Section 34 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.
Section 34 sets out what a registered copyright society may do with the rights that authors and owners entrust to it: accept an exclusive authorisation, issue licences, collect and distribute fees, and make agreements with foreign societies. It also gives the author the right to withdraw the authorisation. For composers, lyricists and publishers who deal with societies, this is the working section; copyright assignment advice can help you understand what you give up and what you keep.
Subject to prescribed conditions, a copyright society may accept exclusive authorisation from an author or other owner of right to administer any right in a work by issuing licences, collecting fees, or both. The author or owner has the right to withdraw that authorisation, without prejudice to the society's rights under any contract. The society may license, collect fees and distribute them among authors and owners after deducting its own expenses, and may contract with foreign societies without discriminating between Indian and foreign works.
Sub-section (1): authorisation and withdrawal
"Subject to such conditions as may be prescribed, (a) a copyright society may accept from an author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an author and other owners of right shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract."
The words "author and other owners of right" were substituted for "owners of rights" in 2012, per the footnotes.
| Clause | Text, in substance | Meaning |
|---|---|---|
| (a) | A society may accept exclusive authorisation to administer any right in any work | The authorisation is exclusive; it can be for issue of licences, collection of fees, or both |
| (b) | The author or owner may withdraw the authorisation | The right to withdraw is stated as a right; the society's contractual rights survive |
"Exclusive" here follows the idea in section 2(j): the authorised society acts to the exclusion of others for the right entrusted. The text does not say how withdrawal is notified or what notice period applies; those are for the prescribed conditions and the contract.
Section 19(8), in the assignment provisions, adds a related rule: an assignment of copyright in any work contrary to the terms and conditions of rights already assigned to a copyright society in which the author is a member is void. See assignment under sections 18 and 19.
Sub-section (2): foreign societies
"It shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this Act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in India, or for administering in India the rights administered in a foreign country by such foreign society or organisation".
Proviso. "No such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in Indian and other works."
| Direction of the agreement | Effect |
|---|---|
| Indian society entrusts a foreign society | The foreign society administers the Indian society's rights in that foreign country |
| Indian society administers for a foreign society | The Indian society administers in India the rights the foreign society administers abroad |
| Both | No discrimination in terms of licence or distribution of fees between Indian and other works |
Sub-section (3): what a society may do
"Subject to such conditions as may be prescribed, a copyright society may (i) issue licences under section 30 in respect of any rights under this Act; (ii) collect fees in pursuance of such licences; (iii) distribute such fees among author and other owners of right after making deductions for its own expenses; (iv) perform any other functions consistent with the provisions of section 35."
| Function | Source |
|---|---|
| Issue licences under section 30 | 34(3)(i) |
| Collect fees under those licences | 34(3)(ii) |
| Distribute fees among authors and other owners, after deducting its own expenses | 34(3)(iii) |
| Perform other functions consistent with section 35 | 34(3)(iv) |
Licences under section 30 are the ordinary written licences by owners, with the content rules of section 19 applied by section 30A; see sections 30 and 30A. The society's deductions are "for its own expenses"; the text states no percentage.
Section 34A: repealed
The text reads: "34A. Rep. by the Copyright (Amendment) Act, 2012 (27 of 2012), s. 22 (w.e.f. 21-6-2012)." The heading is all that remains; the provision is repealed.
Who is affected
- Authors and owners who authorise a society should note that the authorisation is exclusive but can be withdrawn, and that the society keeps its contractual rights.
- Societies may license, collect and distribute, and must follow section 35 on control by authors and owners.
- Users of works (broadcasters, venues, producers) deal with the society for the rights it administers, at the tariff published under section 33A.
Example. Composer Neel Joshi authorises a registered society exclusively to administer the public performance right in his songs. The society licenses a hotel chain, collects the fee and, after deducting its own expenses, distributes the balance among its members. A year later Neel withdraws the authorisation. His right to do so is stated in the section, but the society's rights under its contract with him are not undone. The society's foreign partner in another country continues to deal with his songs only to the extent the society's agreement with it allows, without discriminating against Indian works.
What section 34 does not say
- No conditions are stated. Both (1) and (3) are "subject to such conditions as may be prescribed", in the Copyright Rules, 2013.
- No percentage for the society's expense deductions.
- No notice period for withdrawal.
- No time limit for distribution of fees.
- Section 34 is not amended by the Tribunals Reforms Act, 2021 or the Jan Vishwas Acts.
Need help with a society authorisation?
Before you grant an exclusive authorisation to a society, check which rights it covers, how you can withdraw it and how it interacts with your other licences and assignments. Our copyright assignment team can review the terms with you.
Key takeaways
- A copyright society may accept exclusive authorisation from an author or other owner to administer any right by issuing licences, collecting fees, or both.
- The author or owner may withdraw the authorisation, without prejudice to the society's contractual rights.
- A society may deal with foreign societies, but may not discriminate between Indian and other works in licence terms or distribution of fees.
- A society may issue section 30 licences, collect fees and distribute them after deducting its own expenses.
- Section 34A is repealed.
Read next
- Section 33A: tariff scheme by copyright societies
- Sections 35-36A: control, returns and performing rights societies
- Copyright societies in India: PPL, IPRS, ISRA
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.