Intellectual
Property Rights
COPYRIGHT ACT 1957
CHAPTER VI : LICENCES
30. Licences by owners of copyright
The owner of the copyright in any existing
work or the prospective owner of the copyright in any future work may
grant any interest in the right by licence in writing signed by him or
by his duly authorised agent:
PROVIDED that in the case of a licence
relating to copyright in any future work, the licence shall take effect
only when the work comes into existence.
Explanation: Where a person
to whom a licence relating to copyright in any future work is granted
under this section dies before the work comes into existence, his legal
representatives shall, in the absence of any provision to the contrary
in the licence, be entitled to the benefit of the licence.
3[30A. Application of sections 19 and 19A
The provisions of sections
19 and 19A shall, with any necessary adaptations and modifications, apply
in relation to a licence under section 30 as they apply in relation to
assignment of copyright in a work.]
31. Compulsory licence in works withheld from public
(1) If at any time during
the term of copyright in any Indian work which has been published or performed
in public, a complaint is made to the Copyright Board that the owner of
copyright in the work-
(a) has refused to re-publish or allow
the re-publication of the work or has refused to allow the performance
in public of the work, and by reason of such refusal the work is withheld
from the public; or
(b) has refused to allow communication
to the public by 6[broadcast], of such work or the case of a 10[sound
recording] the work recorded in such 10[sound recording], on terms which
the complainant considers reasonable;
the Copyright Board, after giving to the
owner of the copyright in the work a reasonable opportunity of being heard
and after holding such inquiry as it may deem necessary, may, if it is
satisfied that the grounds for such refusal are not reasonable, direct
the Registrar of Copyrights to grant to the complainant a licence to republish
the work, perform the work in public or communicate the work to the public
by 17[broadcast], as the case may be, subject to payment to the owner
of the copyright of such compensation and subject to such other terms
and conditions as the Copyright Board may determine; and thereupon the
Registrar of Copyrights shall grant the licence to the complainant in
accordance with the directions of the Copyright Board, on payment of such
fee as may be prescribed.
Explanation : In this sub-section, the
expression "Indian work" includes-
(i) an artistic work, the author of which
is a citizen of India; and
(ii) a cinematograph film or a 10[sound
recording] made or manufactured in India.
(2) Where two or more persons have made
a complaint under sub-section (1), the licence shall be granted to the
complainant who in the opinion of the Copyright Board would best serve
the interests of the general public.
5[31A. Compulsory licence in unpublished Indian works
(1) Where, in the case of an Indian work
referred to in sub-clause (iii) of clause (1) of section 2, the author
is dead or unknown or cannot be traced, or the owner of the copyright
in such work cannot be found, any person may apply to the Copyright Board
for a licence to publish such work or a translation thereof in any language.
(2) Before making an application under
sub-section (1), the applicant shall publish his proposal in one issue
of a daily newspaper in the English language having circulation in the
major part of the country and where the application is for the publication
of a translation in any language, also in one issue of any daily newspaper
in that language.
(3) Every such application shall be made
in such form as may be prescribed and shall be accompanied with a copy
of the advertisement issued under sub-section (2) and such fee as may
be prescribed.
(4) Where an application is made to the
Copyright Board under this section, it may, after holding such inquiry
as may be prescribed, direct the Registrar of Copyrights to grant to the
applicant a licence to publish the work or a translation thereof in the
language mentioned in the application subject to the payment of such royalty
and subject to such other terms and conditions as the Copyright Board
may determine, and thereupon the Registrar of Copyrights shall grant the
licence to the applicant in accordance with the direction of the Copyright
Board.
(5) Where a licence is granted under
this section, the Registrar of Copyright may, by order, direct the applicant
to deposit the amount of the royalty determined by the Copyright Board
in the public account of India or in any other account specified by the
Copyright Board so as to enable the owner of the copyright or, as the
case may be, his heirs, executors or the legal representatives to claim
such royalty at any time.
