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Intellectual Property Rights

Copyright Rules, 1958



2[CHAPTER IV A: COMPULSORY LICENCE FOR PUBLICATION OF UNPUBLISHED WORKS, TRANSLATION AND REPRODUCTION OF WORKS

11A. Application for licence

An application for a licence under section 31A, sub-section (1A) of section 32 and section 32A to publish any unpublished work or to translate any work in any language or to reproduce any published work shall be made in triplicate in accordance with Form IIA and shall be accompanied by the fee prescribed in the Second Schedule.

11B. Every such application shall be in respect of one work only and in respect of translation of a work into one language only.

11C. Notice of application

(1) A copy of such application shall be served by registered mail on the owner of copyright and if the owner of such copyright is not known or is not traceable, a copy of the application shall be served on the publisher whose name appears on the work.

(2) The Copyright Board shall give an opportunity to the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, to be heard and may take such evidence in respect of the application as it thinks fit.

(3) If more than one application for translation of the work in the same language or for reproduction of the work or for publication of any unpublished work is pending before the Copyright Board, all such applications shall be considered together.

(4) If the Copyright Board is satisfied that the licence for a translation of the work in the language or for reproduction of the work or for publication of unpublished work, applied for may be granted to the applicant, or if there are more applicants than one, to such one of the applicants, as in the opinion of the Copyright Board, would best serve the interests of the general public, it shall grant a licence accordingly.

(5) Every such licence shall be subject to the conditions provided in sub-section (7) of section 31A, clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of section 32A relating to payment of royalties and shall specify-

(a) the period within which such work shall be published.

(b) the rate at which royalties in respect of the copies of such work sold to the public shall be paid to the owner of the copyright in the work;

(c) in a case of translation of the work, the language in which the translation shall be produced and published; and

(d) the person or persons to whom such royalties shall be payable.

(6) The grant of every such licence shall, as soon as possible, be notified in the Official Gazette and a copy of the licence shall be sent to the other parties concerned.

11D. Manner of determining royalties

The Copyright Board shall determine the royalties payable to the owner of the copyright under sub-section (7) of section 31A, clause (i) of sub-section (4) of section 32 and clause (i) of sub-section (4) of section 32A after taking into consideration,-

(a) the proposed retail price of a copy of such work;

(b) the prevailing standards of royalties in regard to such works; and

(c) such other matters as may be considered relevant by the Copyright Board.

11E. Extension of the period of licence

The Copyright Board may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation or reproduce the work or publish the unpublished work within the period specified in the licence, extend such period.

11F. Cancellation of licence

The Copyright Board may, after giving the licensee an opportunity of being heard, cancel the licence on any of the following grounds namely,-

(a) that the licensee has failed to produce and publish such work within the time specified in the licence or within the time extended on the application of the licensee;

(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;

(c) that the licensee has contravened any of the terms and conditions of the licence.

11G. Notice for termination of licence

Notice for termination of licence under proviso to sub-section (1) or sub-section (2) of section 32B shall be served on the person holding the licence by the owner of copyright in Form 11 B of the First Schedule to these rules.]

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