Copyright Balbharati

Introduction

Maharashtra State Bureau of Textbook Production and Curriculum Research, Pune (Balbharati) is an autonomous institution established on 27th January 1967 based on the recommendations of the Kothari Commission. The main objective of Balbharati is to create textbooks for grade I to X basis the Government approved curriculum, as well as prepare and publish other educational material in the state of Maharashtra. Balbharati has formulated this Policy to achieve the following objectives:

To aid and promote advancement of education in general and of primary and secondary education in general;
To produce school textbooks, hand-books for teachers, work-books for pupils and other educational literature useful for furtherance of teaching or learning in educational institutions;
To encourage and procure expert authors having knowledge and experience of modern methods of education to write in different language textbooks on various subjects suited to the requirements of the curricula and syllabi prescribed by Government or other appropriate authority in that behalf for various courses of education and to apply for and obtain the approval or sanction of Government or other appropriate authority thereto;
To print, publish, stock, distribute and sell or enter into any arrangement for printing, publishing, stocking, distribution and sale of textbooks approved, sanctioned or assigned by Government or other appropriate authority and any other publications which Balbharati may decide to publish, with a view to making the same available at a fair and reasonable price;
To undertake and promote with suitable grant-in aids, research for the improvement of curricula for primary, secondary and higher secondary stages of education;
To undertake and promote with suitable grants-in-aid, research for the preparation and production of school textbooks and books intended for supplementary reading at all stages of school-education indicated in 1.5 above;
To regulate and fix prices of the publications of the society consistent with its objects;
To develop curricula on the basis of research and recommend them to Government and other appropriate authorities for adoption;
To advise and assist Government and other appropriate authorities in all matters concerning the experimental development and revision of curricula, textbooks and supplementary reading materials, when called upon to do so;
To make available quality material at a low price;
To undertake educational research for improving the curriculum and instructional materials.

Mandate of Balbharati

To prepare textbooks for all the primary schools in Maharashtra (Classes I to X)
To print and distribute textbooks of all subjects for all the primary, secondary and higher secondary schools in Maharashtra
To make available quality material a low price
To prepare other instructional materials for schools in Maharashtra including teachers handbooks, teachers editions, dictionaries and supplementary books
To undertake educational research for improving the curriculum and instructional materials.
Balbharati has assured to achieve learning outcome(s) through its contents developed for schools in the state of Maharashtra. Many publishers have utilized the learning material(s) developed by Balbharati in print and digital form for their respective commercial purpose(s). In order to support and encourage content creators who have the ability and intent to respect policy and honour compliances and discourage illegal practices and practitioners, Balbharati has decided to levy a license fee for the usage of its print and digital content(s) which will be utilized for education related purposes.

Scope of License

Balbharati envisions a non-exclusive, revocable, non-transferable Licence to be granted to Authorized Users in relation to its Contents, under the terms of a Licensing Agreement.
Balbharati treats the rights granted under the Licence as the basic means of obtaining certain publication rights; to further disseminate information, to protect works from plagiarism and any other unauthorized uses; and for developing a sustainable model by charging Licence Fees from the Authorized Users.
Apart from Authorized users no other agencies/companies/entities are allowed to reproduce Balbharati content in any form.
The Licence under the terms of the Policy will be applicable for Physical Contents and Digital Contents as well as tuition class content.
The licence registration process will be open throughout the year, however the licence holders are required to renew the licence between 15th October to 30th June of every year.
- It is to be noted that licence is valid from 1st May to 30th April of a year.
- Existing licensee are required to renew the licence annually as per the new announced rate.
The Licence may be granted for limited use by the Authorized Users in relation to reproduction or adaptation of parts of Balbharati’s Physical Contents and Digital Contents for preparation of Supplementary Material, including preparation of educational software comprising Balbharati’s Contents, preparation of Supplementary Materials to be utilized by tuition classes, the exact reproduction, modification and adaptation therein as well as creation of inter-active educational material in multi-media, audio or visual format.
Except as otherwise provided in the Licensing Agreement, the Authorized Users shall not make sound/visual recordings of Balbharati’s Contents for production, sale, distribution or otherwise.
A complete list of Authorized Users to whom a Licence has been granted for use of Balbharati’s Contents shall be published on official portal www.ebalbharati.in. Balbharati will upload the list of authorized license owner on the authorized website of the bureau.Public schools / Governments schools / Government authorities will be directed to ensure procurement of products / services from only such licensee
Please note this is a licence registration process and not empanelment.
Balbharati, upon giving a reasonable notice to the Authorized Users, shall have the right to inspect the premises of the Authorized Users during reasonable business hours, in relation to preparation of Supplementary Materials. The Authorized Users shall make all endeavors to cooperate with Balbharati and produce all such documents, accounts as may be requisitioned.

