CHAPTER VI LICENCES

17/01/2011 17:36

 CHAPTER VI

LICENCES

30.Licences by owners of copyright.- 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:

Provided that 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.

Explanation.- Where a person to whom a licence relating to copyright in any future work is granted

under this section dies before the work comes into existence, his legal representatives shall, in the

absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

75

 30A. Application of sections 19and 19A.-The provisions of sections 19 and 19A shall, with any

necessary adaptations and modifications, apply in relation to a licence under section 30 as they

apply in relation to assignment of copyright in a work.

31. Compulsory licence in works withheld from public.-(1) 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

76

[broadcast], of such work or in the case of

77

[sound recording] the work recorded in such [sound recording], 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 determine; 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.Compulsory licence in unpublished Indian works.-(1) Where, in the case of an Indian work

referred to in sub-clause (iii) of clause (a) 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 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 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.]

32.Licence to produce and publish translations.- (1) 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 2[after a period of seven years from the first publication of the work].

(1A)

80

Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright

Board for a licence to produce and publish a translation, in printed or analogous forms of

reproduction, of a literary or dramatic work, other than an Indian work, in any language in general

use in India after a period of three years from the publication of such work, if such translation is

required for the purposes of teaching, scholarship or research:

Provided that where such translation is in a language not in general use in any developed country,

such application may be made after a period of one year from such publications.]

(2) Every

81

[application under this section] shall be made in such form as may be prescribed and

shall state the proposed retail price of a copy of the translation of the work.

(3) Every applicant for a licence under this section shall, along with his application, deposit with the

Registrar of Copyrights 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, 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

82

[the application-

(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work

royalties in respect of copies of the translation of the work sold to the public, calculated at such rate

as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner; and

(ii) where such licence is granted on an application under sub-section (1A), subject also to the

condition that the licence shall not extend to the export of copies of the translation of the work

outside India and every copy of such translation shall contain a notice in the language of such

translation that the copy is available for distribution only in India:

Provided that nothing in clause (ii) shall apply to the export by Government or any authority under

the Government of copies of such translation in a language other than English, French or Spanish to

any country if-

(1) such copies are sent to citizens of India residing outside India or to any association of such

citizens outside India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for

any commercial purpose; and

(3) in either case, the permission for such export has been given by the Government of that country]

83

[Provided further that no licence under this section] shall be granted, unless-

(a) a translation of the work in the language mentioned in the application has not been published by

the owner of the copyright in the work or any person authorised by him,

82

[within seven years or

three years or one year, as the case may be, of the first publication of the work], or if a translation

has been so published, it has been out of print;

(b) the applicant has proved to the satisfaction of the Copyright Board that he had requested and

had been denied authorisation by the owner of the copyright to produce and publish such translation,

or that

84

[he was, after due diligence on his part, unable to find] the owner of the copyright;

(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his

request for

85

[such authorisation by registered air mail post to the publisher whose name appears

from the work, and in the case of an application for a licence under sub-section (1)], not less than

two months before

85

[such application];

[(cc)

84

 a period of six months in the case of an application under sub-section (1A) (not being an

application under the proviso thereto), or nine months in the case of an application under the proviso

to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso,

or where a copy of the request has been sent under clause (c) of this proviso, from the date of

sending of such copy, and the translation of the work in the language mentioned in the application

has not been published by the owner of the copyright in the work or any person authorised by him

within the said period of six months or nine months, as the case may be;

(ccc) in the case of any application made under sub-section (1A),-

(i) the name of the author and the title of the particular edition of the work proposed to be translated

are printed on all the copies of the translation;

(ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied

with;]

(d) the Copyright Board is satisfied that the applicant is competent to produce and publish a correct

translation of the work and possesses the means to pay to the owner of the copyright the royalties

payable to him under this section;

(e) the author has not withdrawn from circulation copies of the work; and

(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work.

