The Copyright Rules 2013

The Copyright Rules 2013 was made by Central Government in supersession of Copyright Rules 1958 and shall come into force as on the date notified in the Official Gazette.

Rule 2 states about different definitions used under the new Rules. Chapter 2 deals with copyright board wherein terms and conditions of office of chairman and members of board is explained in detail under Rule 3. Relinquishment of copyright by the author can be done after giving notice to Registrar of copyrights is explained in Chapter 3 under Rule 4. Chapter 4 states about compulsory licences in works with-held from public application for licence for such works, notice of application, determining manner of compensation, extension of period of licence, cancellation of licences. Chapter 5 states about compulsory licence to public, the work and application for licence, extension of period of licence, determining royalties, cancellation of licence, termination of licence, notice in case of death.

Compulsory licence for benefit of the disabled has been explained under chapter 6 under Rules 17, 18, 19, 20, 21 and 22.  Statutory licence for cover versions are discussed under Chapter 7 under Rule 23 wherein it states about notice for making cover versions, conditions that has to be followed when making such cover versions, notice for maintaining additional copies, maintain the record, determining the royalties, complaints with regard to non-payments of royalties. Statutory licence for broadcasting of literary and musical works and sound recording is discussed in Chapter 8 under Rule 29 regarding notice to owner for communication to public of literary and musical works and sound recording, maintaining of records, manner of determining royalties. Licences for translations are discussed in Chapter 9 under Rule 32 about its application for licence, notice of application of such licenses, consideration of the application by Board, determining royalties by Board, extension of period of licenses by Board, cancellation of licence by Board.

Rules 38 of chapter 10 explains about licence for publication, translation and re-production of work where application for such licence, notice of such application, determining royalties, extension of period of licence, cancellation and notice of termination of licence is explained.

Chapter 11 states about copyright societies and conditions for submission of application for such society is explained under Rule 44, membership of the society, condition to grant permission, application for re-registration, documents that are to be submitted with application, conditions to be fulfilled for registration of such society, inquiry orders, suspension of registration and appointment of administrator, procedure to hold inquiry, power and function of administrator and cancellation of such society are explained. Different tariff schemes are explained under Rule 56 which indicate the separate rate for different categories of users, media, individuals, duration of use and territory etc.

Appeal to the board relating to tariff scheme can be made. Distribution scheme for setting out the procedure for distribution of royalties stated in Tariff scheme.  Management of copyright society, approval of schemes by copyright society, meeting of such society are defined in detail under the Rules.  Documents that are to be presented in Annual General body meeting is explained under Rule 62.  Records must be maintained by copyright societies, returns must be file by copyright society with Registrar of copyrights. There is code of conduct for such societies explained under Rule 66 and also a welfare fund of the society will be framed.

Chapter 12 states about Performers’ Society their registration and management.  Under Chapter 13 registration of copyright is explained regarding its form, application, correction, and rectification of entries to register the copyrights. Index, inspection of register, copies and extracts of copyrights and indexes are also included.  Chapter 14 states about complaints and storage of transient copies of works.

Chapter 15 explains about adapting the work by organisations working for benefit of persons with disabilities its maintenance of records, appropriate notice in the copies of work should be given, organisation working for persons with disabilities can engage third party as its agent to undertake any activity.  Importation of infringing copies are explained under Chapter 16 in Rule 79. Technological protection measures and maintaining of such records is explained under Rule 80.  Mode of making applications, mode of communication by copyright board, fees payable under the Act, right of audience, costs are also explained in detail.  The Copyright Rules, 1958 has been repealed without prejudice to anything done under the said rules.

by Sushma Javare.