The Procedure for Registering Copyright Societies in India: Ensuring Rights and Remuneration

When a musician composes a song or an author writes a book, protecting that work from unauthorized use becomes an immediate concern. But enforcing copyright individually – against thousands of radio stations, streaming platforms, hotels, and event organizers – is practically impossible for most creators. This is precisely why copyright societies exist in India. Governed by Chapter VII of the Copyright Act, 1957, these societies act as collective management organizations that license works, collect royalties, and distribute earnings to rights holders on their behalf. But before a society can do any of this, it must go through a structured registration process mandated by law.

What is a copyright society? 🔗

A copyright society is a registered collective administration organization formed by authors and other owners of copyright, whose primary role is to manage and protect rights collectively. As defined under Section 33 of the Copyright Act, 1957, no person or association of persons is permitted to carry on the business of issuing or granting licenses in respect of any copyrighted work unless they are registered as a copyright society. The only exception is the individual copyright owner, who retains the right to grant licenses for their own works – but even this right must be exercised in a manner consistent with their obligations as a society member.

The law is clear: only a registered copyright society can issue licenses and collect royalties on behalf of multiple rights holders. This registration requirement was significantly strengthened by the Copyright (Amendment) Act, 2012, which overhauled transparency and governance standards for these organizations.

Who can apply for registration? 🔗

The threshold for forming a copyright society is set out plainly in the Act. Any group of seven or more authors or owners of copyright, formed for the purpose of carrying on the business of issuing or granting licenses in respect of any class of works, is eligible to apply. This minimum membership of seven ensures that a society represents a genuine collective rather than a narrow interest group.

Additionally, the Registrar of Copyrights does not grant registration automatically. The application is evaluated on the basis of the professional competence of the applicants, their ability to manage the society’s affairs, the interests of copyright owners broadly, and the convenience of the public – particularly those who are most likely to seek licenses under the relevant category of rights. This means the Registrar weighs both the capacity of the applicants and the benefit their society would bring to the larger ecosystem of copyright use.

Crucially, the law also prevents duplication of function. Ordinarily, only one society is registered to do business in respect of the same class of work. So, for instance, there can be one society for musical works, one for sound recordings, and so on. This prevents conflicting or overlapping jurisdictions that could confuse users or rights holders.

The registration procedure: step by step 🔗

The registration process for a copyright society is governed by Section 33 of the Copyright Act and the Copyright Rules, 2013. Here is how it works in practice.

Filing the application on Form VIII 🔗

The applicant group – comprising at least seven copyright owners – files an application with the Registrar of Copyrights using Form VIII. This form must be accompanied by several documents, each of which serves a specific governance purpose. These include a true copy of the instrument by which the association is established or incorporated, consent of all proposed members to serve on the Governing Body, a declaration setting out the objectives of the applicant and the mechanisms through which it will function (including accounting and auditing arrangements), and an undertaking confirming that the association’s structure conforms to the provisions of the Copyright Act and the Rules.

Evaluation by the Registrar 🔗

Once the application is received, the Registrar of Copyrights examines it thoroughly. As per Section 33(3) of the Act, registration is granted after considering factors such as the interest and convenience of the public, the interests of copyright owners, and the professional competence and ability of the applicants. The Central Government ultimately has the authority to register the society. The Registrar’s evaluation is not a formality – it is a substantive assessment of whether the applicant group is genuinely equipped to manage collective rights in the relevant category of works.

The requirement of a non-profit structure 🔗

A copyright society must be structured as a non-profit entity, typically registered as a Section 8 company under the Companies Act, 2013 (which governs companies incorporated for charitable or non-commercial objectives). This structural requirement ensures that the society’s primary goal remains the welfare of its members rather than profit generation. Central Government approval is also required before the society can formally begin operations.

Duration of registration and renewal 🔗

Registration is not permanent. A copyright society is registered for a period of five years and must apply for renewal before the expiry of this period. Renewal is done by filing an application on Form IX with the Registrar of Copyrights. The Central Government retains discretion over whether to renew the registration, and this decision is made after considering the Registrar’s report on the working of the society under Section 36 of the Act. This periodic review mechanism ensures ongoing accountability.

Post-registration functions and powers 🔗

Once registered, a copyright society is empowered to perform several core functions that collectively make up the day-to-day management of copyright in India.

Accepting authorizations and issuing licenses 🔗

Under Section 34 of the Copyright Act, a copyright society may accept exclusive authorization from an owner of rights to administer any right in any work – whether through issuing licenses, collecting fees, or both. Owners who grant this authorization retain the right to withdraw it at any time, though any existing contractual obligations with the society must still be honored. The society can also enter into agreements with foreign copyright organizations for reciprocal administration of rights across borders.

