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 58. DISTRIBUTION SCHEME

(1) A copyright society shall frame a scheme to be called the “Distribution Scheme”, setting out the procedure for distribution of royalties specified in the Tariff Scheme among the members whose names are entered in the Register of Authors and Owners maintained under clause (i) of rule 59, for the approval of the General Body of the society, as soon as may be, but in no case later than three months from the date on which the copyright society has become entitled to commence its copyright business.

(2) The distribution shall, as far as reasonably possible, be in proportion to the royalty income of the copyright society derived from the grant of licences for the right or the set of rights in the specific categories of works administered by it for each author and other owner of rights.

(3) There shall be no discrimination between authors and other owners of rights in the distribution of royalties by the copyright society.

(4) While distributing the royalties, the copyright society shall inform all members about the basis on which such amounts of royalties are being distributed.

(5) The Distribution Scheme shall aim to ensure that all royalty distributions are fair, accurate, cost-effective, and without any unknown or hidden cross-subsidies.

(6) The society shall fix parameters in a transparent manner for determining the share of distribution of its members and reveal the details of the same in a manner that is easily understandable to its members.

(7) The distribution of royalties shall be based on actual use or reliable statistical data that fairly represent the commercial exploitation of the licensed rights.

(8) The Distribution Scheme shall ensure that royalties to all members are distributed at least once every quarter.

(9) The copyright society shall not make any payment in the nature of a minimum guarantee to its members against the share of royalties due to them.

(10) The royalties collected based on the Tariff Scheme for the licensing of rights in literary or musical works included in a cinematograph film or sound recording shall be shared on an equal basis between the authors of the literary or musical works and the owners of rights in the cinematograph film or sound recording under sub-section (1) of section 18.

6(11) A copyright society shall ensure that where the royalty cannot be distributed within the time specified in sub-rule (8) because the relevant author or other owner could not be identified or located, such royalties are kept separate in the accounts of the copyright society.

(12) A copyright society shall take all necessary measures to identify and locate the authors and other owners and shall publish on its website, at the end of every quarter, the following information:

(a) the title of the work;

(b) the name of the author and other owners of rights in the work, as available; and

(c) any other relevant information available which could assist in identifying the right holder.

(13) In case the royalty due to the author and other owners remains undistributed at the end of the period of three years from the end of the financial year in which the collection of the royalty occurred, the copyright society shall transfer such amount to the welfare fund of the copyright society.

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