Section 36 Copyright Act 1957 - Submission of Returns and Reports
Section 36 of the Copyright Act, 1957 deals with regulatory reporting and record oversight of copyright societies. It requires prescribed returns to be submitted to the Registrar of Copyrights and permits an authorised Central Government officer to call for reports and records relating to the administration and distribution of fees.
Text and meaning of Section 36
Section 36 - Submission of returns and reports
Sub-section (1): Every copyright society is required to submit to the Registrar of Copyrights the returns prescribed under the applicable rules.
Sub-section (2): An officer duly authorised by the Central Government may call for a report or the records of a copyright society to satisfy the Government that fees collected for rights administered by the society are being utilised or distributed in accordance with the Copyright Act.
The provision therefore creates two related forms of oversight. First, copyright societies have a recurring duty to furnish prescribed returns. Second, the Central Government has an inspection and information-gathering mechanism concerning the society's records and the use or distribution of fees.
What is a copyright society?
A copyright society is a society registered under Section 33 of the Copyright Act to carry on copyright business in respect of specified rights or categories of works. Such societies administer rights for authors and other owners, including activities such as issuing licences, collecting licence fees or royalties, and distributing amounts to eligible right holders in accordance with the Act, the Rules, and the society's approved schemes.
Annual return under Rule 65 of the Copyright Rules, 2013
Rule 65 gives practical effect to the return requirement under Section 36. A copyright society must file its annual return with the Registrar of Copyrights within one month from the conclusion of each annual General Body meeting.
| Annual return requirement | Information to be included |
|---|---|
| General Body meeting | Date of the meeting, attendance, agenda, and minutes. |
| Membership | Up-to-date list of members with names and addresses as recorded in the prescribed register. |
| Accounts | Audited accounts of the copyright society. |
| Schemes | Tariff Scheme, Distribution Scheme, and other schemes, if any. |
| Annual report | Annual report approved by the General Body containing a full and detailed account of the society's activities during the year. |
| Undistributed royalties | List of members to whom royalties were not distributed and the reasons for non-distribution. |
| Distributed royalties | List of members to whom royalties were distributed and the amounts distributed. |
| Transparency report | Annual transparency report required under Rule 65A. |
Annual transparency report under Rule 65A
Rule 65A, inserted by the Copyright (Amendment) Rules, 2021, requires every copyright society to prepare and make public an annual transparency report for each financial year within six months after the end of that financial year. The report must be published on the society's website and remain available there for at least three years.
The transparency report includes information concerning the society's activities, refusals to grant licences, royalties collected, royalties paid, royalties not yet attributed, administrative deductions, welfare-scheme deductions, and amounts received from or paid to foreign societies or organisations.
Why Section 36 is important
Section 36 supports accountability in collective copyright administration. Copyright societies collect and distribute money on behalf of authors and other right holders. The statutory return, reporting, and record-production requirements enable regulatory scrutiny of whether those collections are being administered and distributed consistently with the Copyright Act and the Copyright Rules.
Related provisions
Section 36 forms part of Chapter VII of the Copyright Act dealing with copyright societies. It should be read with the Copyright Act, 1957 overview, the provisions governing registration and administration of copyright societies, and the detailed compliance requirements in the Copyright Rules, 2013.
Legislative note: Chapter VII was substituted by the Copyright (Amendment) Act, 1994 with effect from 10 May 1995. The copyright-society framework was subsequently amended, including by the Copyright (Amendment) Act, 2012 and the Copyright (Amendment) Rules, 2021.
This page is intended as a general legal information resource. For an official and current text, consult India Code and the Copyright Office resources linked on this page.