Copyright Act, 1957
33. Registration of copyright society-
(1) 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):
Provided that an owner of copyright shall, in
this individual capacity, continue to have the right to grant licenses in
respect of his own works consistent with his obligations as a member of the
registered copyright society.
Provided further that a performing rights
society functioning in accordance with the provisions of Section 33 on the date
immediately before the coming into force of the Copyright (Amendment) Act, 1994
shall be deemed to be a copyright society for the purposes of this Chapter and
every such society shall get itself registered within a period one year from
the date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons which fulfils
such conditions as may be prescribed may apply for permission to do the
business specified in sub section (1) to the Registrar of Copyrights who shall
submit the application to the Central Government.
(3) The Central Government may, having regard
to the interest of the authors and other owner of rights under this Act, the
interest and convenience of the public and in particular of the groups of
persons who are most likely to seek licenses in applicants, register such
association of persons as a copyright society to such conditions as may be
prescribed.
Provided that the Central Government shall not
ordinarily register more than one copyright society to do business in respect
of the same class of works.
(4) The Central Government may, if it is
satisfied that a copyright society is being managed in a manner detrimental to
the interest of the owners of rights concerned, cancel the registration of such
society after such inquiry as may be prescribed.
(5) If the Central Government is of the
opinion that in the interest of the owners of rights concerned, it is necessary
so to do, it may, by order, suspend the registration of such society pending
inquiry for such period not exceeding one year as may be specified in such
order under sub section (4) and that Government shall appoint and administrator
to discharge the functions of the copyright society.