A copyright society is a group that typically consists of writers and other people who possess the intellectual property rights to certain works, and where copyrights are properly managed and protected. The Copyright Society shall be registered. On behalf of the owner, a copyright society’s main duties include supervising and regulating the granting of licenses and the collection of royalties related to works. The Indian Copyright Act prohibits anyone or any organization from carrying out the aforementioned activity unless it has registered as a society. However, this does not prevent the owner, acting in his capacity, from carrying out the aforementioned function. The Indian Performing Rights Society, Indian Reprographic Rights Organization, and Indian Singers Rights Association are the registered copyright societies in India. In this article, we will discuss Copyright Society Registration.

What is Copyright Society Registration?

A legal organization known as a copyright society is one whose goal is to defend or uphold the rights of the creators of works in which copyright is present. A copyright society’s duties include granting permission to use an original work’s copyright for reproduction, performance, and distribution of copies to the public, identifying copyright infringement, and if necessary, starting legal action.

Conditions for Copyright Society Registration Application Submission

The following are the few conditions for Copyright Society Registration:

1. To carry out the task of granting licenses relating to rights or sets of rights in specific categories of works, any group of people with an autonomous legal status who are supported by seven or more authors and other copyright owners (referred to as “the applicant”) may file with RoC an application in Form VIII for submission to the Central Government in order to obtain authorization to conduct such business affairs and for its registration as a co.

• In accordance with section 33’s subsection (3A), the Central Government may grant Copyright Society Registration for a period of five years.
• A request for society registration pursuant to rule 44, subdivision (1), shall be accompanied by the signatures of the Chairman, all other serving members of the Governing Council, including an equal number of authors and other right holders, if any, elected from the Society’s members, and the Chief Executive Officer (CEO) of the applicant (who need not be a member).
• Only a copyright society functioning under Section 33 of the Act may conduct business connected to the award of licenses for dramatic, literary, artistic, and musical works included in sound recordings or cinematograph films.

Procedure

The following are the procedure for Copyright Society Registration:

Any group of people formed for the purpose of conducting business issuing or granting licenses in respect of any class of works for which it is registered, consisting of seven or more authors or owners of copyright (hereinafter referred to as “Applicant”), may submit an application on Form VIII to the Registrar of Copyrights.

Each application must be submitted with:

• A genuine copy of the application used to incorporate or establish the applicant.
• The agreement of each member included in the application to serve as a member of the application’s governing body.
• A statement outlining the applicant’s goals, the organizations it will work with, and the arrangements for accounting and auditing.
• An assurance that the instrument is constituted or incorporated calls for compliance with the Act’s and these Rules’ provisions.

A Copyright Society’s Registration is valid for five (5) years, but it may be renewed on occasion before that time by submitting an application on Form IX to the Registrar of Copyrights. However, the Central Government has the power to decide whether to renew the registration. This decision is made after taking into account the Registrar of Copyrights’ report on how the copyright society is operating in accordance with Section 36.

Conditions for cancelation of Copyright Society Registration 

The following are the conditions for the cancelation of the Copyright Society Registration:

• The Society did not coordinate with the investigation official.
• The complaints against Society are deemed to be valid.
• The member’s interests are being hurt by how the copyright society is being handled;
• Society consistently fails to adequately carry out its mission.
• The Society did not distribute the royalties in line with the plan.
• The Copyright Society consistently neglects to maintain its account in an appropriate manner.
• The Society uses its funding in ways that go beyond what is specified in the agreement^[1].

The registered Society hasn’t made sure that-

• Section 33A of the Act, which deals with the Society’s publishing of the Tariff Scheme;
• Rule 44’s citation of Section 35’s Subsection 3 about the Governing Council’s equitable representation of writers and other copyright holders;
• Section 36 of the Act, which deals with reports and returns that copyright societies send to the RoC;
• The process for obtaining the approval of writers and other owners of rights to accumulate and distribute royalties;
• In relation to a right or combination of rights in a certain regime of works for which it is not registered, the Society is issuing a license.

Conclusion 

In the modern world, copyright is absolutely necessary. In India, various Copyright Societies exist for various reasons. The Copyright Society Registration is crucial to the lives of authors and owners who have copyright protection for their creations. Society supports such writers and business entrepreneurs in their efforts to profit financially. Being affiliated with foreign societies is also beneficial to the authors and the owners. For authors and owners who have obtained copyright protection for their works, the Copyright Society Registration plays a crucial role. Such people receive assistance from society in the commercial world so they can profit financially. Additionally, it makes it possible for these people to interact with other cultures. Seek professional advice for Copyright Society Registration. You can also contact Bizadvisors.io for more information.

Read our article:A Complete Process of Website Copyright Registration in India