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 11 Home

COPYRIGHT SOCIETIES
RULE 56. TARIFF SCHEME

(1) As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame 5[and publish] a scheme of tariff to be called the “Tariff Scheme” under section 33A of the Act, setting out the nature and quantum of royalties which it proposes to collect in respect of the right or the set of rights in the specific categories of works administered by it.

(2) Every copyright society shall display its Tariff Scheme by posting it on its website.

(3) The Tariff Scheme shall indicate the separate rates for:

(a) different categories of users;

(b) different media of exploitation, such as telephone, broadcast, or internet;

(c) different types of exploitation, whether by an individual or by groups, or whether for single or multiple use, or for advertising;

(d) different durations of use and territory; and

(e) any other differentiation factor indicated by the society, as it may deem fit.

(4) While fixing the tariff, the copyright society shall follow the guidelines issued by any Court or the Board, if any, and may consult the user groups.

(5) The copyright society shall collect the royalties from a licensee in advance where the Tariff Scheme provides for a lump sum payment of royalties. In cases where the Tariff Scheme provides for payment in instalments, each instalment shall be collected in advance. However, in cases where the Tariff Scheme provides for the payment of royalties based on actual use, the copyright society may collect an advance at the time of issue of the licence and settle the final payment based on actual use at the end of the period for which the licence is issued or granted.

Provided that the copyright society shall not receive any payment in the nature of a minimum guarantee from a licensee whose royalty payments are based on actual use and are to be settled with the society at the end of the licence period, except where any exceptional circumstances are specifically included in the Tariff Scheme and the individual case has been approved by the Governing Council.

(6) The copyright society may revise the Tariff Scheme periodically, but not earlier than a period of twelve months, by following these rules. It shall publish the date of coming into force of the revised Tariff Scheme at least two months in advance, and the same shall be posted on its website.

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