(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 making cover version under section 31C and may invite suggestions for determining the same.

(2)

The notice under sub-section (1) shall be published by the Board in the Official Gazette and the same to be re-published in two daily news papers having circulation in the major part of the country and shall post the same on the website of the Copyright Office and the Board.

(3)

Any owner of copyright or any person involved in the business of making cover version or any other interested person may within thirty days from the date of publication of public notice under sub-rule (1) may give suggestions with adequate evidence as to the rate of royalties to be fixed including different rates for different works, languages, media and formats.

(4)

The Board shall, after giving an opportunity of 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 the suggestions, determine the royalties payable to the owner of the copyright under sub-section (2) of section 31C. The Board while determining the royalty shall take into consideration the following factors, namely: -

(a) the retail price of the earlier sound recording;

(b) the prevailing standards of royalties with regard to literary, dramatic or musical work for making such recordings;

(c) the nature and class of the work, language, format and medium in which it is to be sold; and

(d) such other matters as may be considered relevant by the Board.

(6)

The Board may revise the rates of royalties periodically, at least once in a year, keeping in view of the provisions of this rule.