The owner of the copyright in any existing work of 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.
Section 30A - Application of sections 19 and 19A
1 [30A.Application of sections 19 and 19A.-
The provisions ofsections 19 and 19A shall, with any necessary adaptations and modifications,apply in relation to a licence under seclion 30 as they apply in relation toassignment of copyright in a work.]
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1.Insertedby Act 38 of 1994, section 10 w.e.f. 10-5-1995.
Section 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 re-publish or allow the re-publication 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 1 [broadcast], of such work or in the case of a 2 [sound recording] the work recorded in such 2 [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 re-publish the work, perform the work in public or communicate the work to the public by 1 [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 there upon the Registrar of Copyrights shall grant the licence to the complainant in accordance with the directions of 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 2 [sound recording] 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.
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1. Substituted by Act 23 of 1983, section 2, for "radio-diffusion" w.e.f. 9-8-1984.
2. Substituted by Act 38 of 1994, section 2 for "record" w.e.f. 10-5-1995.
Section 31A - Compulsory licence in unpublished Indian works
1 [31A.Compulsory licence in unpublished Indian works.-
(1) Where, in the caseof an Indian work referred to in sub-clause (iii) of clause (1) of section 2,the author is dead or unknown or cannot be traced, or the owner of thecopyright in such work cannot be lound, any person may apply to the CopyrightBoard for a license to publish such work or a translation thereof in anylanguage.
(2) Before making an applicationunder sub-section (1), the applicant shall publish his proposal in one issue ofa daily newspaper in the English language having circulation in the major partof the country and where the application is for the publication of atranslation in any language, also in one issue of any daily newspaper in thatlanguage.
(3) Every such application shallbe made in such form as may be prescribed and shall be accompanied with a copyof the advertisement issued under sub-section (2) and such fee as may beprescribed.
(4) Where an application is madeto the Copyright Board under this section, it may, after holding such inquiryas may be prescribed, direct the Registrar of Copyrights to grant to theapplicant a licence to publish the work or a translation thereof in thelanguage mentioned in the application subject to the payment of such royaltyand subject to such other terms and conditions as the Copyright Board maydetermine, and thereupon the Registrar of Copyrights shall grant the licence tothe applicant in accordance with the direction of the Copyright Board.
(5) Where a licence is grantedunder this section, the Registrar of Copyrights may, by order, direct theapplicant to deposit the amount of the royalty determined by the CopyrightBoard in the public account of India or in any other account specified by theCopyright Board so as to enable the owner of the copyright or, as the case maybe, his heirs, executors or the legal representatives to claim such royalty atany time.
(6) Without prejudice to theforegoing provisions of this section, in the case of a work referred to insub-section (1), if the original author is dead, the Central Government may, ifit considers that the publication of the work is desirable in the nationalinterest, require the heirs, executors or legal representatives of the authorto publish such work within such period as may be specified by it.
(7) Where any work is notpublished within the period specified by the Central Government undersub-section (6), the Copyright Board may, on an application made by any personfor permission to publish the work and after hearing the parties concerned,permit such publication on payment of such royally as the Copyright Board may,in the circumstances of such case, determine in the prescribed manner.]
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1. Inserted by Act 23 of 1983,section 12 w.e.f. 9-8-1984.
Section 32 - Licence to produce and publish translations
(1) Any person may applyto the Copyright Board for a licence to produce and publish a translation of a literaryor dramatic work in any language [after a period of seven years from the firstpublication of the work].
1 [(1A)Notwithstanding anything contained in sub-section (1), any person may apply tothe Copyright Board for a licence to produce and publish a translation, inprinted 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 aperiod of three years from the first publication of such work, if suchtranslation is required for the purposes of teaching, scholarship or research:
Provided that where suchtranslation is in a language not in general use in any developed country, suchapplication may be made after a period of one year from such publication.]
(2) Every 2 [applicationunder this section] shall be made in such form as may be prescribed and shallstate the proposed retail price of a copy of the translation of the work.
(3) Every applicant for a licenceunder this section shall, along with his application, deposit with theRegistrar of Copyrights such fee as may be prescribed.