[(5)

84

Any broadcasting authority may apply to the Copyright Board for a licence to produce and

publish the translation of-

(a) a work referred to in sub-section (1A) and published in printed or analogous forms of

reproduction; or

(b) any text incorporated in audio-visual fixations prepared had published solely for the purpose of

systematic instructional activities, for broadcasting such translation for the purposes of teaching or

for the dissemination of the results of specialised, technical or scientific research to the experts in

any particular field.

(6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under

sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under subsection (5) and such licence shall not also be granted unless-

(a) the translation is made from a work lawfully acquired;

(b) the broadcast is made through the medium of sound and visual recordings;

(c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India

by the applicant or by any other broadcasting agency; and

(d) the translation and the broadcasting of such translation are not used for any commercial

purposes.Explanation.- For the purposes of this section,-

(a) "developed country" means a country which is not a developing country;

(b) "developing country" means a country which is for the time being regarded as such in conformity

with the practice of the General Assembly of the United Nations;

(c) "purposes of research" does not include purposes of industrial research, or purposes of research

by bodies corporate (not being bodies corporate owned or controlled by Government) or other

associations or body of persons for commercial purposes;

(d) "purposes of teaching, research or scholarship" includes-

(i) purposes of instructional activity at all levels in educational institutions, including Schools,

Colleges, Universities and tutorial institutions; and

(ii) purposes of all other types of organised educational activity.]

[32A.Licence to reproduce and publish works for certain purposes.-

86

(1) Where, after the

expiration of the relevant period from the date of the first publication of an edition of a literary,

scientific or artistic work,-

(a) the copies of such edition are not made available in India; or

(b) such copies have not been put on sale in India for a period of six months to the general public, or

in connection with systematic instructional activities at a price reasonably related to that normally

charged in India for comparable works by the owner of the right of reproduction or by any person

authorised by him in this behalf, any person may apply to the Copyright Board for a licence to

reproduce and publish such work in printed or analogous forms of reproduction at the price at which

such edition is sold or a lower price for the purposes of systematic instructional activities.

(2) Every such application shall be made in such form as may be prescribed and shall state the

proposed retail price of a copy of the work to be reproduced. (3) Every applicant for a licence under this section shall, along with his application, deposit with the

Registrar of Copyrights 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, grant to the applicant a licence, not being an exclusive licence, to

produce and publish a reproduction of the work mentioned in the application subject to the

conditions that,-

(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of

the reproduction of the work sold to the public, calculated at such rate as the Copyright Board may,

in the circumstances of each case, determine in the prescribed manner;

(ii) a licence granted under this section shall not extend to the export of copies of the reproduction of

the work outside India and every copy of such reproduction shall contain a notice that the copy is

available for distribution only in lndia :

Provided that no such licence shall be granted unless-

(a) the applicant has proved to the satisfaction of the Copyright Board that he had requested and

had been denied authorisation by the owner of the copyright in the work to reproduce and publish

such work or that he was, after due diligence on his part, unable to find such owner;

(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his

request for such authorisation by registered airmail post to the publisher whose name appears from

the work not less than three months before the application for the licence;

(c) the Copyright Board is satisfied that the applicant is competent to reproduce and publish an

accurate reproduction of the work and possesses the means to pay to the owner of the copyright the

royalties payable to him under this section;

(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the

Copyright Board, being a price reasonably related to the price normally charged in India for works of

the same standard on the same or similar subjects;

(e) a period of six months in the case of application for the reproduction and publication of any work

of natural science, physical science, mathematics or technology, or a period of three months in the

case of an application for the reproduction and publication of any other work, has elapsed from the

date of making the request under clause (a), or where a copy of the request has been sent under

clause (b), from the date of sending of a copy, and a reproduction of the work has not been

published by the owner of the copyright in the work or any person authorised by him within the said

period of six months or, three months, as the case may be;

(f) the name of the author and the title of the particular edition of the work proposed to be

reproduced are printed on all the copies of the reproduction;

(g) the author has not withdrawn from circulation copies of the work; and

(h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the

work.

(5) No licence to reproduce and publish the translation of a work shall be granted under this section

unless such translation has been published by the owner of the right of translation or any person

authorised by him and the translation is not in a language in general use in India.

