Rule 68 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.
Chapter XII has one rule. Rule 68 provides for a separate performers' society for each class of performers, lets seven or more performers apply in Form XI, applies the copyright society rules of Chapter XI to such societies with adaptations, and adds three Explanations on the royalty share, commercial use and what "performance" includes. It serves sections 38A and 39A of the Copyright Act, 1957.
To license performers' rights under section 38A(1) and the proviso to section 38A(2) and section 39A, there is to be a separate performers' society for each class of performers, such as actors, singers, musicians or dancers. The Central Government may allow one society for different classes whose performances are closely related. An association of seven or more performers with independent legal personality applies in Form XI. Chapter XI applies, except rule 44(1), with necessary adaptations. Royalty for the listed performers' rights is shared equally with the other owner of copyright.
Which sections the rule serves
Rule 68 serves section 38A (exclusive rights of performers) and section 39A (the societies provision for performers). See our articles on sections 38 and 38A and sections 39 and 39A. If you represent a group of performers who want to collectively license their rights, a legal consultation can help plan the structure.
Rule 68(1): one society per class
"For the purpose of carrying on the business of issuing or granting licences in respect of performers' rights under sub-section (1) and proviso to sub-section (2) of section 38A and section 39A, there shall be a separate performers' society for each class of performers such as actors, singers, musicians, dancers, acrobats, jugglers, conjurers, snake charmers, persons delivering lectures or any other group of persons who can make a performance".
| Element | What the rule says |
|---|---|
| Purpose | Business of issuing or granting licences in respect of performers' rights |
| Sections | Section 38A(1), the proviso to section 38A(2), and section 39A |
| Structure | A separate society for each class of performers |
| Classes named | Actors, singers, musicians, dancers, acrobats, jugglers, conjurers, snake charmers, persons delivering lectures, or any other group who can make a performance |
Proviso. "the Central Government may allow registration of a society for performers' of different classes of performers' in cases where the performances are inter-connected or closely related to each other." So an orchestra-and-singers society may be possible where the performances are closely related; the text gives no test beyond those words.
Rule 68(2): name
"Such society shall be called as Performers' Society of that specific category." The text does not say how the name is to read, for example whether "of Singers" must appear.
Rule 68(3): who applies and how
"In accordance with the provisions of section 39A, any Performers' Society as mentioned in sub-rule (1), having an independent legal personality comprising seven or more performers (hereinafter referred to as 'the applicant') may file with the Registrar of Copyrights an application in Form-XI, for submission to the Central Government for grant of permission to carry on such business and for its registration as a Performers' Society."
Compare this with rule 44(1) for copyright societies: the same structure (an association with legal personality, seven or more members, application to the Registrar for the Central Government) applies, with "performers" in place of "authors and other owners of rights".
Form XI and Form XII
Form XI (see rule 68) is the "Application form for permission to carry on business and for registration as a performer's society". It asks for:
- name and address of the association of performers;
- the class or classes of performers for whose rights it will issue licences;
- the certificate showing a separate legal personality;
- names, addresses and occupation of the persons who comprise the applicant;
- the territory of the business;
- the Governing Body individuals and the capacity (performer or other owner) in which each sits;
- the registered or administrative office, and the chief executive officer's designation and address;
- financial position (last audited balance sheet and income and expenditure account, or bank balance);
- the documents mentioned in rule 48; and
- signatures of the governing body members and the chief executive officer.
Form XII is also marked "See rule 68": it is the application for re-registration or renewal as a performer's society, with eleven items in the same pattern, and refers to documents under rules 47(3) and 48. Compare with Form VIII and Form IX in our articles on rules 44 and 45 and rules 47 and 48.
Rule 68(4): Chapter XI applies
"Chapter XI of these rules relating to Copyright Societies except sub-rule (1) of rule 44 shall with necessary adaptations and modifications shall apply to a Performer's Society also."
The effect is that the rest of Chapter XI (conditions, registration, inquiry, cancellation, schemes, meetings, accounts, returns, code of conduct and the welfare fund) applies to a performers' society. Only rule 44(1) is excluded, because rule 68(3) provides the performers' version. The text does not list the "necessary adaptations", so a performers' society has to work them out, for example reading "authors and other owners" as "performers and other owners". The Chapter XI rules that mention the Board (rules 56, 57, 62 and 66) carry the same caution as in our articles on those rules.
The three Explanations
| Explanation | Text in substance |
|---|---|
| 1 | The royalty collected from enjoyment of the performer's right in clauses (i) to (v) of section 38A(1)(a) and the proviso to section 38A(2) "shall be shared equally between the performer and other owner of copyright" |
| 2 | "Commercial use" in the proviso to section 38A(2) means exploitation of the performer's right by reproduction, issue of copies or distribution, communication to the public including broadcasting, and commercial rental of the cinematograph film |
| 3 | For this Chapter, "performance" includes recording of the visual or acoustic presentation of a performer in the sound and visual records, in the studio or otherwise |
Explanation 1 mirrors the equal share between author and film or sound recording owner in rules 54 and 58(10), now for performers.
An example
Forty-two playback singers form a company to license their performers' rights collectively, as a Performers' Society of Singers. It files Form XI with the Registrar, with the rule 48 documents, for the Central Government. Once registered, it frames Tariff and Distribution Schemes, keeps the registers and files an annual return. When a producer pays for commercial use of the singers' performances, the royalty is shared equally between the singer and the other owner of copyright.
What rule 68 does not say
- No fee for the application.
- No time for the Central Government's decision here; rule 49 gives sixty days for copyright societies and applies with adaptations.
- No definition of "class of performers" beyond the list of examples.
- Which Chapter XI rules need adaptation.
Need help forming a performers' society?
The class definition, the seven-member requirement and the Chapter XI paperwork all need to line up. Our legal consultation team can review the structure before you file.
Key takeaways
- There is a separate performers' society for each class of performers; the Central Government may allow a joint society for closely related classes.
- Seven or more performers with independent legal personality apply in Form XI, filed with the Registrar for the Central Government.
- Chapter XI applies with necessary adaptations, except rule 44(1).
- Royalty for the listed performers' rights is shared equally between the performer and the other owner of copyright.
- The text is as notified in 2013 with the 2016 amendment; check later amendments.
Read next
- Rule 69: form of the Register of Copyrights
- Rules 66–67: code of conduct and welfare fund of copyright societies
- Section 38B: moral rights of the performer
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.