15.3.1 (LICENCES)

Licence by owners of copyright. Section 30 provides that 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. But 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.

15.3.2 Compulsory licence in works withheld from public. Section 31 provides that at any time during the term of copyright in any Indian work which has been published or performed in public a complaint may be made to the Copyright Board that the owner of copyright in the work (a) has refused to re-publish 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.

Then the Copyright Board, after giving 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 of 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. The licence may contain any terms and conditions the Copyright Board may determine and the compensation payable to the owner of the copyright.

15.3.3 Compulsory Licence in unpublished Indian works (s.31A). Where in the case of an Indian work, 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 translation thereof in any language. Before making an application 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 publish his proposal in one issue of any daily newspaper in that language.

where an application is made to the Copyright Board, it may, 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 determined. Thereupon the Registrar of copyright shall grant the licence to the applicant.

15.3.4 Licence to produce and publish translation (s. 32). 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 after a period of z years for the first publication of the work. Also, an application may be made for a licence to translate foreign literary or dramatic work, after three years from its publication. Every application shall state the proposed retail price of copy of the translation of ttre work.

The Copyright Board may, after holding such inquiry as maybe 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 the application.