Section 34 of the Copyright Act 1957 - Administration of Rights by Copyright Society

Section 34 of the Copyright Act, 1957 regulates how a registered copyright society may administer rights on behalf of authors and other owners of rights. It covers authorisation, withdrawal of authorisation, reciprocal arrangements with foreign societies, licensing, collection of licence fees and distribution of those fees.

Updated: 21 September 2026

Legal context: Copyright societies operate within Chapter VII of the Copyright Act, 1957. Section 33 concerns registration of copyright societies, Section 34 deals with administration of rights, and Section 35 provides for control of a copyright society by authors and other owners of rights. The Copyright Rules, 2013, as amended, contain the procedural framework applicable to copyright societies.

What Section 34 means

In practical terms, Section 34 permits a copyright society, subject to prescribed conditions, to manage specified copyright interests for an author or another owner of rights. The society may issue licences, collect licence fees and distribute the amounts collected after permitted deductions for its expenses. The author or other owner retains the statutory right to withdraw the authorisation, subject to the contractual rights of the copyright society.

The provision also permits reciprocal arrangements with foreign societies or organisations that administer corresponding rights. Such arrangements can allow an Indian copyright society to have rights administered abroad and foreign rights to be administered in India. The statute expressly guards against discrimination in licensing terms or distribution of fees between Indian and other works.

Text of Section 34 - Administration of rights of owner by copyright society

(1) Subject to such conditions as may be prescribed,--

(a) a copyright society may accept from an author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and

(b) an author and other owners of right shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract.

(2) It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation:

Provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works.

(3) Subject to such conditions as may be prescribed, a copyright society may--

(i) issue licences under section 30 in respect of any rights under this Act;

(ii) collect fees in pursuance of such licences;

(iii) distribute such fees among author and other owners of right after making deductions for its own expenses; and

(iv) perform any other functions consistent with the provisions of section 35.

Key legal features of Section 34

Exclusive authorisation: A copyright society may accept exclusive authority to administer a right in a work, subject to the prescribed conditions.
Right to withdraw: Authors and other owners of rights may withdraw the authorisation, while existing contractual rights of the society remain protected.
Foreign reciprocal arrangements: A society may enter agreements with foreign collecting societies or organisations for cross-border administration of corresponding rights.
Non-discrimination: Reciprocal administration must not discriminate in licence terms or fee distribution between rights in Indian works and other works.
Licensing and collection: The society may issue licences under Section 30 and collect the resulting licence fees.
Distribution: Collected fees may be distributed among authors and other owners of rights after deductions for the society's own expenses.

Relationship with the Copyright Rules

The Copyright Rules, 2013 provide detailed rules for copyright societies. Chapter XI addresses matters such as registration, membership, conditions for carrying on copyright business, governance and schemes. The Rules have subsequently been amended, including by the Copyright (Amendment) Rules, 2021. Anyone applying Section 34 in practice should read the Act together with the current Rules and applicable notifications.

Amendment note

Chapter VII was substituted by the Copyright (Amendment) Act, 1994 with effect from 10 May 1995. The expression concerning the relevant right holders in Section 34 was further amended by the Copyright (Amendment) Act, 2012 with effect from 21 June 2012, strengthening the statutory role of authors alongside other owners of rights.

Related provisions

For the surrounding statutory scheme, see Section 33 - Registration of Copyright Society, Section 33A - Tariff Scheme by Copyright Societies and Section 35 - Control over Copyright Society by Authors and Other Owners of Rights.