68. Registration and management of Performers’ society.—(1) 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;

Provided that 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.

(2) Such society shall be called as Performers’ Society of that specific category.

(3) 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.

(4) 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.

Explanation 1.— The royalty collected from enjoyment of the performer’s right in clause (i) to (v) of clause (a) of sub-section (1) and proviso to sub-section (2) of section 38A, shall be shared equally between the performer and other owner of copyright.

Explanation 2.— Commercial use as mentioned in proviso to sub-section (2) of section 38A, means the exploitation of performers right by way of reproduction, issue of copies or distribution, communication to public including broadcasting and commercial rental of the cinematograph film.

Explanation 3.— For the purpose of this chapter performance includes recording of visual or acoustic presentation of a performer in the sound and visual records in the studio or otherwise.

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