Policy Advocacy

All disputes and claims relating to the Balbharati Copyright Policy, including the disputes and claims arising out of the Licensing Agreement, shall be subject to the exclusive jurisdiction of the courts at Mumbai only.

The Balbharati Copyright Policy will be reviewed on a periodic basis by a review committee appointed by Balbharati to determine whether it is accomplishing its intended purposes, is in conformity with the extant laws, including the Copyright Act.
This Balbharati Copyright Policy strives to infuse confidence amongst publishers, students, coaching classes, educational institutions and other stakeholders in relation to protection and promotion of copyright. Basis the feedback received from various stakeholders as well as the comments received by the review committee, Balbharati shall modify, amend, alter or repeal the policy subsequently.

Teachers and students have an additional responsibility to:

Make an effort to become aware of their rights and obligations in relation to copyright, including moral rights obligations;
Adhere to the requirements of the Copyright Act and procedures when using copyright works;
Consult with supervisors when preparing study material, to ensure compliance with the requirements of the Copyright Act as well as the terms of License;
Report any infringement or violation of copyright and commercial exploitation of Balbharati’s Contents;
Making reasonable provision to limit the use of photocopying and scanning equipment to legitimate purposes by means of a copyright notice posted near machines.

Further, schools have an obligation to work with Balbharati to manage the copyright Licences effectively. This requires:

Participating from time-to-time in surveys of use of copyright material;
Considering the cost of using materials; and
Utilising IP registration tools for managing copyright material effectively.

It is necessary to include a copyright notice on original material in order for it to be protected by law. Additionally, for administrative reasons, it is also important that a copyright notice be included on all material which schools publish. This enables other parties to identify the copyright owner and how to contact them about reproducing or communicating the material.

Instructions for Registration

To register for License to use content of Balbharati Textbooks open https://services.ebalbharati.in/copyright/ in a web browser.

Click the Register now button to open the Registration Form.

Enter all the required details in the form which include
1. Name of Business or the Name of Individual Publisher
2. Type of Publisher
3. PAN/GSTIN
4. Address as per GST or PAN records
5. Name of the Business Owner (Enter name of contact person if not in business)
6. Number of years in business (Enter Zero (0) if not in business)
7. Mobile Number which will be verified by sending OTP. (Will be used for SMS and telephonic communication)
8. email id will be verified by sending the activation link. (Will be used for email correspondence)

You need to provide a User Name which should be 8 to 15 alphanumeric characters, which will be verified for availability immediately.
You need to provide a password which must contain Minimum 8 and Maximum 10 characters at least 1 Upper Case Alphabet, 1 Lower Case Alphabet, 1 Number and 1 of the Special Characters $@$!%*?&

On clicking the save button the form will be validated and will show messages in red if any data is invalid.

If all the values are valid a OTP will be sent to you mobile number and will be asked for verification. If you do not receive the OTP in 2 minutes please use resend OTP. You can change the mobile number at this point.

Once the OTP is verified. An activation link will be sent to your email id. Close the browser window and click the link you sent to you in the email sent to you from license@balbharati.in
If you are unable to click the link, copy the link and paste it to the browser address bar.

On activation of your account, use your login button on https://services.ebalbharati.in/copyright to go to the login page.

Enter your user id and password to login to the Licensing System.

Publisher Details Step
On Logging in, you can change your information except mobile number, email id and user name.

Turnover Step
You need to update Turnover for the last three financial years. Enter zero if you were not in business in any of those years.

Attachments Step
You need to attach all the required document. Please attach a signed declaration in place of document not applicable for you.
You can upload the documents in jpeg, png, of pdf format. The file size is limited to 5KB to 2MB.

Submit Step
At this step update the details of the Application fees paid. It will require NEFT UTR Number, Amount Paid and Payment date.
On entering all the required data you can submit the application form.

Instructions for Renewal

To renew for License to use content of Balbharati Textbooks open https://services.ebalbharati.in/copyright/ in a web browser. And Login with your existing user name and password.

