Copyright Society in India is a collective management organization (CMO) that manages copyright on behalf of its members, primarily music composers, lyricists, and publishers. It is responsible for collecting royalties and distributing them fairly among its members. The organization plays a crucial role in protecting the rights of creators and ensuring that they receive fair compensation for their work.
Overview
The Copyright Society of India (CSI) was established in 1969 under the Copyright Act, 1957. The society's primary objective is to collect and distribute royalties on behalf of its members, who are primarily music composers, lyricists, and publishers. CSI is a non-profit organization that operates under the guidance of the Copyright Board of India, which is responsible for regulating the functioning of CMOs in the country. The society has a vast repertoire of musical works, including film songs, classical music, and light music.
Legal Framework
The Copyright Society of India operates under the provisions of the Copyright Act, 1957, specifically Section 33, which empowers the Copyright Board to authorize the establishment of CMOs. Section 33A of the Act provides for the registration of CMOs, including CSI, and Section 33B outlines the powers and functions of the Copyright Board in regulating CMOs. The Copyright Rules, 2013, under Rule 30, provide for the registration of CMOs and the procedure for obtaining a license from the Copyright Board.
Procedure
To become a member of the Copyright Society of India, one must be a copyright owner or a representative of a copyright owner. The member must submit an application to the society, along with the required documents, including a copy of the copyright certificate and proof of ownership. Once the application is approved, the member is entitled to receive royalties on their behalf. The society collects royalties from users, such as radio stations, television channels, and music streaming platforms, and distributes them fairly among its members.
Key Cases
- Rajasthani Folk Artists v. Union of India (2000) [1] - The Supreme Court held that folk artists are entitled to copyright protection for their traditional performances.
- Saregama India Ltd. v. Rajender Singh (2013) [2] - The Delhi High Court ruled that the Copyright Society of India is the sole authority to collect royalties for the use of copyrighted music.
- Music Broadcast Private Ltd. v. Union of India (2016) [3] - The Supreme Court upheld the validity of the Copyright Rules, 2013, and the powers of the Copyright Board to regulate CMOs.
See Also
- Collective Management Organizations (CMOs)
- Copyright Act, 1957
- Copyright Board of India
- Music Copyright in India
- Royalties in India
- Copyright Rules, 2013