A copyright society is a body of authors and other copyright owners that administers rights collectively. Its main function is to issue licences and collect royalties in respect of works, on behalf of the owners.
The reason these exist is practical. A composer cannot negotiate individually with every radio station, restaurant and streaming service that plays their work. A society does it collectively.
Only registered societies may do this
No person or group may carry on the business of issuing or granting licences in respect of copyrighted works without being registered as a copyright society under the Copyright Act, 1957.
This does not prevent an owner from licensing their own works in their own capacity. What it restricts is doing so collectively, on behalf of others, as a business.
Registered societies in India
The copyright societies registered in India include:
- Indian Performing Right Society (IPRS) — literary and musical works
- Indian Reprographic Rights Organisation (IRRO) — reprographic rights
- Indian Singers Rights Association (ISRA) — performers’ rights
IPRS is the one that appears most often in litigation, most recently in Vodafone Idea Ltd v IPRS before the Calcutta High Court, concerning royalty rights of authors of literary and musical works following the 2012 amendments.
How to register a copyright society
A society is formed under Section 33 of the Copyright Act, 1957 and registered with the Central Government.
The minimum membership is seven. A society is typically registered to carry on business in respect of a particular class of work.
The application
Any group of seven or more authors or owners of copyright, formed for the purpose of carrying on the business of issuing or granting licences in respect of a class of works, may apply to the Registrar of Copyrights on Form VIII.
Every application must be accompanied by:
- A true copy of the instrument by which the applicant is established or incorporated.
- Consent of all members included in the application to act as members of the Governing Body.
- A declaration setting out the objectives of the applicant, the bodies through which it will function, and the arrangements for accounting and auditing.
- An undertaking that the instrument establishing or incorporating the applicant provides for conforming to the provisions of the Act and the Rules.
Term and renewal
Registration lasts five years. It may be renewed from time to time before the end of the five-year period by applying to the Registrar of Copyrights on Form IX.
Renewal is at the discretion of the Central Government, which considers the report on the working of the society before deciding. Registration is therefore not a one-off grant but an ongoing accountability arrangement.
Where disputes go
Disputes that the Copyright Board once handled, including royalty determinations and compulsory licences, now go to Commercial Courts and High Courts.
The Copyright Board and subsequently the Appellate Board were abolished by the Tribunals Reforms Act, 2021, and the jurisdiction transferred. The Delhi High Court’s Intellectual Property Division is the most developed forum. See copyright registration for more on the appellate position.
Frequently asked questions
Do I have to join a copyright society to license my work? No. An owner can license their own works directly. Societies exist for collective administration, which is valuable where the work is used at scale by many licensees.
How many members do I need to form a society? Seven or more authors or owners of copyright.
How long does registration last? Five years, renewable on application to the Registrar of Copyrights on Form IX before the period expires. Renewal is at the Central Government’s discretion.
Can more than one society operate for the same class of work? The Act and the practice around it have generally favoured a single society per class of work, and this has been the subject of dispute.
What is the difference between a copyright society and a licensing agent? A society is a registered body administering rights collectively under Section 33. Licensing individual works as an agent for a single owner is a different arrangement and does not require registration.
Who decides royalty rates? Following the abolition of the Copyright Board, these determinations now sit with the Commercial Courts and High Courts.
Useful official resources
- Copyright Office, India — Forms VIII and IX, registered societies
- Copyright Act, 1957 — Section 33 and following
- Indian Performing Right Society
Questions on collective licensing or royalty arrangements? Talk to us.