54. Conditions subject to which a copyright society may accept authorisation and an author or other owner of rights may withdraw such authorisation.
(1)A copyright society may accept from an author or other owner of rights or his duty authorised agent, exclusive authorisation to administer the right or set of rights in the specific categories of works for which the copyright society is registered, if such author or other owner or such agent enters into an agreement, in writing, with the copyright society specifying the rights to be administered, the duration for which such rights are authorised to be administered, the quantum of royally agreed to and the frequency at which such royally shall be paid by the copyright society in accordance with is scheme of Tariff and Distribution.Provided that in case of literary or musical works included in a cinematograph film or sound recording the share of royalty other than for communication of the work along with the cinematograph film in a cinema hall shall be on equal basis between the author of the work and the owner of film or sound recording, as the case may be.(2)The copyright society shall not impose any condition for distribution of royalties collected to author or other owner of rights.(3)The author or other owner of rights shall, without prejudice to the right under the agreement and subject to the condition of a prior notice of sixty days, be free to withdraw such authorisation in case the copyright society fails to fulfil its commitments as laid down in the agreement.(4)The right to receive royals, for any literary or musical work included in the cinematograph film, shared on equal basis with the assignee of copyright to the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.(5)The right to receive royalty, for any literary or musical work included in the sound recording which does not form part of any cinematograph film, shared on equal basis for any utilisation of such works with the assignee of copyright shall not be assigned to any other copyright society other than to the society for which it is intended to be registered.
