Rules 44 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 44 and 45 begin Chapter XI on copyright societies. Rule 44 says who can apply to be registered as a copyright society, in which form, who must sign, and that the business of licensing works in films and sound recordings must go through a registered society. Rule 45 keeps membership open to all authors and owners in the categories for which the society is registered.
An association of persons with an independent legal personality, with seven or more authors and other owners of rights, formed to carry on the business of issuing or granting licences, files Form VIII with the Registrar of Copyrights, for submission to the Central Government, which may register it for five years under section 33(3A). The application is signed by the Chairman, the Governing Council members and the Chief Executive Officer. Licensing of literary, dramatic, musical and artistic works in films or sound recordings must go only through a registered society. Membership is open to all authors and owners in the registered categories.
Which section the rules serve
Rules 44 and 45 implement section 33 of the Act (registration of copyright societies) and refer to section 34. See our articles on section 33 and section 34, and our general guide to copyright societies in India. If you are forming a body of owners and want the structure checked before filing, a legal consultation can help.
Rule 44(1): who can apply and how
"Any association of persons, having an independent legal personality, comprising seven or more authors and other owners of rights (hereinafter referred to as 'the applicant') formed for the purpose of carrying on the business of issuing or granting licences in respect of a right or set of rights in specific categories of works may file with the Registrar of Copyrights an application in Form VIII for submission to the Central Government for grant of permission to carry on such business and for its registration as a copyright society."
The last sentence adds that the Central Government "may grant registration of the society for a period of five years under sub-section (3A) of section 33."
| Element | What the rule says |
|---|---|
| Applicant | An association of persons with independent legal personality |
| Minimum size | Seven or more authors and other owners of rights |
| Purpose | Carrying on the business of issuing or granting licences in a right or set of rights in specific categories of works |
| Where filed | With the Registrar of Copyrights, in Form VIII |
| Who grants | The Central Government |
| Period | Five years, under section 33(3A) |
The term "copyright business" has a defined meaning in rule 2(1)(c); see our article on rules 1 and 2 in this series.
Form VIII
Form VIII is headed "Application form for permission to carry on copyright business and for registration as a copyright society" (see rule 44; the printed heading reads "FORMVIII" and "TEGISTRATION", typing slips). It asks for:
- name and address of the applicant (in capital letters);
- the right or set of rights in specific categories of works for which it proposes to carry on the copyright business;
- the certificate showing a separate legal personality;
- name, address and profession or occupation of the persons who comprise the applicant;
- details of works in which the copyright of those individuals subsists;
- the territory or territories to which the business will extend;
- names, addresses and profession of the individuals in the Governing Body, in whom ultimate management, control and direction are vested;
- the capacity (author or other owner) in which each became a member of the Governing Body;
- address of the registered or administrative office where records are kept, and the designation and address of the chief executive officer for service of communications;
- financial position on the date of application (last audited balance sheet and income and expenditure account or bank balance);
- documents mentioned in rule 48;
- signature and name of the members of the governing body; and
- name and signature of the chief executive officer.
The text prints no fee in the Second Schedule for a society's application, and none is stated here.
Rule 44(2): who signs
The application "shall be signed by the Chairman, all other members of the Governing Council (by whatever name called) with such number of persons elected from among the members of the society consisting of equal number of authors and other owners of right, if any, for the purpose of the administration of the society and the Chief Executive Officer of the applicant (who need not be a member)."
So the signatories are (a) the Chairman, (b) the other Governing Council members, including any elected members who are equally authors and other owners, and (c) the Chief Executive Officer, who need not be a member. The sentence is long and awkwardly drafted, and the text does not say how the "equal number of authors and other owners" is to be counted.
Rule 44(3): licensing through a society only
"The business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph film or sound recording shall be carried out only through a copyright society duly registered under section 33 of the Act."
The rule is a strong one: for those works in films or sound recordings, licensing as a business can be done only through a registered society. The rule speaks of "the business of issuing or granting licence", not of an individual deal, and the text does not say where a single one-off licence by a composer falls; take advice on that point. For the Act's treatment of performing rights societies see sections 35 to 36A, linked below.
Rule 45: membership
"Membership of every copyright society shall be open to all the authors and other owners of a right or set of rights in specific categories of works for which it is registered."
Membership is therefore tied to the registered categories. A society registered for musical works cannot, on this wording, close membership to musical-work authors who want to join; the text does not say what fee or conditions of admission may be set, or whether a society can refuse a member for cause.
An example
Seven lyricists and composers form a company with its own legal personality to license musical and literary works in sound recordings. It files Form VIII with the Registrar, signed by the Chairman, the other Governing Council members and the Chief Executive Officer (who is not a member). If registered, the registration is for five years, and any author or owner of works in those categories may ask to join.
What the rules do not say
- No fee for the application.
- No time for the Central Government's decision here; see our article on rule 49 in this series.
- No definition of "independent legal personality".
- No details of the Governing Council's composition beyond the signing rule.
- Rules 44 and 45 do not mention the Board.
Need help setting up a copyright society or reading its obligations?
The structure, the signatories and the supporting papers all need to line up before filing. Our legal consultation team can walk through them with you.
Key takeaways
- A copyright society applicant must be an association with independent legal personality and seven or more authors and owners.
- Form VIII is filed with the Registrar for submission to the Central Government; registration is for five years under section 33(3A).
- The Chairman, Governing Council members and the Chief Executive Officer sign.
- Licensing of works in films and sound recordings must go through a registered society.
- Membership is open to all authors and owners in the registered categories; the text is as notified in 2013, so check later amendments.
Read next
- Rule 46: conditions for permission to carry on copyright business
- Rules 47–48: re-registration of existing societies and documents with applications
- Section 35–36A: control, returns and performing rights societies
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.