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CHAPTER 4 – COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC

BananaIP Counsels > THE COPYRIGHT RULES > CHAPTER 4 – COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC

CHAPTER 4 – COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC

6. Application for licence.— 

 

(1) An application for a licence under section 31 to re- publish the work or perform the work in public or communicate the work to the public by broadcast shall be made in Form II 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.

 

(3) Every application to re-publish the work or perform the work in public shall be accompanied with adequate evidence to show that the owner of copyright has refused to re-publish or has allowed the re-publication of the work or has refused to allow the performance of the work in public, and the reasons for such refusal.

 

(4) Every application for communication of the work to the public by broadcast shall be accompanied with adequate evidence along with reasons or grounds to show that the owner of copyright has refused to allow

 

(a) the communication of work by broadcast to the public; or

 

(b) in the case of sound recording, the reasons for the applicant to consider the terms unreasonable

 

7. Notice of application.— 

 

(1) A copy of application under rule 6 along with the documents relied upon shall be served on the owner of the copyright by registered post.

 

(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 deems fit.

 

(3) The Board may, if satisfied, direct the Registrar of Copyright to grant licence applied for to the applicant or, if there are more than one, to such of the applicants as, in the opinion of the Board, would best serve the interest of the general public.

 

(4) Every such licence shall be subject to the conditions provided in section 31 including the payment of compensation or royalties and shall specify

 

(a) the period for which the licence has been granted;

 

(b) the quantum of compensation or the rate at which royalties are to be paid to the owner of the copyright in the work; and

 

(c) such other terms and conditions as the Board may deems fit.

 

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

 

8. Manner of determining compensation or royalties.— 

 

The Board shall determine the quantum of compensation or royalties payable to the owner of the copyright under section 31. The Board may while determining quantum of compensation or royalty shall take into consideration

 

(i) in case of re-publishing the work or performing the work in public

 

(a) the proposed retail price of a copy of the work or rate on which the work is performed in public;

 

(b) the prevailing standards of royalties with regard to publication of works or performance of the work in public; and

 

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

 

(ii) in case of communication of any work to the public by broadcast

 

(a) time slot in which the broadcast takes place and different rates for different time slot including the repeat broadcast;

 

(b) different rates for different classes of works;

 

(c) the prevailing standards of royalties payable in this regard for such works; and

 

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

9. Extension of the period of licence.— 

 

The Board may, on the application of the licensee and after notice to the owner of copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to re-publish the work or perform the work in public or communication of the work to public by broadcast within the period specified in the licence, extend such period.

 

10. Cancellation of licence.- 

 

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 re-publish the work or perform the work in public or communication of the work to public by broadcast 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; and

 

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

 

 

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