convenience of the public.
• The interest of the class of persons who want to seek licences in respect of relevant rights.
• Capacity and professional competence of those who apply.

The central government usually does not register more than one copyright society for one class of work. If the central government feels that a copyright society is being managed detrimental to the interest of authors and other owners then they might cancel the registration of the copyright society. At times, the central government may suspend the registration of a copyright society during the pendency of an enquiry for a period of not exceeding one year.

Provisions regarding tariff scheme

As per Rule 14 J of the Copyright Rules, 1958, the Copyright Society shall frame a scheme of tariff to be called the ‘Tariff Scheme’.

It helps to set out the nature and quantum of fees or royalties which it purposes to collect in respect of such copyright or other rights administered by it within three months from the date on which it has become entitled to commence its copyright business. Tariff schemes help to get any sort of monetary benefit in the respect of any copyright or any such right administered by it. This scheme provides a transparent mechanism to all the stakeholders and licensees.

Under Indian law, the provisions for Tariff Scheme are stated in Section 33A of this Act. This Section states that every copyright society might publish its Tariff Scheme in a manner as prescribed in Copyright Rules, 2013. The Section further states that if any person is aggrieved by such a scheme, he/she may appeal to the appellate board.

After such an appeal, the board will hold an enquiry and if it feels necessary then might make orders to remove any unreasonable element. However, the aggrieved person must continue to pay to the copyright society until the appeal is decided. During an enquiry, the board might also fix an interim tariff and direct the parties accordingly.

Provisions relating to the power of copyright societies

The powers of copyright societies are mentioned in Section 34  of the Act. The Section states that:

• A copyright society might accept exclusive authorisation of any copyrighted work from the author and other owners of such rights. By accepting such exclusive authority, they issue licenses or collect the license fees or both.
• An author or any other owner of rights might withdraw search authorisation, without injuring any rights of the copyright society under any contract.

The copyright society might enter into an agreement with any foreign society or organisation administrating rights corresponding to rights under this act to entrusting to such a society in any foreign country the rights administered by the said copyright society in India and vice versa. However, such a society should not discriminate in regard to the terms of licence or distribution of fees collected between rights in India and other works.

The Section further states certain powers of copyright societies. The powers are:

• Any copyright society can issue a licence under Section 30.
• Such societies can collect fees regarding licenses.
• They can also distribute fees among authors or other owners, provided that they had kept the money for their expenses.
• They are also permitted to perform any other functions under Section 35.

Provisions regarding the control of copyright societies

According to Section 35, every copyright society is subjected to the collective control of the authors and other owners of rights, whose rights are being administered by the society. However, foreign societies are exempted from this control.

The manner in which the copyright societies are being controlled are:

• The copyright society needs to obtain the approval of authors and other owners of rights for the procedure of collection and distribution of fees.
• They also need to obtain approval from authors and other owners for the utilisation of any amounts collected as fees.
• They also need to provide full and detailed information to authors or other owners of rights regularly regarding all the activities about administration.

The Section further states that all the fees which are required to be distributed among the authors and other owners of rights must be distributed in proportion to the actual use of their works. Every copyright society must have a governing body with the members elected from the members of the society. Lastly, all the members of copyright societies must enjoy equal membership and should not be discriminated against.

Provisions regarding the submission of returns and reports

According to Section 36, every copyright society must submit reports or returns to the Registrar of Copyright. The Central Government can also appoint any officer who would be assigned to take and scrutinize all the reports of the copyright society.

Provisions regarding the rights and liabilities of performing rights society

As per Section 36A, the rights and liabilities of performing rights societies that had accrued on or before the day before the commencement of the Copyright (Amendment) Act, 2012, will not be affected by anything mentioned under chapter VII of the Copyright Act, 1957.

Confusion among certain provisions

There might be an ambiguity that arises in the mind of the people while reading Section 18  along with Section 30 and Section 33. Section 18 of the Act states that the owner or author of any work had the right to grant the copyright to any person of his/her choice.

On the other hand, the owners of copyright had the power to grant a licence under Section 30 of this Act. However, Section 33 creates a specific bar on any other person to grant a licence except those who are registered as a copyright society under this Act. The Act does not clarify this ambiguity in the statutes, thereby leading to confusion.

In the case of Event and Entertainment Management Association vs. Union of India and others, (2010), the Delhi High Court held that Novex Communication Pvt. Ltd. which is not a registered copyright society under Section 33 can continue to operate its business within the ambit of Section 18 and Section 30.

However, in the case of Leopold Cafe and Stores vs. Novex Communication Pvt. Ltd., (2014), the Bombay High Court banned Novex Communication Pvt ltd. and restricted its business to grant licenses. These two opposite judgments created confusion among the people. This issue of a conflict between the Sections had still not been addressed as such.

Case laws

1.     IPRS Limited vs. Hello FM Radio (Malar publications Limited).

Facts:
According to this case the Indian Performing Rights Society Limited (IPRS) secured an injunction from the Delhi High Court against Hello FM Radio (Malar Publications Limited).

