Intellectual
Property Rights
Copyright Rules, 1958
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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