Copyright Rules, 2013
CHAPTER 11 Home
COPYRIGHT SOCIETIES
Every copyright society shall conform to the following Code of Conduct:
(1) Every society shall make available on its website:
(a) the certificate of registration as a copyright society;
(b) basic governance documents such as the memorandum of association, articles of association, constitution, or charter;
(c) the list of all members of the General Body;
(d) the names and addresses of the Chairman, other members of the Governing Council, and other officers of the society;
(e) the right or the set of rights in the specific categories of works for which the copyright society has been authorised to issue or grant licences;
(f) all schemes of the society;
(g) the annual report and audited accounts as approved by the General Body;
(h) licence agreement formats;
(i) details of all existing licences, other than those clauses in the licence having commercial sensitivity;
(j) the names of foreign societies with whom there are agreements to collect royalties and the details of such agreements, other than those clauses having commercial sensitivity;
(k) details of the Complaint/Grievances Cell; and
(l) the Code of Conduct.
12(m) the facility to search the database of works forming part of the repertoire of the copyright society;
(n) the Annual Transparency Report as approved by the General Body; and
(o) the details of the undistributed royalties on account of works belonging to authors and other owners who could not be identified or located.
(2) The members shall be:
(a) treated fairly, honestly, impartially, and courteously, and the society shall ensure that its dealings with them are transparent;
(b) provided with a copy of its basic governance documents, such as the memorandum of association, articles of association, constitution, charter, Tariff Scheme, and Distribution Scheme, at the time of joining or at any time upon request;
(c) provided with a copy of the document enumerating the powers and responsibilities of each member, including the Chairman and members of the Governing Council; and
(d) provided with:
(i) the basis for calculating royalties payable to the members;
(ii) the manner and frequency of payments to members; and
(iii) the general nature of deductions from the total income before distribution.
(3) Every society shall distribute payments to its members in accordance with its Distribution Scheme.
(4) Every society shall treat licensees fairly, honestly, impartially, and courteously, and ensure that its dealings with licensees are transparent.
(5) Every society shall observe the following while fixing the Tariff Scheme, namely:
(a) the licence fee shall be fair and reasonable;
(b) take note of the value of the rights in the works;
(c) the purpose and manner in which the rights are to be exploited;
(d) any relevant decisions of the Board;
(e) in case the Tariff Scheme is for use by an industry, the important role played by that industry in promoting and disseminating works and its contribution to the national economy, and, as far as possible, consultation with licensees.
(6) Every society shall, as far as practicable, provide facilities for online application, payment of royalties, and the issue of licences online.
(7) Every society shall ensure:
(a) that the members of the Governing Council are accountable to the General Body;
(b) the maintenance of proper and complete financial records, including records of the collection and distribution of royalties and expenses; and
(c) annual auditing of its accounts by a qualified Chartered Accountant.
(8) Every society shall comply with the following procedure for dealing with complaints and grievances:
(a) constitute a Complaint or Grievances Cell and post its details on its website;
(b) provide information regarding how to make a complaint and reasonable assistance in the formulation and lodging of a complaint;
(c) acknowledge receipt of the complaint immediately upon receipt;
(d) verify the nature of the complaint and the details of the complainant;
(e) examine the complaint and, if necessary, give an opportunity of hearing to the complainant;
(f) dispose of the complaint within a period of two months and provide a written response to the complainant;
(g) make available adequate resources for handling and resolving complaints; and
(h) periodically review the complaint-handling and complaint-resolution procedures and mechanisms.