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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Tara Publications holds copyright in a novel. Sphoorthi Braille Services, which works for persons with disability on a business basis, applies for a compulsory licence to publish the novel in an accessible format, in a case where clause (zb) of section 52(1) does not apply. Which statement is correct under section 31B of the Copyright Act, 1957?

Under section 31B, the Commercial Court may direct the Registrar of Copyright to grant a compulsory licence for the benefit of disabled persons only after giving the rights owners a reasonable opportunity of being heard and making the inquiry it considers necessary. It is not automatic on application.

  1. AThe Commercial Court may direct the Registrar of Copyright to grant the licence after giving the rights owners a reasonable opportunity of being heardCorrect
  2. BThe licence is granted automatically on filing, without any hearing of the owner
  3. CThe licence may be granted only to non-profit bodies
  4. DThe licence need not specify the period or the number of copies

Explanation

Section 31B(3) lets the Commercial Court, after giving rights owners a reasonable hearing and such inquiry as it deems necessary, direct the Registrar to grant the licence. The section covers persons working on a profit basis or for business, and sub-section (4) requires the licence to specify the format, period and number of copies and rate of royalty.

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