Copyright Act,1957
Act No : 14
Section :
Compulsory licence in works withheld from public.
31. (1)Compulsory licence in works withheld from public. 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 republish or allow the republication 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 broadcast of such work or in the case of a record the work recorded in such record, 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 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 deter- mine ; 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 record 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. 31A. (1)Compulsory licence in unpublished Indian works. Where, in the case of an Indian work referred to in Sub-clause (iii) of clause (l) 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 news- paper 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 Copyrights 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. --------------------------------------------------------------------- 1 Subs. by Act 23 of 1983, s.2 (w.e.f. 9.8.1984) 2 Ins. by s.12, ibid. (w.e.f. 9.8.1984) --------------------------------------------------------------------- 22
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