(I) Any person intending to make a cover version,being a sound recording in respect of any literary, dramatic or musical work under subsection (I) of section 31 C shall give a notice of such intention to the owner of the copyrightin such works and to the Registrar of Copyrights at least fifteen days in advance of makingthe cover version and shall pay to the owner of the copyright in the original literary,dramaticand musical works, along with the notice, the amount of royalties due in respect of aminimum of fifty thousand copies and if the number is more, for all the copies of coverversion to be made, at the rates determined by the Board in this regard under rule 27 andprovide copies of all covers and labels with which the cover version is to be sold.
Provided thafin respect of works in a particular languageor dialect for which. the Board bygeneral order has fixed a lower minimum as per proviso to sub-section (4) of section 3IC, theapplicant shall pay the royalty for the lower minimum fixed by the Board and if the numberis more. for all the copies of the cover version.
Provided further that any person intendingto make a cover version shall give a notice underthis. Chapter only after the royalty to be paid is determined by the Board under rule 27 andpublished in the Official Gazette and in the website of the Copyright Office and the Board.
Explanation: For the purpose of this rule "cover version" means a sound recording made inaccordance with section 31 C and this rule.
(2) Such notice shall contain the followinginformation, namely:-
(a) the particulars of the work in respect of which cover version is to be made;
(b) alterations, if any, which are proposed to be made for the adaptation of the work tothe cover version and the evidence of consent of the author of work, if required, for making such alteration;
(c) the name, address and nationalityof the owner of the copyright in the work;
(d) particulars of the sound recording made previously of the work;
[ tn'l II? 3(i)]
(e) the total number of copies of the cover version and the calendar year in which it is proposedto be made;
(f) the medium in which the sound recording was last made and the cover version is proposedto be made;
(g) the price at which the cover version is proposedto be sold; and
(h) the details of the advance payment of royalties paidas determined by the Board in this regard under rule 27.