31.(1) If at any time during the term of copyright in any work which has been published
•or performed in public, a complaint is made to the Appellate 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 sound recording the work recorded in such sound recording, on
•terms which the complainant considers reasonable,
•the Appellate 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 Appellate Board may determine; and thereupon the Registrar of
•Copyrights shall grant the licence to such person or persons who, in the opinion of the
•Appellate Board, is or are qualified to do so in accordance with the directions of the 7
•[Appellate Board], on payment of such fee as may be prescribed.
31A.( 1) Where, in the case of any unpublished work or any work published or
•communicated to the public and the work is withheld from the public in India, 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 6 [Appellate Board] for a licence to publish or communicate
•to the public 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 Appellate 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 6 [Appellate Board] may determine, and thereupon the Registrar of
•Copyrights shall grant the licence to the applicant in accordance with the direction of the
•6 [Appellate 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
•6 [Appellate Board] in the public account of India or in any other account specified by the
•Compulsory
•licence in
•works withheld
•from public.
•Compulsory
•licence in
•unpublished or
•published
works.
•28
•6 [Appellate 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 6 [Appellate 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 6 [Appellate Board] may, in the
•circumstances of such case, determine in the prescribed manner.
31B.(1) Any person working for the benefit of persons with disability on a profit basis
•or for business may apply to the Appellate Board, in such form and manner and accompanied
•by such fee as may be prescribed, for a compulsory licence to published any work in which
•copyright subsists for the benefit of such persons, in a case to which clause ( zb) of
•sub-section (1) of section 52 does not apply and the 6 [Appellate Board] shall dispose of
•such application within a period of two months from the receipt of the application.
(2)The Appellate Board may, on receipt of an application under sub-section ( 1),
•inquire, or direct such inquiry as it considers necessary to establish the credentials of the
•applicant and satisfy itself that the application has been made in good faith.
(3)If the Appellate Board is satisfied, after giving to the owners of rights in the work a
•reasonable opportunity of being heard and after holding such inquiry as it may deem necessary,
•that a compulsory licence needs to be issued to make the work available to the disabled, it
•may direct the Registrar of Copyright to grant to the applicant such a licence to publish the
work.
(4)Every compulsory licence issued under this section shall specify the means and
•format of publication, the period during which the compulsory licence may be exercised and,
•in the case of issue of copies, the number of copies that may be issued including the rate or
•royalty:
•Provided that where the 1 [Appellate Board] issued such a compulsory licence it may,
•on a further application and after giving reasonable opportunity to the owners of rights,
•extend the period of such compulsory licence and allow the issue of more copies as it may
•deem fit.
31C.(1) Any person desirous of making a cover version, being a sound recording in
•respect of any literary, dramatic or musical work, where sound recordings of that work have
•been made by or with the licence or consent of the owner of the right in the work, may do so
•subject to the provisions of this section:
•Provided that such sound recordings shall be in the same medium as the last recording,
•unless the medium of the last recording is no longer in current commercial use.
(2)The person making the sound recordings shall give prior notice of his intention to
•make the sound recordings in the manner as may be prescribed, and provide in advance
•copies of all covers or labels with which the sound recordings are to be sold, and pay in
•advance, to the owner of rights in each work royalties in respect of all copies to be made by
•him, at the rate fixed by the 1 [Appellate Board] in this behalf:
•Provided that such sound recordings shall not be sold or issued in any form of packaging
•or with any cover or label which is likely to mislead or confuse the public as to their identity,
•and in particular shall not contain the name or depict in any way any performer of an earlier
•sound recording of the same work or any cinematograph film in which sound recording was
•incorporated and, further, shall state on the cover that it is a cover version made under this
section.
•Compulsory
•licence for
•benefit of
disabled.
•Statutory
•licence for
•cover versions.
•29
(3)The person making such sound recordings shall not make any alteration in the
•literary or musical work which has not been made previously by or with the consent of the
•owner of rights, or which is not technically necessary for the purpose of making the sound
•recordings:
•Provided that such sound recordings shall not be made until the expiration of five
•calendar years after the end of the year in which the first sound recordings of the work was
made.
(4)One royalty in respect of such sound recordings shall be paid for a minimum of fifty
•thousand copies of each work during each calendar year in which copies of it are made:
•Provided that the 1 [Appellate Board] may, by general order, fix a lower minimum in
•respect of works in a particular language or dialect having regard to the potential circulation
•of such works.
(5)The person making such sound recordings shall maintain such registers and books
•of account in respect thereof, including full details of existing stock as may be prescribed and
•shall allow the owner of rights or his duly authorised agent or representative to inspect all
•records and books of account relating to such sound recording:
•Provided that if on a complaint brought before the 1 [Appellate Board] to the effect
•that the owner of rights has not been paid in full for any sound recordings purporting to be
•made in pursuance of this section, the 1 [Appellate Board] is, prima facie, satisfied that the
•complaint is genuine, it may pass an order ex parte directing the person making the sound
•recording to cease from making further copies and, after holding such inquiry as it considers
•necessary, make such further order as it may deem fit, including an order for payment of
royalty.
•Explanation .—For the purposes of this section “cover version” means a sound
•recording made in accordance with this section.
31D.(1) Any broadcasting organisation desirous of communicating to the public by
•way of a broadcast or by way of performance of a literary or musical work and sound
•recording which has already been published may do so subject to the provisions of this
section.
(2)The broadcasting organisation shall give prior notice, in such manner as may be
•prescribed, of its intention to broadcast the work stating the duration and territorial coverage
•of the broadcast, and shall pay to the owner of rights in each work royalties in the manner
•and at the rate fixed by the Appellate Board.
(3)The rates of royalties for radio broadcasting shall be different from television
•broadcasting and the 1 [Appellate Board] shall fix separate rates for radio broadcasting and
•television broadcasting.
(4)In fixing the manner and the rate of royalty under sub-section ( 2), the Appellate
•Board may require the broadcasting organisation to pay an advance to the owners of rights.
(5)The names of the authors of the principal performers of the work shall, except in
•case of the broadcasting organisation communicating such work by way of performance, be
•announced with the broadcast.
(6)No fresh alteration to any literary or musical work, which is not technically necessary
•for the purpose of broadcasting, other than shortening the work for convenience of broadcast,
•shall be made without the consent of the owners of rights.
(7)The broadcasting organisation shall—
(a)maintain such records and books of account, and render to the owners of
•rights such reports and accounts; and
(b)allow the owner of rights or his duly authorised agent or representative to
•inspect all records and books of account relating to such broadcast,
•in such manner as may be prescribed.
•Statutory
•licence for
•broadcasting of
•literary and
•musical works
•and sound
recording.
•30
(8)Nothing in this section shall affect the operation of any licence issued or any
•agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.
