Section 33A of Copyright Act 1957 - Tariff Scheme by Copyright Societies

Section 33A of the Copyright Act, 1957 regulates the publication and challenge of tariff schemes framed by copyright societies. A copyright society must publish its tariff scheme in the prescribed manner. A person aggrieved by the scheme may challenge it before the Commercial Court in accordance with the statutory provisions.

In brief: Section 33A promotes transparency in the royalty and licensing tariffs charged by copyright societies. The detailed requirements for framing and publishing a Tariff Scheme are contained principally in Rule 56 of the Copyright Rules, 2013.

What is a Copyright Society?

A copyright society is a registered collective rights management body operating under the Copyright Act, 1957. Subject to the Act, the Copyright Rules and its authorisation, a copyright society may administer specified rights on behalf of authors and other owners of rights, issue licences, collect royalties and distribute royalties.

The registration and regulation of copyright societies are principally dealt with under Section 33 of the Copyright Act, while Section 33A specifically addresses their tariff schemes.

Section 33A - Tariff Scheme by Copyright Societies

Section 33A(1): Every copyright society is required to publish its tariff scheme in the manner prescribed under the Copyright Rules.

Section 33A(2): A person aggrieved by the tariff scheme may appeal to the Commercial Court. After holding such inquiry as it considers necessary, the court may make appropriate orders for removing any unreasonable element, anomaly or inconsistency in the tariff scheme.

The statutory provisos require the aggrieved person to pay the copyright society the prescribed fee that has fallen due before making the appeal and to continue paying the applicable fee until disposal of the appeal. The provision also contemplates fixation of an interim tariff after hearing the parties.

Legislative update: The expression referring to the Appellate Board was substituted by the expression referring to the Commercial Court by the Tribunals Reforms Act, 2021, with effect from 4 April 2021.

Rule 56 of Copyright Rules 2013 - Tariff Scheme

Rule 56 of the Copyright Rules, 2013 provides the operational framework for a Tariff Scheme under Section 33A. A copyright society must frame its Tariff Scheme within the prescribed period after becoming entitled to commence its copyright business.

The scheme specifies the nature and quantum of royalties proposed to be collected in respect of the rights or sets of rights in the categories of works administered by the society. The copyright society is also required to display its Tariff Scheme on its website.

Factors reflected in a Tariff Scheme

Under Rule 56, separate rates may be indicated by reference to relevant differences in the exploitation of copyrighted works, including:

different categories of users;
different media of exploitation, including telephone, broadcast or internet;
different types of exploitation, including individual or group use, single or multiple use, and advertising;
different durations of use and different territories; and
other differentiation factors considered appropriate by the copyright society.

While fixing its tariff, a copyright society must also follow applicable guidelines issued by a competent court or authority and may consult user groups in accordance with the Rules.

Purpose of Section 33A

The provision creates a statutory framework under which users can ascertain the licensing tariff of a copyright society instead of royalty rates remaining undisclosed or being determined without a published scheme. It also provides a mechanism for challenging unreasonable elements, anomalies or inconsistencies in the scheme.

Provision	Section 33A of the Copyright Act, 1957
Subject	Tariff Scheme by copyright societies
Relevant Rules	Copyright Rules, 2013, particularly Rule 56
Publication	The copyright society must publish and display its Tariff Scheme in the prescribed manner.
Challenge to tariff	An aggrieved person may invoke the statutory remedy before the Commercial Court.
Purpose	Transparency and regulatory scrutiny of copyright licensing tariffs.

Relationship with Other Copyright Society Provisions

Section 33A forms part of the statutory framework governing copyright societies. It should therefore be read together with provisions concerning registration, administration of rights and control of copyright societies.

Section 33 deals with registration of copyright societies. Section 34 deals with administration of the rights of owners by a copyright society, while Section 35 deals with control over copyright societies by authors and other owners of rights.

Official Copyright Resources

For the current statutory text, rules, notifications and information concerning copyright societies, the official Copyright Office resources should be consulted.

Important Point

A Tariff Scheme is not merely an internal price list of a copyright society. Section 33A and the Copyright Rules create statutory requirements concerning its formulation, publication and scrutiny. Users dealing with a copyright society should therefore verify the society's currently published tariff, the category of rights administered by it and the applicable statutory and regulatory provisions.

Last updated: 21 September 2026. This page is intended for general legal information. The applicable Act, Rules, amendments and judicial orders should be checked for a particular matter.