Registration of copyright society
Section 33 of the Copyright Act, 1957 deals with registration of copyright society. No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in a The Act came into force on 21 Jan 1958.
1[33. Registration of Copyright society.-- (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3):
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society:
2[ Provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this Act:
Provided also] that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself registered within a period of one year form the date of commencement of the Copyright (Amendment) Act, 1994.
(2) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed:
Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of Works.
3[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyright on the working of the copyright society under section 36:
Provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty:
Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.]
(4) The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the 4[authors and other owners of rights] concerned, cancel the registration of such society after such inquiry as may be prescribed.
(5) If the Central Government is of the opinion that in the interest of the 4[authors and other owners of rights] concerned 5[or for non-compliance of sections 33A, sub-section (3) of section 35 or and section 36 of any change carried out in the instrument by which the copyright society is established or incorporated and registered by the Central Government without prior notice to it], is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of the copyright society.]
Section 33, The Copyright Act, 1957 (Act 14 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Azure Hospitality Private Limited v. Phonographic Performance Limited
Court's Decision & Legal Precedent
Copyright Act s.33(1) absolute requirement that any person carrying on the business of issuing/granting licences in copyrighted works do so under/in accordance with registration under s.33(3) cannot be diluted by the first proviso or by assignee ownership under s.18(2)/licence power under s.30 — bulk assignee PPL, not registered as a copyright society nor a member of the registered sound-recording society (RMPL), cannot grant public-performance licences at unregulated tariffs; Del HC DB modified single-judge injunction so Azure may play PPL repertoire only on RMPL tariff pending suit (prima facie findings).
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… by transmission from the broadcasters to the ultimate consumer is, therefore, regulated only by the Copyright Act and any royalties that can be charged for exploitation of the three rights as aforesaid are governed only by the Copyright Act. Further, the right to band themselves into a society is by virtue of Section 33, which mutatis mutandis applies to broadcasters alone. The tariff, therefore, that may be charged under Section 33A of the Copyright Act read with Rule 56 of the Copyright Rules is nothing but compensation that is payable to broadcasters for parting with their copyright in the manner indicated above. This being …
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… by transmission from the broadcasters to the ultimate consumer is, therefore, regulated only by the Copyright Act and any royalties that can be charged for exploitation of the three rights as aforesaid are governed only by the Copyright Act. Further, the right to band themselves into a society is by virtue of Section 33, which mutatis mutandis applies to broadcasters alone. The tariff, therefore, that may be charged under Section 33A of the Copyright Act read with Rule 56 of the Copyright Rules is nothing but compensation that is payable to broadcasters for parting with their copyright in the manner indicated above. This being …
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… While considering the application under Order VII Rule 11 of the CPC in both IPR Suit No.2 and IPR Suit No.1, the learned trial Court took to discussing the provisions of Section 33 of the Copyright Act, 1957 (for short ―the Act‖) and observed that the contents of the Plaint and the documents filed by the Appellant establish that the Appellant was "conceived, incorporated and is carrying on the business of issuing and granting licences in respect of literary, dramatic, musical and artistic …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 33
What have the courts held on Section 33 of the Copyright Act?
Azure Hospitality Private Limited v. Phonographic Performance Limited (15 Apr 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 33 of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 33, section 33 Copyright Act, section 33 of the Copyright Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Azure Hospitality Private Limited v. Phonographic Performance Limited (15 Apr 2025).
What should I read with Section 33 of the Copyright Act, and has it changed?
Its own text turns on section 33A (Tariff Scheme by copyright societies), section 35 (Control over the copyright society by the author and other owners of right), section 36 (Submission of returns and reports), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Copyright Rules, 1958 (1958).
When did Section 33 of the Copyright Act come into force?
Section 33 of the Copyright Act, cited as Copyright Act 33, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 52. Certain acts not to be infringement of copyright2235 words
- 2. Interpretation1406 words
- 32. Licence to produce and publish translations1230 words
- 32A. Licence to reproduce and publish works for certain purposes930 words
- 78. Power to make rules738 words
- 31C. Statutory licence for cover versions570 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.