The defendants were broadcasting the songs without obtaining licenses from the Indian Performing Rights Society Limited (IPRS).In this case IPRS wanted either Hello FM Radio (Malar Publications Limited) should obtain license or have to stop broadcasting the songs, or both.

Held:

In this case the Delhi High Court granted the injunction. By restricting Hello FM Radio from playing music without obtaining license from the Indian Performing Rights Limited (IPRS).

IPRS is a non-profit-making company authorized under section 33 of the Copyright Act 1957 to operate as a copyright society for ‘musical works’ and ‘literary works’ performed along with the ‘musical works’. IPRS has more than 1500 members who are local composers, lyric writers and publishers and also represents international music.

All users of music including radio stations, television stations need to obtain a ‘license for public performance’ whenever they broadcast or perform or play these literary and musical works, prior to the event or broadcast, if it is to avoid being in a violation of the Copyright Act, 1957. This order is a warning to other similar establishments operating without a license and violating copyright laws.

2.     Phonographic Performance Limited vs. Hotels.

In the past also Mumbai High Court directed hotels to pay towards copyright license fee for playing music in the new-year parties organized by them where an entry fee was charged. Phonographic Performance Ltd (PPL), a copyright society registered under the Copyrights Act, which took the hotels to court for failing to pay copyright license fees. PPL is the sole authority to administer the broadcasting, telecasting and public performance rights and to collect license fees on behalf of the music industry.

To turn the focus on the law; Copyright is a bundle of rights including inter alia rights of reproduction, communication to the public, adaptation and translation of the ‘work’. Work in copyright law corresponds to original literary, dramatic, musical & artistic works and also cinematograph films and sound recordings. The copyright law protects these rights but in cases of ‘fair deal’ provides for exceptions under which others can use the copyrighted protected work under authorization.

3.     M/s Phonographic Performance Ltd. vs. M/s Hotel Gold Regency & Others (MANU/DE/0942/2008).

Facts:

In this case the Delhi High Court decision has made the life of the Copyright owners and the Copyright Societies more complicated. As we know that the Copyright Societies in their capacity as licensees usually institute copyright infringement suits in their names on behalf of all their members who are actual copyright owners.

Held:
This judgment however has put an end to the practice by holding that as per the scheme of the Copyright Act, 1957. According to this judgment the Copyright Societies do not have any right to institute a suit for copyright infringement in their name and therefore only a copyright owner or an exclusive licensee can sue for copyright infringement.

The reasons given in the judgment revolve around a combination of various provisions of the Copyright Act namely Sections 33, 34, 54, 55 & 61. To start of with the judgment upholds the defendant’s contention that as per Section 55 only a copyright owner can institute a suit for infringement of his work. As per Section 54 the definition of copyright owner includes an exclusive licensee. Therefore, an exclusive licensee has the right to institute a suit.

While in the current case the plaintiff himself had stated that it was not an exclusive licensee the Delhi High Court has interpreted the law to hold that a copyright society can never be an exclusive licensee because of the proviso to Section 33(1) which states that “an owner of copyright shall, in his individual capacity, continue to have the right to grant licenses in respect of his own works consistent with his obligation as a member of the registered copyright society”.

Further, the Delhi High Court held that from a bare reading of Section 34 it was obvious that the legislature had vested the copyright societies with only rights of administration that included the right to issue licenses and collect royalties and distribute the earnings amongst owners.

The Court held that if in case there were disputes regarding the violation of these licenses issued by the society then in that case the copyright society would have the right to sue in its name since it was a contractual dispute and not a case of copyright infringement. Ultimately the Court ended up rejecting the plaint in this suit.

Comment:
This basically means that all pending suits filed by Copyright Societies are likely to be rejected in the Delhi High Court and because of this the Copyright Owners have to start the litigation on their individual name.

This judgment is definitely going to have quite an impact on the operation of copyright societies and we can expect to see several more rounds of litigation on this point.

4.     The Indian Performing Rights vs. Kolkata knight Riders.

Facts:

A suit on copyright violation against Kolkata Knight Riders (KKR) was filed on May 14th, 2008 by The Indian Performing Rights Society (IPRS). The allegation was about playing 14 popular Hindi film songs like “Om Shanti Om” during IPL matches at Eden Gardens without permission.

Held:

The Kolkata High Court refused the application for an injunction on the use of the songs and directed the parties to file affidavits. This matter is yet to be decided.

5.     Indian Performing Rights Society vs. Eastern India Motion Pictures Association & Others, AIR 1977 SC 1443.

In this case the Supreme Court held that the author/ composer of a lyrics or musical work and thereby permitted him to appropriate his work by incorporating or recording it on the sound track of a cinematograph film cannot restrain the owner of the film from causing the accosted portion of the film to be performed or projected or screened in public for profit or from making any record embodying the recording in any part of the sound track associated with the film by utilizing such sound track or from communicating or authorizing the communication of the film by radio diffusion as Section 14(1)(c) of the Copyright Act permits the owner of the Copyright of the cinematograph film to do all these things.