Publishing the tariff scheme 🔗

One of the most significant post-registration obligations is the publication of a tariff scheme. Introduced by Section 33A (inserted by the 2012 Amendment), every copyright society must publish its tariff scheme in the manner prescribed under the Copyright Rules, 2013. This scheme specifies the fees payable for different categories of use of the copyrighted works administered by the society. If any person finds the tariff scheme unreasonable, they can appeal to the appellate authority. During the pendency of an appeal, the aggrieved party must continue to make payments to the society, though the appellate board may fix an interim tariff in the meantime.

Collection and distribution of royalties 🔗

A central function of any copyright society is collecting license fees and distributing them as royalties to rights holders. Under Section 35, all fees distributed among owners of rights must be distributed in proportion to the actual use of their works – ensuring that creators receive fair remuneration based on how extensively their work is used. The society must also provide rights holders with regular, full, and detailed information about all its activities related to the administration of their rights. Before distributing fees, the society is permitted to make deductions toward administrative expenses, but these must remain reasonable and transparent.

Democratic control by authors and rights owners 🔗

The 2012 Amendment was particularly significant in ensuring that copyright societies are not captured by a narrow class of intermediaries. Section 35 mandates that every copyright society be subject to the collective control of the owners of rights it administers. The society must obtain approval from rights holders for its procedures of collection and distribution of fees, for the utilization of any amounts collected for purposes other than direct distribution, and must provide rights holders with complete information about its activities. Furthermore, the governing body must consist of an equal number of authors and owners of work, ensuring that creators – not just publishers or intermediaries – have a meaningful say in how the society operates.

Submission of returns and government oversight 🔗

Registered copyright societies operate under continuous government supervision. Under Section 36 of the Act, societies must submit annual returns to the Registrar of Copyrights detailing their operations, along with audited financial statements and records of royalty collection and distribution. Any officer authorized by the Central Government can call for reports and carry out inspections. If a society fails to comply with its obligations – including non-compliance with the tariff scheme provisions, Section 35, or Section 36 – the Central Government has the power to cancel or suspend its registration and appoint an administrator in its place.

Registered copyright societies in India 🔗

As of now, the following societies are registered and functioning in India under the framework of Section 33 of the Copyright Act:

The Indian Performing Right Society Limited (IPRS) administers rights in musical compositions and the accompanying literary works (lyrics). It represents composers, lyricists, and music publishers. The Phonographic Performance Limited (PPL) manages rights in sound recordings on behalf of music labels and producers. The Indian Reprographic Rights Organisation (IRRO), established in 2000, protects the rights of authors and publishers of literary works with respect to photocopying and other forms of reprographic reproduction. The Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) administers rights in cinematographic and television films. The Indian Singers Rights Association (ISRA), registered in 2013, protects the performers’ rights of singers.

Each of these societies operates within a distinct class of works, reflecting the principle that only one society should function per category to avoid overlapping jurisdictions and confusion for users seeking licenses.

Why this registration framework matters 🔗

The registration procedure for copyright societies is not bureaucratic red tape – it is the structural backbone that ensures creators are protected and users operate lawfully. Without registered societies, a radio station would need to individually negotiate licenses with hundreds of composers and lyricists before broadcasting a single song. With a registered society, it obtains one license and the fees are fairly distributed. The framework also gives creators democratic control over how their rights are managed, protects public interests by keeping tariffs reasonable and contestable, and ensures accountability through mandatory government oversight and annual reporting.

The Copyright (Amendment) Rules, 2021 further reinforced these principles by emphasizing mandatory disclosures, member-friendly operations, timely royalty payments, and stronger democratic control by author members – reflecting the government’s commitment to keeping this ecosystem fair and functional in the digital age.

What do you think? Given that only one copyright society is typically permitted per class of works, do you think this “one society per category” rule adequately prevents monopolistic behavior, or does it actually create one? And with the rapid growth of digital streaming platforms in India, should the registration and tariff-setting framework for copyright societies be updated to better address online use of copyrighted content?

References

1. https://www.indiacode.nic.in/bitstream/123456789/1367/5/a1957-14.pdf
2. https://copyright.gov.in/
3. https://www.wipo.int/wipolex/en/text/342028
4. https://selvams.com/india/copyrights/copyright-societies-registration/
5. https://mytrademarkguide.com/copyright-societies-in-india/
6. https://www.mondaq.com/india/copyright/463106/copyright-society-under-the-copyright-act-1957