(6) Without prejudice to the foregoing
provisions of this section in the case of a work referred to in sub-section
(1), if the original author is dead, the Central Government may, if it
considers that the publication of the work is desirable in the national
interest, require the heirs, executors or legal representatives of the
author to publish such work within such period as may be specified by
it.
(7) Where any work is
not published within the period specified by the Central Government under
sub-section (6), the Copyright Board may, on an application made by any
person for permission to publish the work and after hearing the parties,
concerned, permit such publication on payment of such royalty as the Copyright
Board may, in the circumstances of such case, determine in the prescribed
manner.]
32. Licence to produce and publish translations
(1) Any person may apply
to the Copyright Board for a licence to produce and publish a translation
of a literary or dramatic work in any language 5[after a period of seven
years from the first publication of the work.]
5[(1A) Not with standing anything contained
in sub-section (1), any person may apply to the Copyright Board for a
licence to produce and publish a translation, in printed or analogous
forms of reproduction, of a literary or dramatic work, other than an Indian
work, in any language in general use in India after a period of three
years from the first publication of such work, if such translation is
required for the purposes of teaching, scholarship or research:
PROVIDED that where such translation
is in a language not in general use in any developed country, such application
may be made after a period of one year from such publication.]
(2) Every 18[application under this section]
shall be made in such form as may be prescribed and shall state the proposed
retail price of a copy of the translation of the work.
(3) Every applicant for a licence under
this section shall, along with his application, deposit with the Registrar
of Copyrights such fee as may be prescribed.
(4) Where an application is made to the
Copyright Board under this section, it may, after holding such inquiry
as may be prescribed, grant to the applicant a licence, not being an exclusive
licence, to produce and publish a translation of the work in the language
mentioned in 13[the application-
(i) subject to the condition that the
applicant shall pay to the owner of the copyright in the work royalties
in respect of copies of the translation of the work sold to the public,
calculated at such rate as the Copyright Board may, in the circumstances
of each case, determine in the prescribed manner; and
(ii) where such licence is granted on
an application under sub-section (1A), subject also to the condition that
the licence shall not extend to the export of copies of the translation
of the work outside Indian and every copy of such translation shall contain
a notice in the language of such translation that the copy is available
for distribution only in India:
PROVIDED that nothing in clause (ii)
shall apply to the export by government or any authority under the government
of copies of such translation in a language other than English, French
or Spanish to any country if-
(1) such copies are sent to citizens
of India residing outside India or to any association of such citizens
outside India; or
(2) such copies are meant to be used
for purposes of teaching, scholarship or research and not for any commercial
purpose; and
(3) in either case, the permission for
such export has been given by the government of that country:]
19[PROVIDED FURTHER that no licence under
this section] shall be granted, unless-
(a) a translation of the work in the
language mentioned in the application has not been published by the owner
of the copyright in the work or any person authorised by him, 13[within
seven years or three years or one year, as the case may be, of the first
publication of the work], or if a translation has been so published, it
has been out of print;
(b) the applicant has proved to the satisfaction
of the Copyright Board that he had requested and had been denied authorisation
by the owner of the copyright to produce and publish such translation,
or that 13[he was, after due diligence on his part, unable to find] the
owner of the copyright;
(c) where the applicant was unable to
find the owner of the copyright, he had sent a copy of his request for
13[such authorisation by registered air mail post to the publisher whose
name appears from the work, and in the case of an application for a licence
under sub-section (1)] not less than two months before 13[such application];
13[(cc) a period of six months in the
case of an application under sub-section (1A) (not being an application
under the proviso thereto), or nine months in the case of an application
under the proviso to that sub-section, has elapsed from the date of making
the request under clause (b) of this proviso, or where a copy of the request
has been sent under clause (c) of this proviso, from the date of sending
of such copy, and the translation of the work in the language mentioned
in the application has not been published by the owner of the copyright
in the work or any person authorised by him within the said period of
six months or nine months, as the case may be;
(ccc) in the case of any application
made under sub-section (1A),-
(i) the name of the author and the title
of the particular edition of the work proposed to be translated are printed
on all the copies of the translation;
(ii) if the work is composed mainly of
illustrations, the provisions of section 32A are also complied with;]
(d) the Copyright Board is satisfied
that the applicant is competent to produce and publish a correct translation
of the work and possesses the means to pay to the owner of the copyright
the royalties payable to him under this section;
(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.
