Introduction

Copyright refers to the legal or the exclusive right given to the owner for a certain term of years authors, composers of intellectual property. In layman terms, it refers to the right to copy. In other words, the inventor or creator of product and anyone authorized by them has an exclusive right to reproduce the work. The objective with which the legal right of the owner of intellectual property in copyright has come into existence has changed over the years. Prior to the modern age, the copyright was only limited to the protection of literary and artistic work. Copyright mainly protect the rights of artistic works such as poetry, novels, movies, songs, computer software, and architecture, and original work of authors like literary, dramatic and musical work.

Meaning of Copyright Society

A “Copyright Society” is a certified collective legislative society which safeguards as well as administers the original work of authors and artists. The Copyright Society also protects the rights of the original workers and the real owners of such works. The Copyright Societies gives an assurance to the innovative authors of economic management of their works.

When any artist invents something new and creative then, he/ she wishes that his/ her creation should be protected so that any one cannot make use of his/ her creation for monetary benefits. The creator’s right can be protected by granting a license from a Copyright Society so that the creator may earn as a royalty from public.

Copyright Societies in India

  • 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 that is for photocopying works.

The Indian Performing Right Society Limited (IPRS) and Phonographic Performance Limited (PPL) are the Copyright Societies of India which are registered under section 33 of The Copyright Act, 1957. IPRS came into being on 23rd August, 1969 and got register as a copyright society in 1996 whereas PPL was established in 1936 then, came into existence on 1941 but got registered as copyright society on 1957. The aim of IPRS is to administer and issue license for works related to music and PPL decided to protect and administer public performance and broadcasting rights.

Need of Copyright Society

Copyright Society is essentially required to protect the right of copyright owners, performers, purchaser or buyer who all are registered under The Copyright Act, 1957. Keeping measures with International treaties requires for the establishment of Copyright Society. We need Copyright Society as it is govern under the authorities as well as remains one of the most uncomplicated and dependent means for compiling and assigning royalties to the owners who has right for the use of their protected works. It is required mostly in the field of music and books.

Operations of Copyright Societies

“The Copyright societies are also authorized to watch out for infringement of the copyright and take appropriate legal action against the infringers”[1].

The main functions of the Copyright Societies are to grant license of the copyright in the work of reproduction, performance or communication to public, to observe where the infringement of copyright is done also what legal proceedings will apply for such infringement, checking use of works and gathering of earning funds, assigning of earning funds as royalties to the members, entering into mutual arrangements with foreign collecting societies to gather and allocate the royalties earned by the local right holders in external or overseas. The Part VII of Copyright Act, 1957 is mainly to govern and protect such functions. The other functions of Copyright Societies are –

  • Meetings;
  • Accounts and audits;
  • Annual general meeting of owner of rights;
  • Returns to be filed with the registrar of copies.

Part VII consisting from Section 33 to Section 36A of Copyright Act, 1957 states all the details about Copyright Society. This part covers the registration, administration of rights of owners, payment of remuneration, submission of return and reports, rights and liabilities of copyright societies.

Statutory Provisions

Registration of a Copyright Society

Section 33 of The Copyright Act, 1957 states that,

“No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licenses in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub section (3)”[2]

This means that when any person or corporation gets register itself for a copyright of the work they are doing from a Copyright Society then, any other corporation cannot perform that work. Section 33 of the Act also states that there cannot be more than one copyright society for one type of business. Every Copyright Society should get register within one year from the date of commencement of The Copyright (amended) Act, 1994. The Act also says about the group of people who are interested in granting license as it allows some group of people who can do this business. The minimum membership required for registration is seven. The Central Government inquires about a Copyright Society and satisfies that such Copyright Society is detrimental to the interests of owner if rights concerned than Central Government cancels the registration of such society or may pass order of suspending the registration for tenure of one year and also discharges functions by appointing an administrator.

Regarding Remuneration

Section 34 of the Act says about the administration of right of owner in any work to issue license by the Copyright Society. Owner has a right to withdraw without any preconceived opinion to the rights of Copyright Society. Copyright Society can also enter into foreign society agreements managing rights corresponding to rights of Copyright Society. Whereas Section 34A says that the Copyright Society shall frame a scheme for discovering the amount of remuneration payable to individual copyright owners with regards to number of copies of work in movement.

Tariff scheme is setting out of the nature and amount of royalty which society advances to collect in respect of copyright. Distribution scheme says about the procedure for collection and issuance of fees or royalty mentioned in tariff scheme. Both should not be behind than three months.

Procedure for collection of fees

Section 35 of the Act says about the owner of rights where every Copyright Society obtains approval for the procedure of collection and allocation of fees, utilization of fees collected, providing owner full and detailed information about the activities.

