Sections 35-36A 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.
A copyright society holds other people's rights, so the Act makes it answerable to those people and to the Registrar. Section 35 puts the society under the collective control of the authors and owners whose rights it administers, requires an equal-numbers governing body and equal membership rights, and requires distribution in proportion to actual use. Section 36 requires returns to the Registrar and allows inspection. Section 36A saves rights and liabilities that accrued before the 2012 Act. For advice on dealing with a society, our legal consultation service is available.
Every society is under the collective control of the authors and other owners whose rights it administers: it must get their approval for its collection and distribution procedures and for using fees for any purpose other than distribution, and give them regular, full and detailed information. Fees are distributed in proportion to actual use. The governing body must have an equal number of authors and owners of work, and all members have equal rights. A society must file returns with the Registrar, and an authorised officer may call for reports and records.
Section 35(1): collective control
"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,—"
| Clause | The society shall |
|---|---|
| (a) | obtain the approval of such authors and owners 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 authors and owners |
| (c) | provide to such owners regular, full and detailed information concerning all its activities in relation to the administration of their rights |
The words "author and other owners of right" were substituted for "owner of rights" in 2012 (footnote). The control extends to the society's own members and the owners whose rights it administers; it does not extend to those whose rights are administered by a foreign society under section 34(2). The manner of obtaining approval and giving information is "as may be prescribed", in the Copyright Rules, 2013.
Section 35(2): distribution in proportion to use
"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." The phrase "as far as may be" tempers the rule, and the text gives no further guidance on how use is measured.
Section 35(3) and (4): governing body and equality
Both sub-sections were substituted in 2012 (footnote).
(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."
| Feature | Rule |
|---|---|
| Governing body | Elected from among members; equal number of authors and owners of work; number as may be specified |
| Membership rights | Equal for all members |
| Distribution of royalties | No discrimination between authors and owners of right |
Compliance with section 35(3) matters beyond the society's own rules: failure to comply with sub-section (3) of section 35 is a ground for suspension under section 33(5). Renewal of registration under section 33(3A) is subject to continued collective control being shared with authors.
Section 36: returns and reports
(1) "Every copyright society shall submit to the Registrar of Copyrights such returns as may be prescribed."
(2) "Any officer duly authorised by the Central Government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this Act."
| Provision | Who | What |
|---|---|---|
| 36(1) | Society | Submits prescribed returns to the Registrar |
| 36(2) | Officer authorised by the Central Government | May call for any report and any records, to check that fees collected are utilised or distributed in accordance with the Act |
The Registrar's report on the working of the society "under section 36" is what the Central Government considers when renewing registration under section 33(3A). Failure to comply with section 36 is also a ground for suspension under section 33(5). The form and frequency of returns are in the Copyright Rules, 2013; this article states none.
Section 36A: rights and liabilities of performing rights societies
"Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a copyright society which had accrued or were incurred on or before the day prior to the commencement of the Copyright (Amendment) Act, 2012 (27 of 2012), or any legal proceedings in respect of any such rights or liabilities pending on that day."
The footnotes record that the words "copyright society" replaced "performing rights society" in the heading and text, and that the reference to the Copyright (Amendment) Act, 2012 replaced the reference to the 1994 Act, both in 2012. In plain terms, rights, liabilities and pending proceedings from before the 2012 Act are preserved. The heading in the printed text still speaks of "performing rights societies"; the body speaks of copyright societies. We flag this as a drafting point.
How the pieces fit
| Section | Question |
|---|---|
| 33 | May this body license as a society? |
| 33A | What does it charge, and can I challenge it? |
| 34 | What may it do with the rights it receives? |
| 35 | Who controls it, and how are fees distributed? |
| 36 | What must it report, and who may inspect? |
| 36A | What is saved from before the 2012 Act? |
Example. A society's members include lyricists and music publishers. Under section 35(3), its governing body is elected from among members with equal numbers of authors and owners of work. When the society proposes to spend part of the collected fees on a building rather than distributing them, section 35(1)(b) requires the approval of the authors and owners. Its annual returns go to the Registrar under section 36(1), and an authorised officer may call for the books to check that fees are being distributed as the Act requires.
What the sections do not say
- No numbers for the size of the governing body: "as may be specified".
- No definition of "actual use" or how it is measured.
- No penalty in these sections; consequences are through section 33(4) and (5).
- No frequency or form of returns.
- None of sections 35, 36 or 36A is amended by the Tribunals Reforms Act, 2021.
For the practical picture, see copyright societies in India.
Need help with a society dispute or governance question?
If you are a member questioning how a society distributes fees, or a society preparing its returns, the rules above apply. Our legal consultation team can review the position and advise on next steps.
Key takeaways
- A society is under the collective control of the authors and owners whose rights it administers: approval for procedures, approval for non-distribution use of fees, and regular, full and detailed information.
- Fees are distributed, as far as may be, in proportion to actual use of works.
- The governing body is elected from members with equal numbers of authors and owners of work; all members have equal rights; no discrimination in royalties.
- Societies file prescribed returns with the Registrar; an authorised officer may call for reports and records.
- Section 36A preserves rights, liabilities and pending proceedings from before the 2012 Act.
Read next
- Section 34: administration of rights by copyright society
- Section 33A: tariff scheme by copyright societies
- Section 37: broadcast reproduction right
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.