5[(5) Any broadcasting authority may
apply to the Copyright Board for a licence to produce and publish the
translation of-
(a) a work referred to in sub-section
(1A) and published in printed or analogous forms of reproduction; or
(b) any text incorporated in audio-visual
fixations prepared and published solely for the purpose of systematic
instructional activities,
for broadcasting such translation for
the purposes of teaching or for the dissemination for of the results of
specialised, technical or scientific research to the experts in any particular
field.
(6) The provisions of sub-sections (2)
to (4) insofar as they are relatable to an application under sub-section
(1A), shall, with the necessary modifications, apply to the grant of a
licence under sub-section (5) and such licence shall not also be granted
unless-
(a) the translation is made from a work
lawfully acquired;
(b) the broadcast is made through the
medium of sound and visual recordings;
(c) such recording has been lawfully
and exclusively made for the purpose of broadcasting in India by the applicant
or by any other broadcasting agency; and
(d) the translation and the broadcasting
of such translation are not used for any commercial purposes.
Explanation : For the purposes of this
section,-
(a) "developed country" means
a country which is not a developing country;
(b) "developing country" means
a country which is for the time being regarded as such in conformity with
the practice of the General Assembly of the United Nations;
(c) "purposes of research"
does not include purposes of industrial research, or purposes of research
by bodies corporate (not being bodies corporate owned or controlled by
government) or other associations or body of persons for commercial purposes;
(d) " purposes of teaching, research
or scholarship" includes-
(i) purposes of instructional activity
at all levels in educational institutions, including schools, colleges,
universities and tutorial institutions; and
(ii) purposes of all other types of organised
educational activity.]
5[32A. License to reproduce and publish works for certain purposes
(1) Where, after the expiration of the
relevant period from the date of the first publication of an edition of
a literary, scientific or artistic work,-
(a) the copies of such edition are not
made available in India; or
(b) such copies have not been put on
sale in India for a period of six months,
to the general public, or in connection
with systematic instructional activities at a price reasonably related
to that normally charged in India for comparable works by the owner of
the right of reproduction or by any person authorised by him in this behalf,
any person may apply to the Copyright Board for a licence to reproduce
and publish such work in printed or analogous forms of reproduction at
the price at which such edition is sold or at a lower price for the purposes
of systematic instructional activities.
(2) Every such application shall be made
in such form as may be prescribed and shall state the proposed retail
price of a copy of the work to be reproduced.
(3) Every applicant for a licence under
this section shall, along with his application, deposit with the Registrar
of Copyrights such fee as may be prescribed.