Update Profile.
You can change your details and verification there off.
Enter turnover for balbharati FY ending on latest 31st march.
On clicking the save button the form will be validated and will show messages in red if any data is invalid.

Publisher Details Step
On Logging in, you can change your information except mobile number, email id and user name.

Turnover Step
You need to update Turnover ( Balbharati ) for the last financial years. Enter zero if you were not in business in any of those years.

Attachments Step
You need to attach all the required document. Please attach a signed declaration in place of document not applicable for you.
You can upload the documents in jpeg, png, of pdf format. The file size is limited to 5KB to 2MB.

Submit Step
At this step update the details of the Application fees paid. It will require NEFT UTR Number, Amount Paid and Payment date.
On entering all the required data you can submit the application form.

Verification

Finance
The bureaus finance department verified the fees paid by the applicant and send e-mail as well as message for documents verification.

Audit
The documents verifications from original will be verified.

EDP
On the basis of above the EDP department will generate renewal registration no.

Application & Fees Structure

The Application Form in relation to such Licence shall be available online and Applicants are required to create a login id in www.ebalbharati.in. Upon creation of a login id, an Applicant can access the registration form.
Applicants shall furnish & upload online the following particulars in relation to their Applications:
1. GSTIN certificate;
2. Permanent Account Number (PAN);
3. Audited annual statements of the preceding 3 (three) financial years from the date of submission of the Application or Certificate from CA for Balbharati Turnover for last three years;
4. For individual applicant, Latest income tax return copy
5. Company / Firm incorporation certificate
6. Power of Attorney
Balbharati has developed a fully automated portal for
1. Registration,
2. Application,
3. Payment and
4. Issuance of licenses
This process will have no human intervention apart from the document verification. After each stage the applicant will receive a system generated email and SMS informing about the progress and stage of application.

After successful completion of process applicant can download the certificate from the website.
New Applicants are requested to submit the duly-filled in Application Form for obtaining the Licence, along with an application fee of INR 15000 + GST (seventeen Thousand and seven hundred only). And for renewal INR 10000 + GST ( eleven thousand and eight hundred only ) through online mode. The online application form is available on www.ebalbharati.in.
All notifications in relation to the Application status shall be sent to the registered e-mail id(s) and mobile number of the Applicants.
Balbharati will scrutinise all Applications in relation to sufficiency and adequacy, and may seek such further additional information, as may be required. After successful completion of the Application process, the Applicants can download the certificate from www.ebalbharati.in.
No License Fee will be charged from any school in Maharashtra whose teachers and students use Balbharati’s Contents for the purpose of teaching and learning in their school.
Publishers/users having a turnover shown in income tax returns upto INR 15,00,000/- are exempt from buying a License. In case of individuals, applicants having a gross taxable income of less than INR 15,00,000, as per the income tax returns filed, in the preceding financial year, shall be exempt from paying a Licence Fee. But it is required to do on line registration by paying Application fees.
Applicants can register themselves for obtaining a Licence in relation to Balbharati’s Physical Contents and/or Digital Contents and/or tuition class contents, anytime during the year by following the Application Process as set forth above.

License Fee

The Licence Fee shall be in the form of annual fee payable by the Authorized Users to utilize Balbharati’s Contents under the terms of the Licensing Agreement.
(ii) The Applicants shall be required to pay the Licence Fee and application fees as may be applicable by way of RTGS/NEFT in the below listed account:
1. Name :Director, Maharashtra State Bureau of Textbook Production & Curriculum Research, Pune;
2. Account Number: 20062204775;
3. Bank Name: Bank of Maharashtra;
4. Branch: Erandwane;
5. IFSC Code: MAHB0000330;
6. Branch Email Id: bom330@mahabank.co.in.
7. Branch Code:330
  Upon making the payment to the above-mentioned account, the Applicant shall submit the acknowledgement of such payment to www.ebalbharati.in.
Authorized Users may obtain a Licence in relation to preparation of Supplementary Material for print, digital or tuition class content, and will pay Licence Fees decided by Balbharati time to time.
For obtaining a Licence in relation to preparation of Supplementary Material for Physical Contents, Digital Contents or tuition class content, for Grades I to XII, Authorised Users can choose from the below 3 (three) type of Licences: For the 2018-19. From 2019-20 it shall applicable for I to XII grade.

