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Sec 35, Copyright Act 1957: Control over copyright society by author & other owners of right

Section 35 (Control over the copyright society by the author and other owners of right) under Chapter VII (Copyright Societies) of the Copyright Act 1957

❝(1) Every copyright society shall be subject to the collective control of the author and other owners of right under this Act whose rights it administers (not being author and other owners of right under this Act administered by a foreign society or organisation referred to in sub-section (2) of section 34) and shall, in such manner as may be prescribed,—

  (a) obtain the approval of such author and other owners of right for its procedures of collection and distribution of fees;
  (b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the author and other owners of right; and
  (c) provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights.

(2) All fees distributed among the author and other owners of right shall, as far as may be, be distributed in proportion to the actual use of their works.

(3) Every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified.

(4) All members of copyrights society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of right in the distribution of royalties.❞



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Notes:

Chapter VII was substituted by the Copyright (Amendment) Act 1994 (No. 38 of 1994), sec. 11, w.e.f. 10-May-1995.

Section 35 of the Copyright Act 1957 was amended by:
- the Copyright (Amendment) Act 2012 (No. 27 of 2012), sec. 23, w.e.f. 21-Jun-2012.

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