(4) Where an application is madeto the Copyright Board under this section, it may, after holding such inquiryas may be prescribed, grant to the applicant a licence, not being an exclusivelicence, to produce and publish a translation of the work in the languagementioned in 3 [the application--
(i) subject to thecondition that the applicant shall pay to the owner of the copyright in thework royalties in respect of copies of the translation of the work sold to thepublic, calculated at such rate as the Copyright Board may, in thecircumstances of each case, determine in the prescribed manner; and
(ii) where such licence is grantedon an application under sub-section(1A), subject also to the condition that thelicence shall not extend to the export of copies of the translation of the workoutside India and every copy of such translation shall contain a notice in thelanguage of such translation that the copy is available for distribution onlyin India:
Provided that nothing in clause(ii) shall apply to export by Government or any authority under the Governmentof copies of such translation in a language other than English, French orSpanish in any country if--
(1) such copies are sent tocitizens of India residing outside India or to any association of such citizensoutside India; or
(2) such copies are meant to beused for purposes of teaching, scholarship or research and not for anycommercial purpose; and
(3) in either case, thepermission for such export has been given by the Government of that country:]
4 [Providedfurther that no licence under this section] shall be granted, unless--
(a) a translation of the work inthe language mentioned in the application has not been published by the ownerof the copyright in the work or any person authorised by him, 5 [within seven years or three years or one year, as thecase may be, of the first publication of the work], or if a translation hasbeen so published, it has been out of print;
(b) the applicant has proved tothe satisfaction of the Copyright Board that he had requested and had beendenied authorisation by the owner of the copyright to produce and publish suchtranslation, or that 6 [he was, after duediligence on his part, unable to find] the owner of the copyright;
(c) where the applicant wasunable to find the owner of the copyright, he has sent a copy of his requestfor 7 [such authorisation by registered air mailpost to the publisher whose name appears from the work, and in the case of anapplication for a licence under sub-section (1)], not less than two monthsbefore 8 [such application];
9 [(cc) aperiod of six months in the case of an application under sub-section (1A) (notbeing an application under the proviso thereto), or nine months in the case ofan application under the proviso to that sub-section, has elapsed from the dateof making the request under clause (b) of this proviso or where a copy of therequest has been sent under clause (c) of this proviso, from the date ofsending of such copy, and the translation of the work in the language mentionedin the application has not been published by the owner of the copyright in thework or any person authorised by him within the said period of six months ornine months, as the case may be;
(ccc) in the case of anyapplication made under sub-section (1A),--
(i) the name of the author andthe tide of the particular edition of the work proposed to be translated areprinted on all the copies of the translation;
(ii) if the work is composed mainlyof illustrations, the provisions of section 32A are also complied with;]
(d) the Copyright Board issatisfied that the applicant is competent to produce and publish a correcttranslation of the work and possesses the means to pay to the owner of thecopyright the royalties payable to him under this section;
(e) the author has not withdrawnfrom circulation copies of the work; and
(f) an opportunity of beingheard is given, wherever practicable, to the owner of the copyright in thework.
10 [(5) Anybroadcasting authority may apply to the Copyright Board for a licence toproduce and publish the translation of--
(a) a work referred toin sub-section (1A) and published in printed or analogous forms of reproduction; or
(b) any text incorporated inaudio-visual fixations prepared and published solely for the purpose ofsystematic instructional activities, for broadcasting suchtranslation for the purposes of teaching or for the dissemination of theresults of specialised, technical or scientific research to the experts in anyparticular field.
(6) The provisions ofsub-sections (2) to (4) in so far as they are relatablc to an application undersub-section (1A), shall, with the necessary modifications, apply to the grantof a licence under sub-section (5) and such licence shall not also be grantedunless--
(a) the translation is made froma work lawfully acquired;
(b) the broadcast is madethrough the medium of sound and visual recordings;
(c) such recording has beenlawfully and exclusively made for the purpose of broadcasting in India by theapplicant or by other broadcasting agency; and
(d) the translation and thebroadcasting of such translation are not used for any commercial purposes.
Explanation,--For the purposesof this section,--
(a) "developedcountry" means a country which is not a developing country;
(b) "developingcountry" means a country which is for the lime being regarded as
such in conformity with thepractice of the General Assembly of the United Nations;
(c) "purposes ofresearch" does not include purposes of industrial research, or purposes ofresearch by bodies corporate (not being bodies corporate owned or controlled byGovernment) or other association or body of persons for commercial purposes;
(d) "purposes of teaching,research or scholarship" includes--
(i) purposes of instructionalactivity at all levels in educational institutions, including Schools,Colleges, Universities and tutorial institutions; and
(ii) purposes of all other typesof organised educational activity.]
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1. Inserted by Act 23 of 1983,section 13 w.e.f. 9-8-1984.
2.Substitutedby Act 23 of 1983, section 13, for "such application" w.e.f. 9-8-1984.
3. Substituted by Act 23 of 1983,section 13, for certain words w.e.f. 9-8-1984.
4. Substituted by Act 23 of 1983,section 13, for "provided that no such licence" w.e.f. 9-8-1984.
5.Substitutedby Act 23 of 1983, section 13, for "within seven years of the first publicationof the work" w.e.f. 9-8-1984.
