- (e) the author has not withdrawn from circulation copies of the work; and
- (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.
CHAPTER VII
Performing rights societies
33. (1) Every performing rights society shall, Within the prescribed Performing rights society to file statements of fees, charges and royalties.time and in the prescribed manner, prepare, publish and file with the Registrar of Copyrights, statements of all fees, charges or royalties which is proposes to collect for the grant of licences for performance in public of works in respect of which it has authority to grant such licences.
(2) If any such society fails to prepare,'publish or file with the Registrar of Copyrights the statements referred to in sub-Section (1) in relation to any work in accordance with the provisions of that sub-section, no action or other proceeding to enforce any remedy, civil or criminal, for infringement of the performing rights in that work shall be commenced except with the consent of the Registrar of Copyrights.
34. Any person having any objections to any fees, charges or Objections relating to published statements.royalties or other particulars included in any statement referred to in section 33 may at any time lodge such objections in writing at the Copyright Office.
35. (1) Every objection lodged at the Copyright Office under Determination of objections.section 34 shall, as soon as may be, be referred to the Copyright Board and the Copyright Board shall decide such objection in the manner hereinafter provided.
(2) The Copyright Board shall, in respect of every such objection, give notice thereof to the performing rights society concerned.
(3) The Copyright Board shall, after giving such society and the person who lodged the objection a reasonable opportunity of being heard and after making such further inquiry as may be prescribed, make such alterations in the statements as it may think fit, and shall transmit the alterations made by it to the Registrar of Copyrights, who shall thereupon, as soon as practicable after the receipt of such alterations, publish them in the Official Gazette and furnish the performing rights society concerned and the person who lodged the objection with a copy thereof.
(4) The fees, charges or royalties as altered by the Copyright Board shall be the fees, charges or royalties which the performing