What is a Copyright Society?
In today’s rapidly evolving digital age, protecting creative works and ensuring fair compensation for artists have become more critical than ever.
At the heart of this endeavor lies the notion of a copyright society.
But what exactly is a copyright society, and how does it impact the world of artistic expression?
This article will quench your thirst regarding these questions.
This informative article will provide you with a useful insight into the fundamental principles of copyright society, its role in safeguarding intellectual property rights, and how it facilitates the distribution of royalties to artists.
What is a Copyright Society?
A copyright society, also known as a collective management organisation (CMO), is an entity that operates on behalf of creators and copyright owners to manage and administer their rights.
It serves as a bridge between artists, composers, authors, and other creators, and those who wish to use their works for various purposes, such as reproduction, public performance, broadcasting, or online distribution.
Functions of Copyright Societies
Copyright societies carry out specific functions.
The operations of copyright societies stated above are governed by Sections 33 to 36A of the Copyright Act of 1956.
Evolution of Copyright Society
The concept of copyright societies has evolved over time.
Sections 33 to 36 of the statute, which originally dealt with performance rights societies, underwent revisions as a result of the Copyright (Amendment) Act of 1944.
These societies were responsible for granting licenses for the performance of copyrighted works in India, specifically in the fields of literature, drama, and music.
The phrase “performing rights societies” transformed into “copyright societies” when the Copyright (Amendment) Act was enacted in 1994.
This amendment expanded the scope of these societies, enabling them to handle various types of copyrighted works beyond just literature, drama, and music.
The role of copyright societies became broader, encompassing a wider range of creative works and granting licenses for their usage.
Why Copyright Societies were Created?
The development of copyright societies can be attributed to several reasons.
One of the key factors is the recognition that many creators, such as authors of creative works, may lack business acumen or the desire to handle financial matters related to their work.
Consequently, they often face the risk of exploitation.
For instance, an author who creates an original piece of literary work may desire to generate income by reproducing and selling copies of their work to the public.
However, the author must provide a publisher with a license in order for this to be accomplished.
Furthermore, preventing unauthorised use or infringement of the work can be challenging for the copyright owner.
Additionally, it can be overwhelming for rightful owners to keep track of all the various ways in which others may use their work.
To address these challenges, copyright owners decided to establish copyright societies.
These societies are authorised to license the works for public performance or communication, thereby enabling the owners to earn income from their creations.
In return for their services, the copyright societies receive payment.
Copyright Societies in India
The Copyright Act of 1957 regulates copyright societies in India.
These societies are formed by authors and other owners of copyrighted works.
To register a copyright society, a minimum of seven members is required.
Assigned to various classes of employment are several types of societies.
For example, there exist copyright societies that are exclusively focused on literary works.
The registration validity period for the abovementioned society is almost five years.
It can be revived from time to time at the end of each five-year term through a formal request.
However, the decision regarding the request is based on the analysis of specific reports conducted by the central government.
In 2012, an amendment was made to the Copyright Act.
Copyright societies that were already registered before the amendment had to register under the new law within one year of the Copyright (Amendment) Act of 2012 going into effect.
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Registered Copyright Societies in India
Currently, there are three active copyright societies registered in India under section 33.
These societies play a crucial role in tracking, monitoring, and enforcing the rights of their members’ copyrighted works.
They provide a centralised mechanism for managing and licensing the usage of these works, ensuring that the creators receive fair compensation in the form of royalties or monetary benefits.
Indian Reprographic Rights Organisation (IRRO)
The Indian Reprographic Rights Organisation (IRRO) is a copyright society that was established in 2000 under Section 33 of the Copyright Act of 1957.
It focuses on safeguarding the rights of authors and publishers of literary works. IRRO holds affiliations with international organisations like IFRRO, operating on a global scale.
The exclusive authority for starting and operating the copyright business of “reprographic rights in the field of literary works” in India belongs to IRRO.
They received this through the Indian government’s Ministry of Human Resource Development.
As the sole licensing authority, IRRO issues licenses to users seeking to utilise copyrighted works owned by its members.
Additionally, it collects and distributes royalties on behalf of the rights holders. IRRO is committed to the protection of the copyrights of authors, visual artists, and publishers.
Its mission is to establish a robust network that supports the economic and moral rights of creators and publishers.
Indian Performing Rights Society (IPRS)
IPRS was founded on August 23rd, 1969.
It serves as a collective management organisation representing music owners, including composers, lyricists (authors), and music publishers.
As the authorised body, IPRS holds the exclusive responsibility of granting licenses for the usage of musical works within India.
By granting licenses and obtaining payments from Users on behalf of IPRS members—musical authors, composers, and publishers—its goal is to formally sanction the use of copyrighted musical works.
The collected royalties are divided among the fellows of IPRS once administrative costs have been deducted
Phonographic Performance Limited India (PPL India)
PPL India is a performance rights organisation that specialises in licensing the sound recordings of its members for public communication, including public performances and broadcasts.
Established in 1941, PPL India has a significant presence in the music industry.
PPL India holds ownership and control over the public performance rights of more than 400 music labels, which collectively represent an extensive library of over 4.5 million international and domestic sound recordings.
With a vast repertoire of music, PPL India plays a pivotal role in the licensing and management of sound recordings, ensuring that appropriate permissions and royalties are obtained for public use.
PPL India proudly represents some of the largest record labels globally and in India. Notable members include Aditya Music, Lahari Music, Sony Music Entertainment, Speed Records, T-Series, Universal Music, and Warner Music.
As India’s largest and most highly esteemed public performance rights organisation, both in terms of membership and revenue.
Registration Rules of Copyright Society
The registration of these societies is outlined in Section 33 of the Indian Act of 1957.
According to this section, it is prohibited for any individual or organisation to issue or grant licenses for copyrighted works, as outlined in Section 13 of the Act.
Nevertheless, an exception is made for associations, groups, or individuals who have previously registered under Section 33 of the Act.
Additionally, the section explains that the copyright owner maintains the power to issue licenses for their work and fulfill any responsibilities as a member of a registered copyright society.
In line with Section 33, only registered copyright societies may issue or grant licenses relating to literary, dramatic, musical, and artistic works included in cinematograph films or sound recordings.
Previously, the authority to grant licenses was held by performing rights societies, as specified in Sections 33 to 36 of the Act.
The existing performing rights societies will be acknowledged as copyright societies with the establishment of copyright societies if they have registered under the amended Section 33 of the Act.
An application must be submitted to the Registrar of Copyright for the registration of copyright society.
The Central Government will receive this application from the registrar of the copyright office.
The Central Government will carefully review the application, taking various factors into consideration, before granting the registration.
These conditions include:
The central government avoids registering multiple copyright societies for the same class of work.
If the central government determines that the said society is being operated in a manner that is harmful to the interests of authors and other rights owners, it has the authority to revoke the society’s registration.
During an ongoing investigation, it is within the government’s power to suspend a society’s registration for up to 1 year.
Please read the original version of this article on the Bytescare Blog to learn more about it.