Section 36A of the Copyright Act, 1957: Rights and Liabilities of Copyright Societies
Section 36A is a saving provision in Chapter VII of the Copyright Act, 1957. It protects rights and liabilities connected with a copyright society that had already accrued or been incurred before the Copyright (Amendment) Act, 2012 came into force, and it also preserves legal proceedings concerning those rights or liabilities that were pending at that time.
Text of Section 36A
36A. Rights and liabilities of performing rights societies. - Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a copyright society which had accrued or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act, 2012, or any legal proceedings in respect of any such rights or liabilities pending on that day.
Meaning and Scope of Section 36A
Section 36A prevents the changes made to the statutory framework for copyright societies from disturbing certain pre-existing legal positions. In practical terms, the provision preserves rights already acquired, liabilities already incurred and proceedings already pending immediately before the commencement of the relevant 2012 amendment.
What is a copyright society?
A copyright society is an association registered under Chapter VII of the Copyright Act, 1957 for the collective administration of copyright or other rights under the Act, subject to the statutory framework governing registration, licensing, administration and distribution of royalties. Section 33 is the principal provision governing registration of copyright societies.
What does "accrued rights" mean in this context?
The expression refers to rights that had already arisen under the earlier legal arrangement before the statutory cut-off contemplated by Section 36A. The provision is intended to ensure that the amendment does not, merely by changing the statutory framework, extinguish such existing rights.
What liabilities are preserved?
Liabilities already incurred in connection with a copyright society before the relevant commencement date remain unaffected by Chapter VII as amended. Whether a particular liability had actually been incurred before that date depends on the facts, the underlying transaction and the applicable law.
Pending legal proceedings
Section 36A expressly preserves legal proceedings relating to the protected rights or liabilities if those proceedings were pending on the relevant day. This avoids the automatic termination of such proceedings solely because the statutory regime for copyright societies was amended.
2012 Amendment to Section 36A
Section 24 of the Copyright (Amendment) Act, 2012 made two important textual changes to Section 36A with effect from 21 June 2012. It substituted "copyright society" for "performing rights society" and replaced the earlier reference to the Copyright (Amendment) Act, 1994 with a reference to the Copyright (Amendment) Act, 2012.
Key Points
- Section 36A is located in Chapter VII dealing with copyright societies.
- It is principally a saving provision for pre-existing rights and liabilities.
- It also protects qualifying legal proceedings that were already pending.
- The terminology was updated by the Copyright (Amendment) Act, 2012.
- The provision should be read with Sections 33 to 36 governing copyright societies.
Official Legal Resources
For the authoritative statutory text and current administrative material, refer to the Copyright Act, 1957 published by the Copyright Office, the Copyright Office online services and legal resources, and India Code.
Note: This page provides general legal information. For a dispute involving accrued rights, liabilities or pending proceedings, the application of Section 36A depends on the relevant facts and legal documents.