29. Notice to owner for communication to the public of literary and medical works and sound recordings.
(1)Any broadcasting organisation desirous of communicating to the public by way of broadcast or by way of Performance of a published literary or musical work and sound recording under sub-section (1) of section 31D shall give a notice of its intention to the owner of the copyright and to the Registrar of Copyrights before a period of five days in advance of such communication to the public and shall pay to the owner of the copyright, in the literary or musical work or sound recording or any combination thereof, the amount of royalties due at the rate fixed by the Board in this regard:Provided that in case of communication to the public by way of broadcast or by way of performance of a newly published literary or musical work or sound recording or any combination thereof, which has been published within the said period of five days of such communication and which do not form part of the scheduled programmes, the notice shall, be given before such communication to the public:Provided further that in case of communication to the public by way of broadcast or by way of performance of any published literary or musical work and sound recording or any combination thereof, in unforeseen circumstances, the notice shall, be given within twenty four hours of such communication to the public.Provided also that any broadcasting organisation shall give a notice under this Chapter only after the royalty to be paid is determined by the Board under rule 31 and published in the Official Gazette and in the website of the Copyright Office and the Board.(2)Every such notice shall be in respect of work belonging to one owner only.(3)Separate notices shall be given for communication to public by way of radio broadcast or television broadcast or by way of performance of a literary or musical work and sound recording which has already been published.(4)The notice under sub-rule (1) shall contain the following particulars namely:-(a)Name of the channel;(b)Territorial coverage where communication to public by way of radio broadcast, television broadcast or performance under sub-rule (3) is to be made;(c)Details necessary to identify the work which is proposed to be communicated to the public by way of radio broadcast, television broadcast or performance under sub-rule (3);(d)Year of publication of such work, if any;(e)Name, address and nationality of the owner of the copyright in such works;(f)Names of authors and principal performers of such works;(g)alterations, if any, which are proposed to be made for the communication to the public by way of radio broadcast, television broadcast or performance of the works, reasons thereof, and the evidence of consent of the owners of rights, if required, for making such alteration;(h)Mode of the proposed communication to public, i.e. radio, television or performance;(i)Name, if any, of the programme in which the works are to be included;(j)Details of time slots, duration and period of the programme in which the works are to be included;(k)Details of the payment of royalties at the rates fixed by the Board; and(l)Address of the place where the records and books of accounts are to be maintained for inspection by the owner of rights.
