(1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the 2[ACommercial Court], in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the 2[Commercial Court] shall dispose of such application within a period of two months from the receipt of the application.
(2) The 2[Commercial Court] may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith.
(3) If the 2[Commercial Court] is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyright to grant to the applicant such a licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:
Provided that where the
2[Commercial Court] issued such a compulsory licence it may, on a further
application and after giving reasonable opportunity to the owners of rights,
extend the period of such compulsory licence and allow the issue of more
copies as it may deem fit.]
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1. Subs. by Act 33 of 2021, s.10, for "Appellate Board" (w.e.f. 4-4-2021).
2. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26-5-2017).
Section 30A of Copy Right Act - Application of sections 19
Section 31 of Copy Right Act - Compulsory licence in works withheld from public
Section 31A of Copy Right Act - Compulsory licence in unpublished or published
Section 31B of Copy Right Act - Compulsory licence for benefit of disabled
Section 31C of Copy Right Act - Statutory licence for cover versions
Section 32 of Copy Right Act - Licence to produce and publish translations
Section 32A of Copy Right Act - Licence to reproduce and publish works for certain purposes
Section 32B of Copy Right Act - Termination of licences issued under this Chapter
Section 33 of Copy Right Act - Registration of Copyright society
Section 33A of Copy Right Act - Tariff Scheme by copyright societies
Section 34 of Copy Right Act - Administration of rights of owner by copyright society