Rules 56 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.
Rule 56 tells a copyright society to frame, publish and revise its Tariff Scheme under section 33A of the Copyright Act, 1957: the rates it charges users. Rule 57 lets a person aggrieved by the scheme appeal, with provision for an interim tariff and a three-month disposal. Rule 57 is written in terms of the Board, which the 2021 Act abolished at Act level.
A society must frame its Tariff Scheme within three months of becoming entitled to start business, post it on its website, and show separate rates by user category, medium, type of exploitation, duration and territory. Royalty is collected in advance, with an actual-use exception. The scheme may be revised not earlier than twelve months, with two months' advance publication. An aggrieved person may appeal under section 33A; as notified, the Board could fix an interim tariff and had to dispose of the appeal within three months.
The Board caution
Rule 56(4) and all of rule 57 speak of "the Board", and the appeal under rule 57 was to the Board. That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and, for section 33A, moved its role to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment. This article explains what rule 57 requires of the appellant and the society, and does not present procedure before the Board as current. For the Act text see section 33A. If you are challenging a tariff or defending one, our legal dispute resolution team can advise on the forum and the papers.
Rule 56: the Tariff Scheme
Sub-rule (1): framing within three months
"As soon as may be, but in no case later than three months from the date on which a copyright society has become entitled to commence its copyright business, it shall frame a scheme of tariff to be called the 'Tariff Scheme' under section 33A of the Act setting out the nature and quantum of royalties which it proposes to collect in respect of the right or the set of rights in the specific categories of works administered by it."
Sub-rule (2): display
"Every copyright society shall display its Tariff Scheme by posting it on its website."
Sub-rule (3): separate rates
The Tariff Scheme "shall indicate the separate rates for":
| Item | Differentiation |
|---|---|
| (a) | Different categories of users |
| (b) | Different media of exploitation, such as telephone, broadcast or internet |
| (c) | Different types of exploitation: by an individual or by groups; single or multiple use; or for advertising |
| (d) | Different durations of use and territory |
| (e) | Any other differentiation factor indicated by the society, as it may deem fit |
Sub-rule (4): guidelines and consultation
"While fixing the tariff the copyright society shall follow the guidelines issued by any Court or the Board, if any, and may consult the user groups." The rule does not say what guidelines exist or how the society is to find them.
Sub-rule (5): when royalty is collected
| Tariff Scheme provides for | Collection |
|---|---|
| Lump sum payment | In advance |
| Instalments | Each instalment in advance |
| Payment based on actual use | The society may collect an advance at the time of issue of the licence and settle the final payment on actual use at the end of the licence period |
Proviso. The society shall not receive any payment in the nature of a minimum assured sum from a licensee whose royalty payments are based on actual use, except where exceptional circumstances are specifically included in the Tariff Scheme and the individual case has been approved by the Governing Council.
Sub-rule (6): revision
The society "may revise the Tariff Scheme periodically but not earlier than a period of twelve months by following the rules. It shall publish the date of coming into of the revised Tariff Scheme at least before two months in advance and the same shall be posted on its website." (The printed text drops the word "force".) So a revised scheme cannot be brought in within twelve months, and users get two months' notice of the date.
Rule 57: appeal on the Tariff Scheme (as notified)
Sub-rule (1). "Any person aggrieved by the Tariff Scheme may appeal to the Board under section 33A along with the fee specified in the Second Schedule." The Second Schedule as printed has no entry that names an appeal on a tariff scheme; the closest wording is entry 18 (certified copy of a public document) and none matches. So the fee is not legible in the text, and none is stated here. Check the current Schedule.
Sub-rule (2). If the Board is satisfied with the ground of the appeal, it shall (a) serve a copy of the appeal on the society, and (b) give the appellant and the society an opportunity of being heard and may take such evidence as it deems fit.
Sub-rule (3). "The appellant shall pay to the copyright society any interim tariff fixed by the Board that has fallen due before filing an appeal to the Board."
Sub-rule (4). The Board "may after hearing the parties fix an interim tariff and direct the appellant to make the payment accordingly pending disposal of the appeal."
Sub-rule (5). The Board determines the Tariff Scheme under section 33A after taking into consideration (a) the prevailing standards of royalties for such commercial exploitation of works and (b) other relevant matters.
Sub-rule (6). "The Board shall dispose of the appeal within a period of three months from the date of its filing."
| Step | Sub-rule |
|---|---|
| File appeal with fee | 57(1) |
| Board serves copy and hears both sides | 57(2) |
| Appellant pays any interim tariff already due | 57(3) |
| Interim tariff pending appeal | 57(4) |
| Final determination on stated factors | 57(5) |
| Disposal within three months of filing | 57(6) |
An example
Nandan FM Network is told by Swarlok Society that its annual licence fee for radio is a fixed lump sum, payable in advance under the Tariff Scheme posted on the society's website. Nandan considers the rate unreasonable for a small station. As notified, it could appeal under rule 57 and ask for an interim tariff. After 2021, the matter goes to the forum the amended section 33A provides, the Commercial Court. If, instead, Nandan's licence were on actual use, Swarlok could collect an advance on issue and settle at the end of the period, and could take a minimum assured payment only if the Tariff Scheme provided for exceptional cases and the Governing Council approved the individual case.
What the rules do not say
- No rate or amount of tariff.
- No fee legible for an appeal.
- Whether the appeal stays the Tariff Scheme; sub-rule (4) speaks of an interim tariff.
- Rule 56 does not say what happens if the three-month deadline is missed.
- The forum and procedure today are those of the amended Act, not of rule 57.
Need help with a tariff challenge or a tariff scheme?
Whether you are a user disputing a rate or a society preparing a scheme, the timeline and the evidence matter. Our legal dispute resolution team can help prepare the papers and choose the forum.
Key takeaways
- A society frames its Tariff Scheme within three months of starting business and posts it on its website.
- The scheme shows separate rates by user, medium, type of use, duration and territory.
- Royalty is collected in advance, with an actual-use exception; revision only after twelve months with two months' notice.
- Rule 57 as notified gave an appeal with interim tariff and a three-month disposal; the Board is abolished at Act level.
- No appeal fee is legible in the Second Schedule; check later amendments.
Read next
- Rule 58: distribution scheme of a copyright society
- Rules 54–55: authorisation by owners and issue of licences by a copyright society
- Performing rights and broadcasting rights under copyright
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.