Section 33 of Copyright Act 1957 - Registration of Copyright Society
Section 33 of the Copyright Act, 1957 regulates the business of issuing or granting copyright licences through copyright societies in India. It deals with registration of copyright societies, individual licensing by copyright owners, duration and renewal of registration, and the power of the Central Government to cancel or suspend registration.
What is a Copyright Society?
A copyright society collectively administers copyright or related rights for authors and other owners of rights. Its functions may include issuing licences, collecting licence fees and distributing royalties in accordance with the Copyright Act and the applicable rules.
The provisions relating to copyright societies are contained in Chapter VII of the Copyright Act, including Section 33A on tariff schemes, Section 34 on administration of rights and Section 35 on control by authors and other owners of rights.
Section 33 Explained
Section 33(1) - Business of issuing copyright licences
Section 33(1) establishes the general requirement that the business of issuing or granting licences in respect of works in which copyright subsists, or other rights conferred by the Act, must be carried on under or in accordance with registration granted under Section 33(3).
The provision preserves the right of an individual copyright owner to grant licences in respect of the owner's own works, subject to obligations arising from membership of a registered copyright society.
Section 33 also specifically provides for the licensing business concerning literary, dramatic, musical and artistic works incorporated in cinematograph films or sound recordings to be carried out only through a copyright society duly registered under the Act.
Section 33(2) - Application for registration
An association of persons satisfying the prescribed conditions may apply to the Registrar of Copyrights for permission to carry on the business specified in Section 33(1). The Registrar submits the application to the Central Government.
Section 33(3) - Registration by Central Government
In considering registration, the Central Government is required to have regard to factors including the interests of authors and other owners of rights, public interest and convenience, the interests of persons likely to seek licences, and the ability and professional competence of the applicant.
The proviso to Section 33(3) states that the Central Government shall not ordinarily register more than one copyright society to conduct business in respect of the same class of works.
Registration Requirements under the Copyright Rules
The Copyright Rules, 2013 supplement Section 33. Under Rule 44, an association seeking registration as a copyright society must have an independent legal personality and comprise seven or more authors and other owners of rights. The association must be formed for carrying on the business of issuing or granting licences in respect of a right or set of rights in specified categories of works.
The application for registration is made to the Registrar of Copyrights in the prescribed Form VIII for submission to the Central Government. The rules also contain provisions governing membership, eligibility, management, accounts, distribution of royalties and other aspects of the functioning of copyright societies.
Section 33(3A) - Registration for Five Years and Renewal
Registration granted to a copyright society under Section 33(3) remains valid for five years. It may be renewed from time to time before the end of each five-year period upon a request in the prescribed form.
Before renewal, the Central Government may consider the report of the Registrar of Copyrights concerning the working of the copyright society under Section 36.
Renewal is also subject to continued collective control of the copyright society being shared with authors of works in their capacity as copyright owners or persons entitled to receive royalties.
Cancellation and Suspension of Registration
Section 33(4) - Cancellation
The Central Government may cancel the registration of a copyright society if, after the prescribed inquiry, it is satisfied that the society is being managed in a manner detrimental to the interests of the authors and other owners of rights concerned.
Section 33(5) - Suspension
Section 33(5) empowers the Central Government, in the circumstances specified in the provision, to suspend the registration of a copyright society pending inquiry. The suspension cannot exceed the statutory period specified in Section 33, and an administrator may be appointed to discharge the functions of the society during that period.
Text and Structure of Section 33
Section 33 - Registration of Copyright Society
Sub-section (1): No person or association of persons may, after the commencement of the Copyright (Amendment) Act, 1994, commence or carry on the business of issuing or granting licences in respect of any work in which copyright subsists, or in respect of other rights conferred by the Act, except under or in accordance with registration granted under sub-section (3), subject to the provisos contained in the section.
The section preserves the right of an owner of copyright, in the owner's individual capacity, to grant licences in respect of the owner's own works consistently with obligations as a member of a registered copyright society.
It further requires the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in cinematograph films or sound recordings to be carried out only through a copyright society duly registered under the Act.
Sub-section (2): An association of persons fulfilling the prescribed conditions may apply to the Registrar of Copyrights for permission to conduct the business specified in sub-section (1), and the Registrar submits the application to the Central Government.
Sub-section (3): The Central Government may register an association as a copyright society after considering the interests of authors and other owners of rights, public interest and convenience, likely licensees, and the ability and professional competence of the applicant, subject to prescribed conditions.
The Central Government shall not ordinarily register more than one copyright society to conduct business in respect of the same class of works.
Sub-section (3A): Registration is granted for five years and may be renewed before the expiry of each five-year period in accordance with the Act and prescribed procedure.
Sub-section (4): Registration may be cancelled after the prescribed inquiry where the Central Government is satisfied that the society is being managed in a manner detrimental to the interests of the authors and other owners of rights concerned.
Sub-section (5): The Central Government may, in the circumstances specified by the provision, suspend registration pending inquiry and appoint an administrator to discharge the functions of the copyright society.
Copyright Rules, 2013 and Official Procedure
Chapter XI of the Copyright Rules, 2013 contains detailed provisions relating to copyright societies. Rule 44 deals with the conditions for submission of an application for registration, while the succeeding rules regulate membership and the conditions for carrying on copyright society business.
The Copyright Office provides an online facility for applications concerning copyright societies, including registration and renewal in the prescribed forms. Applicants should check the current Copyright Office requirements, forms, fees and notices before filing.
Related Copyright Act Provisions
Readers may also refer to Section 32B - Termination of licences, Section 33A - Tariff scheme by copyright societies, Section 34 - Administration of rights by copyright society and Section 35 - Control over copyright society.
Updated: September 2026