(1) The Board shall immediately after its constitution either suo motu or on receipt of a request from any interested person, give public notice of its intention to fix royalties for communication to the public of literary or musical work and sound recording under section 31 D and may invite suggestions for determining the same. Such notice shall be given separately for radio and television broadcasting.
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(2) The notice under sub-rule (1) shall be published by the Board in the Official Gazette and shall be re-published in two daily news papers having circulation in the major part of the country and shall be posted on the website of the Copyright Office and the Board.
(3) Any owner of copyright or any broadcasting organisation or any other interested person may within thirty days from the date of publication of public notice under sub-rule (1) shall give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works and different formats.
(4) The Board shall after giving an opportunity being heard to the persons who made relevant suggestions under sub-rule (3), consider such suggestions, as it deems fit.
(5)The Board shall within a period of two months from the last date of receipt of suggestions, determine separate rates of royalty to be paid to the owners of literary or musical work and sound recording for radio and television broadcasting respectively.
(6)The Board shall determine the royalties payable to the owner of the copyright under sub-section (2) of section 31 D for radio and television broadcast separately.
(7) The Board while determining the royalty shall take into consideration the following factors, namely: ··-
(a) time slot in which the broadcast takes place and different rates for different time slot including repeat broadcast;
(b) different rates for different class of works;
(c) different rates for different nature of use of work;
(d) the prevailing standards of royalties with regard to such works;
(e) the terms and conditions included in the Grant of Permission Agreement (GOPA) between Ministry of Information and Broadcasting and the broadcaster for Operating Frequency Modulation (FM) Radio Broadcasting Service; and
(f) such other matters as may be considered relevant by the Board.
(8) The Board while determining the payment of royalties under sub-rule (5)shall take into consideration, the following factors, namely: -
(a) works included in the scheduled programmes;
(b) works newly published and not included in the scheduled programme;
(c) works communicated to the public on unexpected circumstances; and
(d) use of works in excess of the duration, different time slot or territorial coverage than mentioned in the notice
(9) The Board may revise the rates of royalties periodically,at least once in a year keeping in view the provisions of these rules.
ICJ7 i5 J//3 - I 74 THE GAZETIE OF INDIA : EXTRAOPDINARY
CHAPTER IX LICENCES FOR TRANSLATIONS [PART JI- SFC. 3(i)]