THE COPYRIGHT RULES, 2013
[As amended by the Copyright (Amendment) Rules, 2021]
17. Application for license. —
(1) An application for a licence under section 31B to publish any work in any format useful for person with disability shall be made in Form V and shall be accompanied by the fee specified in the Second Schedule.
(2) Every such application shall be made in respect of one work only.
18. Notice of application.—
(1) A copy of application under rule 17 shall be served by through electronic means or registered post 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 by through electronic means or registered post on the publisher whose name appears on the work.
(2) The Board shall give an opportunity of being heard to the owner of the copyright and the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, and shall take such evidence in respect of the application, as it deem fit.
(3) If the Board is satisfied that the licence for publication of the work in the format applied for may be granted to the applicant, or if there are more applicants than one, to such of the applicants, as, in the opinion of the Board, would best serve the interest of the disabled persons, it shall direct the Registrar of Copyrights to grant licence accordingly.
(4) Every such licence shall specify:
(a) the period within which such work shall be published;
(b) the medium and format in which the work shall be produced and published;
(c) the number of copies that shall be produced;
(d) the rate at which royalties in respect of the copies of such work sold to the disabled persons shall be paid to the owner of the copyright in the work; and
(e) the person to whom such royalties shall be payable.
(5) The grant of every such licence shall, as soon as possible, be published in journal and the website of the Copyright Office and the Board and a copy of the licence shall be sent to the other parties concerned.
19. Manner of determining royalties.—
The Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 31B. The Board may while determining royalty shall take into consideration the following:—
(a) the proposed price at which a copy of such work shall be made available to disabled persons;
(b) the prevailing standards of royalties in regard to such works taking into consideration;
(c) the cost involved in making the accessible formats for the disabled person; and
(d) such other matters as may be considered relevant by the Board.
20. Extension of the period of license.—
The 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 work within the period specified in the licence, extend such period.
21. Cancellation of license. —
The Board may, after giving an opportunity of being heard to the licensee, 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;
(d) the owner of the copyright has satisfied the requirement of the disabled person by publishing in the same format with same or lower price for which compulsory licence was granted.
22. Notice for termination of licence.—
Notice for termination of licence granted under sub-section (3) of section 31B shall be served on the person holding the licence by the owner of copyright in Form IV.