8
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
- Chapter within a period of one year from the date of commencement of the Copyright (Amendment) Act, 2012.”;
- (iii) in sub-sections (4) and (5), for the words “owners of rights”, the words “authors and other owners of right” shall be substituted;
- (iv) in sub-section (5), after the word “concerned” the words “or for non-compliance of sections 33A, sub-section (3) of section 35 and section 36 or any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it” shall be inserted.
Insertion of new section 33A. 20. After section 33 of the principal Act, the following section shall be inserted, namely:
- “Tariff Scheme by copyright societies.33A. (1) Every copyright society shall publish its tariff scheme in such manner as may be prescribed.
- (2) Any person who is aggrieved by the tariff scheme may appeal to the Copyright Board and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:
- Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the Copyright Board and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal:
- Provided further that the Copyright Board may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal.”.
Amendment of section 34. 21. In section 34 of the principal Act, for the words “owner of rights”, wherever they occur, the words “author and other owners of right” shall be substituted.
Omission of section 34A. 22. Section 34A of the principal Act shall be omitted.
Amendment of section 35. 23. In section 35 of the principal Act and its marginal heading,—
- (a) for the words “owners of rights”, wherever they occur, the words “author and other owners of right” shall be substituted;
- (b) after sub-section (2), the following sub-sections shall be inserted, namely:—
- (3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.
- (4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties.
Amendment of section 36A. 24. In section 36A of the principal Act,—
- (a) for the words “performing rights society”, the words “copyright society” shall be substituted;
- (b) for the words, brackets and figures “the Copyright (Amendment) Act, 199438 of 1994.”, the words, brackets and figures “the Copyright (Amendment) Act, 2012” shall be substituted.
Amendment of section 37. 25. In section 37 of the principal Act, in sub-section (3), for clause (e), the following clause shall be substituted, namely:—
- “(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d).”.