Catagories of License Fees

Physical Contents

S. No.	Balbharati Specific Turnover	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Marathi and English exclusive of GST.	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Hindi, Urdu and Gujarati exclusive of GST.	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Kannada, Sindhi and Telgu exclusive of GST.
1	Upto INR 15 Lakhs	0	0	0
2	From INR 15 Lakhs to INR 50 Lakhs	2000	1000	500
3	From INR 50 Lakhs to INR 2 Crores	4000	2000	1000
4	From INR 2 Crores to INR 3 Crores	8000	4000	2000
5	From INR 3 Crores to INR 5 Crores	16000	8000	4000
6	From INR 5 Crores to INR 15 Crores	31000	16000	8000
7	From INR 15 Crores to INR 25 Crores	47000	23500	11750
8	Exceeding INR 25 Crores	63000	31000	16000

Digital Contents

S. No.	Balbharati Specific Turnover	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Marathi and English exclusive of GST.	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Hindi, Urdu, Gujarati, Kannada, Sindhi and Telgu exclusive of GST.
1	Upto INR 15 Lakhs	0	0
2	From INR 15 Lakhs to INR 2 Crores	3880	1950
3	From INR 2 Crores to INR 5 Crores	7750	3880
4	From INR 5 Crores to INR 10 Crores	15500	7750
5	Exceeding INR 10 Crores	31000	15500

Tuition Class Contents

S. No.	Balbharati Specific Turnover	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Marathi and English	Licence Fee Per Medium, Per Title, Per Grade, Per Year (INR) for Hindi, Urdu, Gujarati, Kannada, Sindhi and Telgu
1	Upto INR 15 Lakhs	0	0
2	From INR 15 Lakhs to INR 2 Crores	4380	2190
3	From INR 2 Crores to INR 5 Crores	8750	4380
4	From INR 5 Crores to INR 10 Crores	17500	8750
5	Exceeding INR 10 Crores	35000	17500

Licensing Agreement

By and pursuant to the terms of the Licensing Agreement, the Authorized Users shall have a limited and non-exclusive right to prepare and publish Supplementary Materials for commercial use of utilizing Balbharati’s Contents.
Such Supplementary Materials may be published by Authorized Users upon expiry of a period of 30 (thirty) days from the date of publication by Balbharati.
Any alterations including but not limited to additions or omissions or deletions or modification (by whatever name called) shall be notified by Balbharati.
All Supplementary Materials published by the Authorized Users under the terms of the License shall contain registration number provided by Balbharati which shall be displayed at a conspicuous place in such Supplementary Materials.
Every year it is necessary to take a renewed registration.
The Authorized Users shall execute a Licensing Agreement with Balbharati.
The Authorized user will not disclose the license fee to any stakeholder in any form.

Disclaimer of Warranties

The License shall not transfer any Intellectual Property Rights or any other rights in the Physical Contents and/or Digital Contents, to the Authorized User.
All other rights and other incidental and ancillary rights thereto not expressly granted including Intellectual Property Rights of the Contents shall always vest solely and exclusively with Balbharati and Balbharati shall use or exploit or enforce such rights in any manner it deems, fit and necessary.
Balbharati will make reasonable endeavours to ensure that the Contents are complete and accurate. However, Balbharati does not warrant their completeness or accuracy and does not warrant that the use of Contents will be uninterrupted or error free, or that the results obtained will be useful or will satisfy the user’s requirements.

Liability

Balbharati shall not be responsible to any Authorized User, publisher, distributor, or any other person for any special, incidental, or consequential damages of any character, including without limitation, damages arising out of errors or inaccuracies in the Physical Contents and/or Digital Contents.

Violation of Balbharati Copyright Policy

Any breach of the terms of the Policy, including violation of the terms of the License, such as non-payment of License Fee, utilizing Balbharati’s Contents without a valid License, shall entitle Balbharati to enforce appropriate remedies, including but not limited to:

Sue the Authorised Users for breach of Licensing Agreement;
Restrain the infringement of the copyright, if the Authorized User acts beyond the scope of his rights granted by the License;
If the Authorized User commits a breach of trust or confidence, a suit for redressal; or
Blacklist the Authorized User from the future publication and sales of Supplementary Materials.
Revocation of the license and backlisting the publisher from undertaking supplementary book (using Balbharati’s Contents) business in Maharashtra for a period of 3 (three) years

Click here to download PDF (26-10-2020)

Click here to download COPYRIGHT POLICY PDF

Click here to download Digital Accessibility Specifications PDF