Under Section 31B, of the Copyright Act, any person working for benefit of disabled person can seek the license from the board. It is significant that this license can be sought even with profit or business purpose. The Board may after hearing the owner of work grant license for benefit of disabled person. Under Section 31C of the Copyright Act, any person desirous of making a cover version of a sound recording may apply to the Board for publishing in the same medium in which the original version was published.
Such an application can be filed after expiry of 5 years from first publication. The applicant desirous of obtaining the cover version should ensure that it is not mistaken as the original version the owner of the work and changes are not made to lyrics or music unless technically necessary. A broadcasting organization may communicate a musical work or sound recording by paying royalties fixed by the Board. The rate of royalties may be different for radio and television broadcast.
Under Sectio 32 of the Copyright Act, any person may seek the license to publish the translation of a literary or dramatic work. Such a license may be sought after the expiry of seven years for an Indian work, after three years of a foreign work and after one year when translated language is not in common use in a developed country.
The Board may after hearing the owner grant such permission subject to payment of royalties. Certain other condition like the owner not having published the translation is to be satisfied. This license can be sought by broadcasting organization for a foreign work for the purpose of teaching or research in any field. In case of literary, scientific, or artistic work, if an edition is not available or any copies are not sold for six months, and such work is not available at a reasonable price when compared to works of similar nature, any person can seek a license from Copyright Board.
Certain conditions like seeking the voluntary license from the owner of the work have to be exhausted prior to seeking this license. When the owner of a work publishes a translation of a work or any edition of a work for which compulsory license was granted by the Board, this license shall be terminated on expiry of three months.
However, the license may exhaust all stock which was produced prior to the expiry of notice period. The locus of the complainant is a question to be decided by the Board.
The complainant will have to show the resources to republish the work or broadcast the work on such license being granted. This may be the first threshold to be crossed by the complainant. The ability of the complainant will be tested by the Board as well as the Registrar of Copyright.
Going by the judicial hierarchy of the Board and Registrar, the ability to exploit the work will be tested by Registrar only in case of persons who had not been before the Board or the Board has left it to the Registrar after taking a prima facie view.
Facebook LinkedIn WhatsApp. Related Posts. Even after this, no action is taken in this regard within the prescribed period, the board will on an application of any being granted the permission. As per the provision, anyone may approach the copyright board, for issuance of a compulsory license to publish a work that is withheld from the public by the copyright owner.
However, before coming to the Copyright Board, the applicant should have approached the copyright owner first for a license to republish or perform the work and the copyright owner should have unreasonably rejected the request of the complainant. Under Section 31B, of the Copyright Act, any person who is working for the benefit of a disabled person can seek the license from the board.
Significantly, this license can be sought even with profit or business purposes. The Board may after hearing the owner of the work grant license for the benefit of the disabled person. In case of unpublished works of untraceable or dead authors, anyone may reach to the Copyright Board for a license to showcase, communicate or publish to the public such works or translations thereof.
However, before making any application, the applicant should comply with his legal formalities of publishing his proposal in a national newspaper having the biggest coverage in that area. Any person or non-profit organisation working for the development of the disabled may reach to the Copyright Board for a compulsory license to publish any creativity or work in a convenient format for the disabled. Under Section 31C of the Copyright Act, any person having the intention of creating a cover version of a sound recording may give application to the Board for broadcasting in the same medium in which the original version was recorded.
This application can be filed after the completion of 5 years from the first publication. The person desirous of obtaining the cover version should be very much clear that it should not be mistaken as the original version.
A broadcasting organization may communicate a musical creativity or sound recording by paying royalties fixed by the Board. The rate of royalties could vary for radio and television broadcast. Section 31C of the Copyright Act states for the permit of statutory licenses for making cover versions of any sound recordings.
This section particularly asks the Copyright Board to set the minimum amount of royalty to be paid for the creation of such a version. Under Section 32 of the Copyright Act, any person may apply the license to publish the translation of a literary or dramatic work.
Such a license may be limited to the expiry of seven years for an Indian work and after three years in case of foreign work and after one year when translated language is not in very popular use or not getting enough use in a developed country.
The Board may after hearing the owner grant such permission for the payment of royalties. Certain other conditions should also be kept in mind as the creator has not published the translation and needs to be satisfied. This license can be obtained by broadcasting organization for a foreign word for teaching or research in any field. When the creator of the work gives another translation of work or any edition of a work for which compulsory license was granted by the Board, this license shall be valid till the expiry of three months.
However, the license may exhaust all stock which was produced before the expiry of license. This license issued by the Copyright Board allows the applicant after the applicant pays fees a prefixed royalty to produce and publish a translation of literary or dramatic work, after seven years of publication of said work. Keep in mind, that this licensing does not cover the cinematographic films and sound recordings. If the case is of literary, scientific, or artistic work, if the version is not available or any copies are not sold in the six months, and work is not reaching to the public at a reasonable price when compared to works of similar nature, any person can seek a license from the Copyright Board.
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