A NOTE ON COPYRIGHT SOCIETIES – Part 1
We all know how music plays a huge
role in many of our lives. For some the day starts with music and ends with
music; parties and events cannot happen without music. Therefore, it’s important to know how to
enjoy the music hassle-free without getting into trouble by obtaining proper
licenses from the appropriate copyright societies.
According to the Copyright Act,
before using recorded music in public it is necessary to obtain the licenses
from each and every right owner in the recording. Failing to obtain a license
would result in a cognizable and non-bailable offense with huge penalties,
which can extend up to 3 years and 2 lakhs respectively under Section 51 and
Section 63 of the Copyright Act. Hence, it becomes important to procure the
appropriate license from either the duly registered copyright society or the individual
owner of the copyright.
What is a copyright society?
According to Section 2(ffd) of
the copyright Act, “copyright society” means a society registered under
sub-section (3) of section 33;]
According to Sec 33 of
the Copyright Act 1957
o
a
copyright Society is formed by authors and owners
o
It
requires a minimum of seven members for its formation
o
Only
one society can be registered to do business in respect of the same class of
works
o
Grant
of licenses for any dramatic, artistic, musical, or literary work incorporated
in cinematic or sound recording form should be carried out only through a
copyright society duly registered under this act.
o
The
period for registration granted to a copyright society is five years and it can
be renewed before the expiry of this period or at the end of it.
Functions of Copyright
Society?
o Copyright Societies
are formed to collectively administer the works of the copyright owners as it
is not practically possible for every author or owner to keep a track of all
the uses of their work.
o They keep the work under better vigilance
o They collect
royalties for the usage of the work
o The Indian copyright
societies have a chance to collaborate with foreign societies and this
facilitates the collection of royalties for usage of the work in those
countries as well.
It is, therefore, in the interest of copyright owners to join copyright societies to get maximum
economic benefit of their works.
The business of issuing or
granting license in respect of literary, dramatic, musical, and artistic works
incorporated in cinematograph films or sound recordings shall be carried out
only through a copyright society duly registered under this Act.
COPYRIGHT SOCIETIES IN INDIA
According to the website of Copyright Office of India, following are the existing copyright societies in India:
- For musical works: The Indian
Performing Right Society Limited (IPRS)
- For sound recording: Phonographic
Performance Limited (PPL)
- For reprographic (photocopying)
works: Indian Reprographic Rights Organization (IRRO)
- For Cinematograph and television films-Society
for Copyright Regulation of Indian Producers of Films and Television (SCRIPT)
- For performers (Singers) Rights: Indian
Singers Rights Association
In the next part of the post we can look into the working of these copyright societies.
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