Controversies related to Copyright Societies

One of the biggest controversies held between IPRS and PPL was about the legitimacy of both. The Copyright Act was amended in 2012 and Section 3A was inserted on 21st June, 2012 in Section 33 with a proviso stating “every copyright society already registered before the coming into force of the copyright (amendment) Act, 2012 shall get itself registered under this chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012”[3].  A month before the expiration of a granted period IPRS and PPL filed an application for a re- registration that is on 8th may, 2013 and 10th may, 2013 but then, IPRS on 2nd June, 2013 and PPL on 20 may, 2014 withdrawn their application. Thus, due to failure of re- registration both IPRS and PPL were disqualified from being a Copyright Society as they were not under the conditions of Section 33 of “The Copyright Act, 1957”.  

The main reason for their withdrawal was the amendment of 2012 where ‘owners of the right’ was replaced by ‘authors and other owners of the right’ which means that under section 33(4) and 33(5) government can interfere in the functioning of the Copyright Society. The amendment also said that the number of authors and owners of work will be in equal number. Both will have equal rights and there will not be any discrimination in distribution of royalty. Presently, IPRS and PPL are not considered as registered copyright society.

Case laws

 “Phonographic Performance Ltd. V. Hotel Gold Regency & Ors.”[4], is one of the important case law as it covers many controversies.

Facts:

In this case the Delhi High Court made decision related to Copyright owners and Copyright Societies which made their life little difficult as earlier Copyright Societies as licensee usually files Copyright infringement suits in their names in the behalf of the actual copyright owners who are the real culprits.

Held:

As per ‘The Copyright Act, 1957’, there is no right to use their name as infringer’s on any other’s behalf. The reasons given in the judgment are revolving around Section 33, 34, 54, 55 and 61. The defendant contended about section 55 that only copyright owner can institute a suit where as section 54 defines that copyright owner can only issue a license not file a suit on his name. In the current case plaintiff himself said that he was not an exclusive license for Delhi High Court stated that Copyright Society cannot be a licensee. Therefore, licensee has a right to file a suit.

“M/S Leopold Cafe & Stores & Anr. VS Novex Communication Pvt. Ltd”[5]

Facts:

This case had one of the biggest controversies about the registration of Copyright Society where the ambiguity between Section 30 and 33 of the Copyright Act was resolved. In India it is compulsory for commercial premises to take license to play music in the premise of the creation. Such licenses are allotted and issued in the Copyright Society namely, Phonographic Performers Ltd. (PPL) under Section 30 of Copyright Act. When any owner of any commercial premise wants to play a song in restaurant, hospital or in any public place to earn financially then, license is required to the owner.

Held:

Therefore, Court interpreted that Section 30 of the Act talks about the permission given to the owner of the work or the agent authorized to issue license whereas, Section 33 talks exclusive right to deal in business of granting and issuing license.

“Eastern Indian Motion Pictures v. The Indian Performing Right Society”[6]

Facts:

There was a producer of cinematographic film who commissioned a valuable amount to composer or a lyricist for composing music in his film then, a producer becomes the first owner of the copyright. So, no copyright persist until or unless any contract is signed between music composer and film producer in contrast.

Held: The case was set aside and said under Section 14(1)(c) of the Copyright Act, film producer has right to do all such things.

Conclusion

Not only in India there are many Copyright Societies in all over the world. Also, there are various other controversies in copyright societies regarding registration, licensing, ownership rights, etc. The main aim of the copyright society is to collect royalties and take various measures against the person who contravenes according to the various copyright works. This creates many disputes and puts a negative light on Copyright Societies. Copyright Societies helps to copyright owners to club with foreign Copyright Societies of various countries. Thus, Copyright Societies plays a major role in copyright owner’s life as it helps them in associating in business and in earning lot of money.


[1] Copyright societies, available at:http://www.legalservicesindia.com/article/417/Copyright-Societies.html (Visited on May 24, 2020).

[2] The Copyright Act, 1957.

[3] The Copyright Act, 1957.

[4] Phonographic Performance Ltd. V. Hotel Gold Regency & Ors, 2008 (37) PTC 587 (Del.).

[5] M/S Leopold Cafe & Stores & Anr. VS Novex Communication Pvt. Ltd, 2014(6)BomCR394.

[6] Eastern Indian Motion Pictures v. The Indian Performing Right Society, AIR 1978 Cal 477.


About the Author: This Legal Article is prepared by Ms. Mahima Jain, law student at Prestige Institute of Management & Research, Indore and was an intern at MyLawman. She can be reached at mahimajain2484@gmail.com. 

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