Section 38A of the Copyright Act, 1957 now gives Exclusive Rights to Performers and hence Royalties to Performers are Lawful & not as a part of Negotiations and subject to Contracts.
As per the Copyright Act, 1957, you can assign/licence your Copyright to anyone but you cannot assign or wave off your Right to Royalty to anyone except to a Copyright Society (i.e. ISRA) or your Legal Heirs.
It is simple.
The Form is available on the ISRA Website. Download it.
Just fill up the Membership Application Form and submit the same with a Cheque of Rs. 10,000 + 18% GST as Membership Processing Fee. The Cheque should be in favor of INDIAN SINGERS RIGHTS ASSOCIATION. You can also send the same through NEFT. For knowing the NEFT Details you can mail to firstname.lastname@example.org and the Membership Department will get back to you promptly.
Also after you are admitted as a Member, you would receive an Intimation and an Identity Card and thereafter you would have to sign the Standard Exclusive Deeds of Authorization authorizing ISRA to administer your Rights on your behalf.
Section 38B clearly offers protection to you and any violation on this account will be an Infringement of your Copyright and the concerned Person/Infringer is liable for civil and/or criminal proceedings.
Infact, Singers Royalty is a new Royalty and has got nothing to do with either the Composers/Lyricists Royalties, or Film Producers Royalties or Music Companies Royalties. Royalties to each of them is separate and Singers Royalty is not out of anyones present share of Royalties.Singers Royalties, being a new Royalty, ISRA will have to establish its Tariffs, collect its prescribed Royalties and then distribute the same to its members.
Each of these Organisations are distinct & separate from each other and will look after the interests of its own Members. As per Copyright Act & Rules, they cannot even work for each other.IPRS looks after the interests & Royalties of Composers/Lyricists. PPL looks after the interests & Royalties of Music Labels.ISRA looks after the interests & Royalties of Singers.
ISRA is the Copyright Society of Singers duly registered under Section 33 of the Copyright Act, 1957 on 14th June 2013. ISRA will administer & control the exploitation/utilisation of your performances & collect Royalties on your Economic Rights as per Section 38A of the Copyright Act, 1957 and then distribute the Royalties so received to you.
Section 38A of the Copyright Act, 1957, prescribes that the Performer's Rights shall subsist until 50 years from the beginning of the calendar year next following the year in which the performance is made.
The Royalties collected from different sources of exploitation shall be logged and the Distribution of the same shall be done as per the Distribution Scheme of ISRA. The Distribution shall be in proportion to the Royalty Income so derived from its collection. The Distribution Scheme shall ensure that all Royalty Distributions are fair, accurate, cost effective & without any unknown or hidden cross- subsidies. The Distribution Scheme shall have parameters which would be transparent to all its Members together with revealing details in a manner that is easily understandable to you.The Royalties Distribution shall be made once in a Quarter & shall be based on actual use or reliable statistical data that fairly represents the commercial exploitation of the performances of all of you. No member shall be paid Royalties in the nature of minimum guarantee.