What is copyright society?

A copyright society comprises authors and owners of copyright that collectively administers copyrights and proper management and protection of copyrights. In other words, copyright societies can be referred to as a legal body whose object is to protect or safeguard owners' interests of the work in which copyright subsists. In India, copyright societies are governed by the Copyright Act, 1957 (“Act”).

Copyright societies are formed to administer the work to protect its copyright collectively. These societies are formed and managed by authors and owners of such work. The primary function of a copyright society includes:

• Granting a license for the reproduction or performance of the original work.
• Issuing copies to the public.
• Identify infringement.
• Initiating legal proceedings, if required.

The Indian Performing Rights Society (IPRS), Indian Reprographic Rights Organization (IRRO), and Indian Singers Rights Association (ISRO) are the only registered copyright societies in India.

Copyright Society under the Act

Chapter VII, Section 33 to 36 of the Act governs the provisions regarding a copyright society in India. As per the Act, a copyright society is a collective society formed by authors/owners or creators of other work and is registered under Section 33 of the Act. To form a society, a minimum of 7 members are required, and generally, each society is registered to carry on business only in respect of a particular kind of work. 

Registration of a Copyright Society under the Act

Section 33 of the Act states that any group of persons, consisting of 7 or more authors or owners of copyright (‘Applicant’) may file an application with the Registrar of Copyrights in Form VIII for issuing or granting licenses in respect of any class of works for which it is registered.

All applications made to the Registrar should be accompanied by the following:

• A true copy of the application by which the Applicant is established/incorporated;
• Consent of all members to act as members of the governing body;
• Declaration containing the objectives of the Applicant, the bodies through which it will function and accounting and auditing methods adopted; and
• An undertaking stating that the Applicant shall comply with the provisions of the Act and the rules framed thereunder.

Upon receipt of the application, the Registrar examines it. Thereafter, forward the application to the Central Government for its approval. In approving the application, the Central Government considers the following factors: 

1. The interests of the applicants’ rights under the Act;
2. Interest and convenience of the public;
3. The interests of the class of persons who want to seek licenses in respect of these rights; and
4. Capacity and professional competence of the Applicant.

Once registration is granted, the same is valid for 5 years and renewed thereafter in Form IX. However, such renewal is at the discretion of the Central Government. 

Other provisions in respect of a Copyright Society under the Act

Provisions regarding Tariff Scheme: 

• Section 33 A of the Act states that each copyright society must publish its tariff scheme as prescribed under the rules. The section further provides that any person aggrieved by such a scheme may appeal to the appellate board established under the Act. 


• Provisions regarding powers of the Copyright Society: 
  The copyright society has inter alia the following powers as per Section 34 of the Act: 
  
  1. Power to obtain exclusive authorization in respect of work by issuing licenses and/or collecting license fees; 
  2. Power to issue licenses as per Section 30 of the Act; 
  3. Power to collect fees; and
  4. Power to distribute fees among members.  
   
• Provisions regarding control of the Copyright Society:
  As per Section 35, every copyright society is subject to the collective control of the authors and other owners of rights, whose rights are being administered by the society.
   
• Provisions regarding submission of reports and returns:
  Each Copyright Society requires submitting reports or returns to the Registrar of Copyright as per Section 36 of the Act. 

Provisions for copyright societies were introduced by the Copyright Amendment Act of 1994 and the Copyright Amendment Act of 2012. Insertion of these provisions has immensely benefitted the lives of the authors and owners who have copyrighted their work.