6.     Eastern India Motion Pictures vs. The Indian Performing Right Society, AIR 1978 Cal 477.

Facts:

When a Cinematograph film producer commissions a composer of music or a lyricist for valuable consideration for film or composing music or lyrics for that film, i.e.; the sounds for incorporation in the sound track, he becomes the first owner of the copyright therein’ No Copyright subsist in the composer of the lyrics or music so composed unless there is a contract to the contrary between the composer of the music and the film producer.

Held:
Following the decision of the Supreme Court in AIR 1977 SC 1443, the High Court allowed the appeal and the order under appeal was set aside.

7.     Radio Today Broadcasting Limited vs. Indian Performing Rights Society, 2007 (34) PTC 174 (CAL).

Facts:

Radio today broadcasting, the petitioner’s, plan to run a radio station through the F.M band with the name Radio Today. They applied for a license from the Central Government and also secured a provisional license. The petitioner’s intent is to play both film and non- film songs on this proposed station. The dispute arose due to the fact that Radio Today was not willing to pay royalties to the IPRS. And IPRS in turn threatened to bring a legal action for infringement of copyright.

Radio Today’s main contention was that once the song is composed and marketed through the producers, they were only required to seek permission from the Producer’s society only and not from IPRS as once the song was prepared and marketed, the complete product would attract royalties and the individual performers are entitled to such royalties.

The IPR’s told to Radio Today that if the station played the songs, it would amount to copyright violation. Alerted by the threats, Radio Today filed a lawsuit u/s 60 of the Copyright Act, 1957, which provides for remedies in the case of groundless threats of legal proceedings.

Held:
The Court held that IPRS was legitimately entitled to threaten the Plaintiff and they were also entitled to initiate proceedings by taking records to process of law to protect the interest of the members. Comment:
The moot question that is addressed whether Radio Today would be obliged to pay any royalty or license fee to IPRS. If the songs are broadcast through the radio station in addition to the license fees paid to the producers (PPL a society of producers).

8.     Indian Performing Rights Society vs. Debashish Patnaik and Another, 2007.

Facts:

In this case, Justice Geeta Mittal of the Delhi High Court while examining the claim of copyright infringement made by the IPRS against a hotel in Orissa, held that the defendants are liable for the infringement of copyright by communication of musical works of the plaintiff to the public in the hotel rooms in the defendant’s hotel without authorization of or permission from the IPR’s.

Held:
Even if the defendant stayed away from the judicial proceedings, a plaintiff could not be deprived of its claim for damages.
The Court decreed the suit in favour of IPRS, granting a sum of RS. 141788/- towards the actual compensatory damages and the sum of three lakh rupees as punitive damages, along with the interest of 10% a year on the amount from the date of decree till payment.

9.     Phonographic Performance Limited and Others vs. Music Broadcast Private Limited and Others [Bombay High Court].

Facts:

In this case, Phonographic Performance Limited filed an appeal in the High Court of Bombay to which the FM Radio companies filed a cross-appeal. For the first time, a court interpreted the Compulsory License Provision could be granted for the Copyrighted work. Differentiating between the thresholds for approaching the Copyright Board in Section 31 compliant.

Held:
In this case, the Court held that a reasonable royalty rate is only a criterion when entertaining a complaint for compulsory licensing relating to broadcasts. In respect of each other types of publication, the complainant had to establish that the work had been withheld from the public by virtue of the copyright owner’s refusal to grant a license.

Amendment in 2012

The Copyright Act has been amended five times including the amendment in 2012. The amendment is of vital importance because it created conformity with the international standards established by WIPO Copyright Treaty or known as WCT and WIPO Performances and Phonograms Treaty also known as WPPT.

This amendment also holds special importance regarding the copyright societies. Previously, the copyright society did not recognise the rights of the authors. This created several legal issues between the authors and the owners of rights along with the copyright societies.

However, with this amendment, the term ‘author’ was introduced in the provisions. The inclusion of the authors in the copyright society ensured that the governing body of every copyright society shall have an equal number of authors and owners for administration and there will be no discrimination between authors and owners of rights in the distribution of royalties.

The amendment also inserted the provisions for Tariff schemes and repealed the provisions for payment of remuneration by copyright society.

Conclusion

Copyright is very essential in today’s world. There are different copyright societies in India for different purposes. Copyright society plays an important role in the life of those authors and owners who have copyright on their work. Society helps such authors and owners in the field of business regarding earning monetary benefits. It also helps the authors and the owners to be associated with foreign societies.

The aim of the Copyright Societies is to collect the royalty and to take appropriate actions against any infringement in various copyrighted works. Thus, different Copyright Societies help copyright owners to make an association with foreign countries. Hence, the Copyright Societies play an important role in order to make Copyright owners associate with business people easily and earn money.

References:

• http://www.legalservicesindia.com/article/417/Copyright-Societies.html
• https://excelonip.com/india-copyright-societies-their-roles-2/
• https://www.mondaq.com/india/copyright/463106/copyright-society-under-the-copyright-act-1957
• https://blog.ipleaders.in/need-know-copyright-societies/?amp=1
• Narayanan, Intellectual property Law
• The functioning of Copyright Society under the Copyright Act 1957, ISSN 2581-5504

This article has been authored by Priya Raj a student at Mody University of Science and Technology.