Simple Meaning: A “licence” is permission to use a work. Unlike an assignment (which is a sale), a licence means the original author still owns the copyright.
Section 30: Licences by owners of copyright
The Rule: The owner of a copyright can grant a licence (permission) to any person.
Key Point: A licence, just like an assignment, must be in writing and signed to be valid.
Explanation: If the person getting the licence (licensee) for a future work dies before the work is made, their legal heirs get the benefit of the licence.
Section 30A: Application of [section 19]
Simple Meaning: This says that all the protective rules for assignments in Section 19 (like it must be in writing, must state duration/territory, it lapses after 1 year if unused, etc.) also apply to licences.
Section 31: Compulsory licence in works withheld from public
Simple Meaning: This is a “compulsory” licence. It’s a way for the law to step in if a copyright owner is refusing to make a work available to the public, and that refusal is “not reasonable.”
Section 31(1): If a work has been published or performed, but the owner:
(a) Has refused to let it be republished or performed, and because of this, the work is “withheld from the public”; OR
(b) Has refused to let it be broadcast on “reasonable terms”…
The Process:
A person (“complainant”) can complain to the Appellate Board.
The Board holds an inquiry and gives the owner a chance to be heard.
If the Board is satisfied that the owner’s refusal is not reasonable, it can force the owner to grant a licence.
It directs the Registrar of Copyrights to grant a “compulsory licence” to the complainant, subject to payment (compensation) to the owner, as determined by the Board.
Practical Example: A vital, groundbreaking academic book is out of print. The author’s heirs refuse to republish it for personal reasons. A university could complain to the Board, which might grant the university a compulsory licence to republish a new edition for students, provided they pay a fair royalty to the heirs.
Section 31A: Compulsory licence in unpublished or published works
Simple Meaning: This is a compulsory licence for “orphan works”—where the author is dead, unknown, or cannot be found.
Section 31A(1): If a work is unpublished (or published but withheld) and the author is dead, unknown, or can’t be traced, any person can apply to the Board for a licence to publish it or translate it.
The Process: The applicant must first advertise their proposal in a national newspaper. The Board then holds an inquiry and can grant a licence.
Section 31A(5): The Board will direct the applicant to deposit the royalties in a public account, so that if the owner or their heirs ever show up, they can claim the money.
Section 31B: Compulsory licence for benefit of disabled
Simple Meaning: This allows people to make “accessible format” copies for people with disabilities (e.g., audiobooks, Braille copies) without permission, if it’s for non-profit. This section is for when you want to do it for-profit or “for business.”
Section 31B(1): A person working for-profit or for business can apply to the Board for a compulsory licence to make accessible format copies.
Section 31B(3): The Board will hold an inquiry, and if satisfied, can direct the Registrar to grant the licence.
Section 31B(4): The licence will specify the format, number of copies, and the royalty rate to be paid to the copyright owner.
Section 31C: Statutory licence for cover versions
Simple Meaning: This is a “statutory” licence. You don’t need to ask the Appellate Board; you just have to follow the rules. This section allows anyone to make a “cover version” of a song.
Section 31C(1): The Right
The Rule: Any person can make a “cover version” (a new sound recording) of a song, as long as sound recordings of that song have already been made with the original owner’s consent.
Proviso: The cover must be in the same medium as the last recording (e.g., an MP3), unless that medium is no longer in “current commercial use.”
Section 31C(2): The Conditions (MUST be followed)
Prior Notice: You must give prior notice of your intention.
Show Labels: You must provide copies of all covers and labels you will use.
Pay in Advance: You must pay the royalties in advance to the owner, at the rate fixed by the Board.
No Misleading: The cover/label cannot mislead the public. It cannot use the name or picture of the original singer. It must state clearly on the cover “This is a cover version made under Sec 31C.”
Section 31C(3): Alterations
The Rule: You cannot make any alteration to the “literary or musical work” (the lyrics or melody) that hasn’t been made before, or isn’t “technically necessary.”
Proviso (Cooling-off Period): You cannot make a cover version until 5 calendar years have passed since the end of the year in which the first sound recording of that song was made.
Section 31D: Statutory licence for broadcasting of literary and musical works and sound recording
Simple Meaning: This is another “statutory” licence, this time for Radio and TV Broadcasters. It allows them to broadcast any published song or sound recording without getting permission from each copyright owner individually, as long as they follow the rules.
Section 31D(1): The Right
The Rule: Any “broadcasting organisation” (e.g., a radio station) can communicate to the public (broadcast) any published literary, musical, or sound recording.
Section 31D(2): The Conditions
Prior Notice: The broadcaster must give prior notice of its intention to broadcast the work.
Pay Royalties: The broadcaster must pay royalties to the owners at the rate fixed by the Appellate Board.
Section 31D(3): The Board must fix separate rates for radio vs. television.
Section 31D(5): Must Give Credit: The broadcaster must announce the names of the authors and principal performers (unless it’s a performance).
Section 31D(6): Alterations: The broadcaster cannot make alterations, other than “shortening the work for convenience of broadcast.”
Section 31D(7): Keep Records: The broadcaster must maintain detailed records and accounts and allow the owners to inspect them (so they can calculate the royalties owed).
Section 32: Licence to produce and publish translations
Simple Meaning: This is a compulsory licence for making translations of works.
Section 32(1): The General Rule
The Rule: Any person can apply to the Board for a licence to translate a literary or dramatic work after 7 years from its first publication.
Section 32(1A): The “Teaching/Research” Rule (Faster)
The Rule:However, for purposes of “teaching, scholarship or research,” you can apply for a licence:
After 3 years for most foreign languages.
After 1 year for a foreign language not in general use in a developed country.
Section 32(4): Conditions for Granting Licence
The Board will only grant the licence if:
(a) A translation in that language hasn’t been published by the owner, or if it has, it’s “out of print.”
(b) & (c) The applicant proves they tried to get permission from the owner but were denied, or could not find the owner after “due diligence” (including sending a registered letter to the publisher).
(d) The Board is satisfied the applicant is “competent to produce and publish a correct translation.”
(e) The author hasn’t “withdrawn” the work from circulation.
Section 32A: Licence to reproduce and publish works for certain purposes
Simple Meaning: This is a compulsory licence, mainly for educational or scientific books, that are either unavailable in India or overpriced.
Section 32A(1): The Rule
The Rule: Any person can apply to the Board for a licence to reproduce and publish a literary, scientific, or artistic work for “systematic instructional activities” if:
(a) Copies are not available in India.
(b) Copies have not been on sale in India for 6 months at a “price reasonably related to that normally charged in India for comparable works” (i.e., it’s being sold at an absurdly high imported price).
Time Limits: This applies after a “relevant period” has expired:
7 years for fiction, poetry, drama (art).
3 years for natural science, physics, maths, or technology.
5 years for all other works.
Section 32A(4): Conditions for Granting Licence
The applicant must prove they tried to get permission or couldn’t find the owner (just like in 32(4)).
The applicant must promise to sell the new reproduction at a fair price fixed by the Board.
The licence is for India only (“not extend to the export of copies”).
Section 32B: Termination of licences issued under this Chapter
Simple Meaning: This says that if a compulsory licence was granted (under 32 or 32A), but the original owner later publishes their own version (their own translation or their own fairly-priced edition), the compulsory licence can be terminated.
Proviso: The termination isn’t immediate. The licensee gets a 3-month notice period and is allowed to sell off their existing stock.
