(1)

Any person intending to make a cover version, being a sound recording in respect of any literary, dramatic or musical work under sub-section (1) of section 31C shall give a notice of such intention to the owner of the copyright in such works and to the Registrar of Copyrights at least fifteen days in advance of making the cover version and shall pay to the owner of the copyright in the original literary, dramatic and musical works, along with the notice, the amount of royalties due in respect of a minimum of fifty thousand copies and if the number is more, for all the copies of cover version to be made, at the rates determined by the Board in this regard under rule 27 and provide copies of all covers and labels with which the cover version is to be sold.

Provided that in respect of works in a particular language or dialect for which the Board by general order has fixed a lower minimum, as per proviso to sub-section (4) of section 31C, the applicant shall pay the royalty for the lower minimum fixed by the Board and if the number is more, for all the copies of the cover version.

Provided further that any person intending to make a cover version shall give a notice under this only after the royalty to be paid is determined by the Board under rule 27 and published in the Official Gazette and in the website of the Copyright Office and the Board.

Explanation. - For the purpose of this rule "cover version " means a sound recording made in accordance with section 31C and this rule.

(2)

Such notice shall contain the following information, namely:-

(a) the particulars of the work in respect of which cover version is to be made;

(b) alterations which are proposed to be made for the adaptation of the work to the cover version and the evidence of consent of the author of work, if required, for making such alteration;

(c) the name, address and nationality of the owner of the copyright in the work;

(d) particulars of the sound recording made previously of the work;

(e) the total number of copies of the cover version and the calendar year in which it is proposed to be made;

(f) the medium in which the sound recording was last made and the cover version is proposed to be made;

(g) the price at which the cover version is proposed to be sold; and

(h) the details of the advance payment of royalties paid as determined by the Board in this regard under rule 27.