THE COPYRIGHT RULES, 2013
[As amended by the Copyright (Amendment) Rules, 2021]
23. Notice for making Cover Version.—
24.Conditions to be followed while making cover version:-
(1) While making the cover version the producer shall maintain the integrity of the original literary, dramatic or musical works, except to the extent as may be technically necessary for the purpose of making the cover version.
(2) The cover version shall not be issued in any form of packaging or with any cover or label including any label or carton or inlay card or website having design or colour scheme or layout or getup similar to that of the original sound recording which is likely to mislead or confuse the public as to the identity of the original sound recording.
(3) The cover version shall not use the label of the original sound recording and shall state in bold letters on the cover that it is a cover version made under section 31C.
(4) The cover version shall prominently display the names of performers and shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated.
25.Notice for making additional copies of Cover version.-
A person who made cover version under a licence granted under section 31C after giving notice and intends to make additional copies during the period for which he gave notice for making cover version under section 31C or desiring to continue with the making of cover version shall give fresh advance notice under rule 23 and comply with all the conditions including the payment of advance royalties determined by the Board in this regard under rule 27.
26.Maintaining of records.—
(1) The person making cover version shall maintain at its principal place of business a register containing the details of total number of copies made, sold and number of copies remaining in stock, except in the case of sale by on- line downloads.
(2) The person making such cover version shall maintain separate books of accounts containing particulars about the total expenditure in making cover version under different heads of expenditure along with total income derived from the sale of number of copies of such cover version.
(3) The records, registers and books of account kept at the principal place or business of the person making cover version shall be open for inspection to the owner of rights or his duly authorized agent or representative on his behalf during the business hours with prior permission of the person making such cover version and, if needed, they may obtain copies of relevant extracts at their own cost.
27. Manner of determining royalties.—
28.Complaint is respect of non-payment of royalties.—
(1) The owner of Copyright in the literary, dramatic or musical works included in original sound recording may make a complaint to the Board in case of non-payment of royalty in full, as determined by the Board in respect of the cover version purported to be made.
(2) If the Board is prima facie satisfied as to the genuineness of the complaint, it may pass an interim order directing the person making the cover version to cease from making further copies.
(3) The Board may, after holding such enquiry as it considers necessary and after giving an opportunity of being heard to the owner of rights in any literary, dramatic or musical works included in original sound recording, make such further order, as it deem fit, including an order for payment of royalty.