The owner of copyright could grant a license associated do} any of the act in respect of that he has an perquisite to try to. The license is often classified into following categories:
Voluntary license (Section 30)
The author or the copyright owner has exclusive rights in his artistic work and he alone has right to grant license with regard to such work. in line with section thirty of the Copyright Act 1957, the owner of the copyright in an exceedingly work could grant any interest in his copyright to a person by license in writing, that is to be signed by him or by his punctually authorised agent. A license are often granted not solely in existing work however conjointly in respect of the longer term work, during this scenario assignment shall get force once such future work comes into existence. wherever a licencee of the copyright in an exceedingly future work dies before such work comes into existence, his legal representatives shall be entitled to the good thing about the license if there’s no provision to contrary.
The mode of license is like associate degree assignment deed, with necessary diversifications and modifications in section nineteen ﴾section 30A﴿. Therefore, like associate degree assignment, a license deed in reference to a piece ought to comprise of following particulars:
a. length of license
b. The rights that are authorized
c. Territorial extent of the authorized
d. The quantum of royalty owed
e. Terms concerning revision
f. Extension and termination
Voluntary licenses will be:
- Exclusive ‐ The term exclusive license has been outlined in Section 2﴾j﴿ as a license that confers on the licencee and persons approved by him, to the exclusion of all alternative persons, any right comprised within the copyright work.
- Non‐exclusive – It doesn’t confer right of exclusion. it’s mere grant of associate degree authority associated do} a specific factor that otherwise would have recognised an infringement. once owner grants associate degree perquisite, he denudes himself of all rights and retains no claim on the economic rights thus transferred.
- Co‐exclusive – Here the licensor grants a license to over one licencee however agrees that it’ll solely grant licences to a restricted cluster of alternative licensees.
- Sole license – wherever solely the licensor and therefore the licencee will use it to the exclusion of the other third party.
- Implied license – Author impliedly permits or permits the employment of his work. as an example, he had data that somebody is exploitation his work however he didn’t take any action.
Being a member of Berne Convention, Republic of India has incorporated the availability of required license within the Copyright Act, 1957. The Act provides for grant of required license for Indian add the general public interest, in sure circumstances:
Works Withheld from Public
The Indian Copyright Act provides for the grant of required licences in work that has been revealed or performed publicly. It empowers the appellant Board to direct the Registrar to grant license, if a criticism is created thereto in writing underneath the Act, throughout the subsistence of copyright stating the mandatory facts that area unit conditions precedent to its exercise of power, provided the owner has been approached within the initial instance for the grant of license and it’s given that he has refused to publish or enable the republication of the work and by the explanation of such refusal the work is withheld from the general public. just in case wherever 2 or additional persons have created a criticism, the licence shall be granted to the litigant World Health Organization within the opinion of the Copyright Board would serve the interest of the final public. In Super container Industries Ltd v. diversion Network ﴾India﴿ Ltd, Mumbai5 the respondents World Health Organization were running a radio FM channel underneath the name Radio Michi, created many tries to get a license from Super container Industries ltd ﴾SCIL﴿ to play its sound recordings however didn’t tumble.
The Copyright Board ultimately issued them a required license against that associate degree attractiveness has been filed within the Old Delhi state supreme court. when considering over section thirty-one, Court discovered that just in case required license had to be granted to all or any, then there was no want of any enquiry as envisaged by section thirty-one.
The court conjointly opined that after the copyright was publicly, refusal should be created on cheap and valid ground. whereas creating associate degree order underneath section thirty-one, the Board had to keep up a fragile balance between the personal rights and therefore the copyright vis‐a vis‐ public interest. The case was sent back to the Copyright Board for recent thought.
Required License in unpublished or revealed Work (Section 31‐A)
According to this section, wherever the author is dead or unknown or can’t be copied , or the owner of the copyright in such work can’t be found, a person could apply to the Copyright Board for a licence to publish such work or translation thence in any language.
Before creating such associate degree application, the somebody ought to publish his proposal in one issue of a daily newspaper in this language. the appliance to the copyright board ought to be within the prescribed type and in the course of the prescribed fee and with the copy of advertising issued.
The Copyright Board when creating the sure prescribed enquires direct the Registrar of Copyright to grant license to the somebody to publish the work or its translation subject to the payment of royalty and alternative conditions.
Required License for the good thing about Disabled Persons (Section 31‐B)
Any person operating for the good thing about persons with incapacity on a profit basis or for business could apply in prescribed manner to the appellant Board for a required licence to publish any add that copyright subsists for the good thing about such persons.
Statutory License for canopy Versions (Section 31‐C)
Cover suggests that a audio recording created in accordance with section 31C. someone covetous of creating a canopy version, being a audio recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.
The person creating the duvet version is needed to relinquish previous notice to the owner of the copyright in such works and to the Registrar of Copyright a minimum of fifteen days prior to of creating the duvet version. Advance copies of all covers with that the audio recording is to be sold‐out to be provided or royalties to be paid prior to. One royalty in respect of such sound recordings shall be bought a minimum of fifty thousand copies of every work throughout annually. The Delhi state supreme court in Star India Pvt Ltd v. Piyush Aggarwal, expressed that audio recording enclosed a resultant original audio recording made of the musical and writing and that was referred to as a version recording i.e., a audio recording created when a primary audio recording was created by use of the musical work and writing.
Statutory Licensing for Broadcasting of Literary and Musical Work and audio recording (Section 31‐D)
Any broadcasting organization, covetous of human activity printed work to the general public by means of broadcast ﴾by means of tv broadcast or radio﴿ or a performance of any printed musical/ lyrical work and audio recording, will do thus by giving previous notice of this intention to the homeowners. The notice should specify the length and territorial coverage of the printed. Corresponding royalties square measure needed to be paid to the owner of proprietary work. Rates of tv broadcasting square measure totally different from the speed fastened with relevancy radio broadcasting. At the time of fixing the speed of royalty the Copyright Board might raise the broadcasting organisation to deposit some quantity of cash prior to the owner.
License to provide and Publish Translation of Literary or writing in any Language (Section 32)
Section thirty-two of the Copyright Act provides that when expiration of a amount of seven years from the primary publication of a literary or writing, someone might apply to the Copyright Board for a license to provide and publish a translation of labor. wherever the work isn’t Indian work, someone might apply to the Board for a license to provide and publish a translation in written or analogous variety of replica of a literary or writing in any language generally use in India when a amount of 3 years from the primary publication of such work, if such translation is needed for the aim of teaching, scholarship or analysis. however, wherever translation is during a language not generally use in any developed country, such application is also created when the amount of 1 year from such publication.
License to breed and Publish Works for sure functions (Section 32‐A)
According to this section, someone might apply to the Copyright Board for a license to breed and publish any literary, scientific or inventive work when the expiration of the relevant amount from the date of initial publication of AN edition of such work, if the copies of such edition don’t seem to be created accessible in India, or such copies haven’t been placed on sale in {india|India|Republic of India|Bharat|Asian country Asian nation} for a amount of six months to the final public or in reference to consistently tutorial activities at a value moderately associated with that unremarkably charged in India for comparable works by the owner of the proper of replica or by someone authorised by him during this behalf.
The period prescribed are:
- Seven years for work associated with fiction, poetry, drama, music or art
- 3 years for works associated with science, natural philosophy arithmetic or technology
- 5 years for the other work
References
- Copyright Act, 1957
- https://www.legalserviceindia.com/