6.Substitutedby Act 23 of 1983, section 13, for "he was unable to find" w.e.f. 9-8-1984.
7. Substituted by Act 23 of 1983,section 13, for "such authorization to the publisher whose name appears fromthe work" w.e.f. 9-8-1984.
8.Substitutedby Act 23 of 1983, section 13, for "the application for the licence" w.e.f.9-8-1984.
9.Inserted by Act 23 of 1983, section 13 w.e.f.9-8-1984.
10. Inserted by Act 23 of 1983,section 13 w.e.f. 9-8-1984.
Section 32A - Licence to reproduce and publish works for certain purposes
1 [32A. Licenceto reproduce and publish works for certain purposes.-
(1) Where, after theexpiration of the relevant period from the date of the first publication of anedition of a literary, scientific or artistic work,--
(a) the copies of suchedition are not made available in India; or
(b) such copies have not beenput on sale in India for a period of six months, to the general public, or inconnection with systematic instructional activities at a price reasonablyrelated to that normally charged in India for comparable works by the owner ofthe 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 andpublish such work in printed or analogous forms of reproduction at the price aiwhich such edition is sold or at a lower price for the purpose of systematicinstructional activities.
(2) Every suchapplication shall be made in such form as may be prescribed and shall state theproposed retail price of a copy of the work to be reproduced.
(3) Every applicant for alicence under this section shall, along with his application, deposit with the Copyrights,such fee as may be prescribed.
(4) Where an application is madeto the Copyright Board under this section, it may, after holding such inquiryas may be prescribed, grant to the applicant a licence, not being an exclusivelicence, to produce and publish a reproduction of the work mentioned in theapplication subject to the conditions that,--
(i) the applicant shallpay to the owner of the copyright in the work royalties in respect of copies ofthe reproduction of the work sold to the public, calculated at such rate as theCopyright Board may, in the circumstances of each case, determine in theprescribed manner;
(ii) a licence granted underthis section shall not extend to the export of copies of the reproduction ofthe work outside India and every copy of such reproduction shall contain anotice that the copy is available for distribution only in India:
Provided that no such licenceshall be granted unless--
(a) the applicant has proved to thesatisfaction of the Copyright Board that he had requested and had been deniedauthorisation by the owner of the copyright in the work to reproduce andpublish such work or that he was, after due diligence on his part, unable tofind such owner;
(b) where the applicant wasunable to find the owner of the copyright, he had sent a copy of his requestfor such authorisation by registered airmail post to the publisher whose nameappears from the work not less than three months before the application for thelicence;
(c) the Copyright Board issatisfied that the applicant is competent to reproduce and publish an accuratereproduction of the work and possesses the means to pay to the owner of thecopyright the royalties payable to him under this section;
(d) the applicant undertakes toreproduce and publish the work at such price as may be fixed by the CopyrightBoard, being a price reasonably related to the price normally charged in Indiafor works of the same standard on the same or similar subjects;
(e) a period of six months inthe case of an application for the reproduction and publication of any work ofnatural science, physical science, mathematics or technology, or a period ofthree months in the case of an application for the reproduction and publicationof 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 thedate of sending of a copy, and a reproduction of the work has not beenpublished by the owner of the copyright in the work or any person authorised byhim within the said period of six months or, three months, as the case may be;
(f) the name of the author andthe title of the particular edition of the work proposed to be reproduced areprinted on all the copies of the reproduction;
(g) the author has not withdrawnfrom circulation copies of the work; and
(h) an opportunity of beingheard is given, wherever practicable, to the owner of the copyright in thework.
(5) No licence toreproduce and publish the translation of a work shall be granted under thissection unless such translation has been published by the owner of the right oftranslation to any person authorised by him and the translation is not in alanguage in general use in India.
(6) The provisions of thissection shall also apply to the reproduction and publication, or translationinto a language in general use in India, of any text incorporated in audiovisualfixations prepared and published solely for the purpose of systematicinstructional activities.
Explanation.--For the purposesof this section, "relevant period", in relation to any work, means aperiod of-
(a) seven years from thedate of the first publication of that work, where the application is for thereproduction and publication of any work of, or relating to, ficlion, poetry,drama, music or art;
(b) three years from the date ofthe first publication of that work, where the application is for thereproduction and publication of any work of, or relating to, natural science,physical science, mathematics or technology; and
(c) five years from the date ofthe first publication of that work, in any other case.
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1. Inserted by Act 23 of 1983, section 14 w.e.f. 9-8-1984.
Section 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 thereafter 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 subslantially 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 fake effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on fhe 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 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 the licence by the owner of the right of reproduction inlimating 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.]