(6) The provisions of this section shall also apply to the reproduction and publication, or translation

into a language in general use in India, of any text incorporated in audio-visual fixations prepared

and published solely for the purpose of systematic instructional activities. Explanation.- For the purposes of this section, "relevant period", in relation to any work, means a

period of-

(a) seven years from the date of the first publication of that work, where the application is for the

reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;

(b) three years from the date of the first publication of that work, where the application is for the

reproduction and publication of any work of, or relating to, natural science, physical science,

mathematics or technology; and

(c) five years from the date of the first publication of that work, in any other case.

32B. Termination of licences issued under this chapter.-(1) If, at any time after the granting of a

licence to produce and publish the translation of a work in any language under sub-section (1A) of

section 32 (hereafter in this sub-section referred to as the licensed work), the owner of the copyright

in the work or any person authorised by him publishes a translation of such work in the same

language and which is substantially the same in content at a price reasonably related to the price

normally charged in India for the translation of works of the same standard on the same or similar

subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months

from the date of service of a notice in the prescribed manner on the person holding such licence by

the owner of the right of translation intimating the publication of the translation as aforesaid:

Provided further that copies of the licensed work produced and published by the person holding such

licence before the termination of the licence takes effect may continue to be sold or distributed until

the copies already produced and published are exhausted.

(2) If, at any time after the granting of a licence to produce and publish the reproduction or

translation of any work under section 32A, the owner of the right of reproduction or any person

authorised by him sells or distributes copies of such work or a translation thereof, as the case may

be, in the same language and which is substantially the same in content at a price reasonably

related to the price normally charged in India for work of the same standard on the same or similar

subject, the licence so granted shall be terminated:

Provided that no such termination shall take effect until after the expiry of a period of three months

from the date of service of a notice in the prescribed manner on the person holding the licence by

the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of

work as aforesaid:

Provided further that any copies already reproduced by the licensee before such termination takes

effect may continue to be sold or distributed until the copies already produced are exhausted.]

75. Ins. by Act 38 of 1994, s. 30. )

76. Subs. by Act 23 of 1983, s. 2 for "radio-diffusion" (w.e.f. 9-8-1984)

77. Subs. by Act 38 of 1994, s. 2 for "record"

78. Lins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).

79. Subs. by Act 38 of 1994, s. 12 (w.e.f. 9-8-1984).

80. Ins. by S. 13, ibid. (w.e.f. 9-8-1984).

81. Subs. by Act 23 of 1983, for "such application" (w.e.f. 9-8-1984).

82. Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).

83. Subs. by s. 13, ibid., for "Provided that no such licence" (w.e.f. 9-8-1984).

84. Ins. by s.13, ibid (w.e.f. 9-8-94).

85. Subs. by Act 23 of 1983, s. 13 for certain words (w.e.f. 9-8-94).

86. Ins. by Act 23 of 1983, s. 14 (w.e.f. 9-8-1984).INDIAN COPYRIGHT ACT, 1957 

News

This section is empty.

Poll

सीबीआई को काम करने दीजिए

yes (1,423)
no (9)

Total votes: 1435

News

03/01/2011 19:56
 जयपुर। राजस्थान आतंकवाद निरोधी दस्ते (एटीएस) ने अजमेर ब्लास्ट के संदिग्ध आतंककारियों को पकड़ने के लिए पांच लाख रूपए का इनाम रखने का प्रस्ताव दिया है। एटीएस ने इस संदर्भ में राजस्थान गृह विभाग से अपील की है कि वो अजमेर ब्लास्ट में शामिल तीन संदिग्ध आतंकियों पर पांच लाख रूपए का इनाम रखे जाने की घोषणा करे।  एटीएस के अतिरिक्त एसपी सत्येन्द्र सिंह ने सोमवार को बताया कि 'हमने राज्य गृह विभाग के समक्ष तीन आतंकियों जयंत भाई, रमेश गोहिल और मफत भाई की सूचना देने वाले को पांच-पांच लाख...
Items: 5 - 5 of 33
<< 3 | 4 | 5 | 6 | 7 >>