(4) Where an application is made to be
Copyright Board under this section, it may, after holding such inquiry
as may be prescribed, grant to the applicant a licence not being an exclusive
licence, to produce and publish a reproduction of the work mentioned in
the application subject to the conditions that,-
(i) the applicant shall pay to the owner
of the copyright in the work royalties in respect of copies of the reproduction
of the work sold to the public, calculated at such rate as the Copyright
Board may, in the circumstances of each case, determine in the prescribed
manner;
(ii) a licence granted under this section
shall not extend to the export of copies of the reproduction of the work
outside India and every copy of such reproduction shall contain a notice
that the copy is available for distribution only in India:
PROVIDED that no such licence shall be
granted unless-
(a) the applicant has proved to the satisfaction
of the Copyright Board that he had requested and had been denied authorisation
by the owner of the copyright in the work to reproduce and publish such
work or that he was, after due diligence on his part, unable to find such
owner;
(b) where the applicant was unable to
find the owner of the copyright, he had sent a copy of his request for
such authorisation by registered air-mail post to the publisher whose
name appears from the work not less than three months before the application
for the licence;
(c) the Copyright Board is satisfied
that the applicant is competent to reproduce and publish an accurate reproduction
of the work and possesses the means to pay to the owner of the copyright
the royalties payable to him under this section;
(d) the applicant undertakes to reproduce
and publish the work at such price as may be fixed by the Copyright Board,
being a price reasonably related to the price normally charged in India
for works of the same standard on the same or similar subjects;
(e) a period of six months in the case
of an application for the reproduction and publication of any work of
natural science, physical science, mathematics or technology, or a period
of three months in the case of an application for the reproduction and
publication of any other work, has elapsed from the date of making the
request under clause (a), or where a copy of the request has been sent
under clause (b), from the date of sending of a copy, and a reproduction,
of the work has not been published by the owner of the copyright in the
work or any person authorised by him within the said period of six months
or, three months, as the case may be;
(f) the name of the author and the title
of the particular edition of the work proposed to be reproduced are printed
on all the copies of the reproduction;
(g) the author has not withdrawn from
circulation copies of the work; and
(h) an opportunity of being heard is
given, wherever Practicable, to the owner of the copyright in the work.
(5) No licence to reproduce and publish
the translation of a work shall be granted under this section unless such
translation has been published by the owner of the right of translation
or any person authorised by him and the translation is not in a language
in general use in India.
(6) The provisions of this section shall
also apply to the reproduction and publication, or translation into a
language in general use in India, of any text incorporated in audio-visual
fixations prepared and published solely for the purpose of systematic
instructional activities.
Explanation : For the purposes of this
section, "relevant period", in relation to any work, means a
period of-
(a) seven years from the date of the
first publication of that work, where the application is for the reproduction
and publication of any work of, or relating to, fiction, poetry, drama,
music or art;
(b) three years, from the date of the
first publication of that work, where the application is for the reproduction
and publication of any work of, or relating to, natural science, physical
science, mathematics or technology; and
(c) five years from the date of the first
publication of that work, in any other case.
32B. Termination of licences issued under this chapter
(1) If, at any time after the granting
of a licence to produce and publish the translation of a work in any language
under sub-section (1A) of section 32 (hereafter in this sub-section refereed
to as the licensed work), the owner of the copyright in the work or any
person authorised by him publishes a translation of such work in the same
language and which is substantially the same in content at a price reasonably
related to the price normally charged in India for the translation of
works of the same standard on the same or similar subject, the licence
so granted shall be terminated :
PROVIDED that no such termination shall
take effect until after the expiry of a period of three months from the
date of service of a notice in the prescribed manner on the person holding
such licence by the owner of the right of translation intimating the publication
of the translation as aforesaid:
PROVIDED FURTHER that copies of the licensed
work produced and published by the person holding such licence before
the termination of the licence takes effect may continue to be sold or
distributed until the copies already produced and published are exhausted.
(2) If, at any time after the granting
of a licence to produce and publish the reproduction or translation of
any work under section 32A, the owner of the right of reproduction or
any person authorised by him sells or distributes copies of such work
or a translation thereof, as the case may be, in the same language and
which is substantially the same in content at a price reasonably related
to the price normally charged in India for works of the same standard
on the same or similar subject, the licence so granted shall be terminated:
PROVIDED that no such termination shall
take effect until after the expiry of a period of three months from the
date of service of a notice in the prescribed manner on the person holding
the licence by the owner of the right of reproduction intimating the sale
or distribution of the copies of the editions of work as aforesaid :
PROVIDED FURTHER that any copies already
reproduced by the licensee before such termination takes effect may continue
to be sold or distributed until the copies already produced are exhausted.]
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