Chapters & Sections

CHAPTER 1
Rule 1 Rule 2
CHAPTER 2
Rule 3
CHAPTER 3
Rule 4 Rule 5
CHAPTER 4
Rule 6 Rule 7 Rule 8 Rule 9 Rule 10
CHAPTER 5
Rule 11 Rule 12 Rule 13 Rule 14 Rule 15 Rule 16
CHAPTER 6
Rule 17 Rule 18 Rule 19 Rule 20 Rule 21 Rule 22
CHAPTER 7
Rule 23 Rule 24 Rule 25 Rule 26 Rule 27 Rule 28
CHAPTER 8
Rule 29 Rule 30 Rule 31
CHAPTER 9
Rule 32 Rule 33 Rule 34 Rule 35 Rule 36 Rule 37
CHAPTER 10
Rule 38 Rule 39 Rule 40 Rule 41 Rule 42 Rule 43
CHAPTER 11
Rule 44 Rule 45 Rule 46 Rule 47 Rule 48 Rule 49 Rule 50 Rule 51 Rule 52 Rule 53 Rule 54 Rule 55 Rule 56 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61 Rule 62 Rule 63 Rule 64 Rule 65 Rule 65A Rule 66 Rule 67
CHAPTER 12
Rule 68
CHAPTER 13
Rule 69 Rule 70 Rule 71 Rule 72 Rule 73 Rule 74
CHAPTER 14
Rule 75
CHAPTER 15
Rule 76 Rule 77 Rule 78
CHAPTER 16
Rule 79 Rule 80
CHAPTER 17
Rule 81 Rule 82 Rule 83 Rule 84 Rule 85 Rule 86
THE FIRST SCHEDULE
Form-1 Form-2 Form-3 Form-4 Form-5 Form-6 Form-7 Form-8 Form-9 Form-10 Form-11 Form-12 Form-13 Form-14 Form-15 Form-16
THE SECOND SCHEDULE
The Second Schedule

CHAPTER 8 Home

STATUTORY LICENCE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS AND SOUND RECORDINGS
RULE 31. MANNER OF DETERMINING ROYALTIES

(1) The Board shall 2[***] either suo motu or on receipt of a request from any interested person, give public notice of its intention to fix royalties for communication to the public of literary or musical works and sound recordings under section 31D and may invite suggestions for determining the same. Such notice shall be given separately for radio and television broadcasting.

(2) The notice under sub-rule (1) shall be published by the Board in the 3[journal] and shall be re-published in two daily newspapers having circulation in the major part of the country and shall be posted on the website of the Copyright Office and the Board.

(3) Any owner of copyright or any broadcasting organisation or any other interested person may, within thirty days from the date of publication of 4[such notice] under sub-rule (1), give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works and different formats.

(4) The Board shall, after giving an opportunity of being heard to the persons who made relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.

(5) The Board shall, within a period of two months from the last date of receipt of suggestions, determine separate rates of royalty to be paid to the owners of literary or musical works and sound recordings for radio and television broadcasting respectively.

(6) The Board shall determine the royalties payable to the owner of the copyright under sub-section (2) of section 31D for radio and television broadcast separately.

(7) The Board, while determining royalty, shall take into consideration the following factors, namely:—

  1. time slot in which the broadcast takes place and different rates for different time slot including repeat broadcast;
  2. different rates for different class of works;
  3. different rates for different nature of use of work;
  4. the prevailing standards of royalties with regard to such works;
  5. the terms and conditions included in the Grant of Permission Agreement (GOPA) between Ministry of Information and Broadcasting and the broadcaster for Operating Frequency Modulation (FM) Radio Broadcasting Service; and
  6. such other matters as may be considered relevant by the Board.

(8) The Board, while determining the payment of royalties under sub-rule (5), shall take into consideration the following factors, namely:—

  1. works included in the scheduled programmes;
  2. works newly published and not included in the scheduled programme;
  3. works communicated to the public on unexpected circumstances; and
  4. use of works in excess of the duration, different time slot or territorial coverage than mentioned in the notice.

(9) The Board may revise the rates of royalties periodically, at least once in a year, keeping in view the provisions of these rules.

1 Subs. by G.S.R. 225(E), dated 30th March, 2021, for “Official Gazette” (w.e.f. 30-03-2021).

2 The words “immediately after its constitution” omitted by G.S.R. 225(E), dated 30th March, 2021 (w.e.f. 30-03-2021).

3 Subs. by G.S.R. 225(E), dated 30th March, 2021, for “Official Gazette” (w.e.f. 30-03-2021).

4 Subs. by G.S.R. 225(E), dated 30th March, 2021, for “public notice” (w.e.f. 30-03-2021).

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