(1) For the purppse of carrying on the business of issuing or granting licences in respectof performer'srights 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:
(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 independentlegal personalitycomprising 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 registrationas a Perfonner's Society.
92 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII--SEc. 3(i)] (4 )Chapter XI of these rules relating to Copyright Societies except sub-rule (]) of rule44 shall with necessary adaptations and modifications shall apply to a Performer's Societyalso.
Explanation 1.-The royalty collected from enjoyment of the performer's right in (i) to (v) ofclause (a) of sub-section (I) and proviso to sub-section (2) of section 38A, shall be sharedequally 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 the performers right by way of reproduction, issue of copies ordistribution, communication Vu public including broadcastingand commercial rental of thecinematographfilm.
Explanation 3.- For the puvpose of this chapter performance includes recording of visual oracoustic presentation of a performer in the sound and visual records in the studio orotherwise.
CHAPTER XIII REGISTRATION OF COPYRIGHT