April 12, 2024

Licence to reproduce and publish works for certain purposes (1) Where, after theexpiration of the relevant period from the date of the first publication of an edition of a literary, scientific orartistic work,—(a) the copies of such edition are not made available in India; or(b) such copies have not been put on sale in India for a period of six months,to the general public, or in connection with systematic instructional activities at a price reasonably related tothat normally charged in India for comparable works by the owner of the right of reproduction or by anyperson authorised by him in this behalf, any person may apply to the 2[Appellate Board] for a licence toreproduce and publish such work in printed or analogous forms of reproduction at the price at which suchedition is sold or at a lower price for the purposes of systematic instructional activities.(2) Every such application shall be made in such form as may be prescribed and shall state theproposed retail price of a copy of the work to be reproduced.(3) Every applicant for a licence under this section shall, along with his application, deposit with theRegistrar of Copyrights such fee as may be prescribed.(4) Where an application is made to the 2[Appellate Board] under this section, it may, after holding suchinquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produceand publish a reproduction of the work mentioned in the application subject to the conditions that,—(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies ofthe reproduction of the work sold to the public, calculated at such rate as the 2[Appellate Board] may, inthe circumstances of each case, determine in the prescribed manner;(ii) a licence granted under this section shall not extend to the export of copies of the reproduction ofthe work outside India and every copy of such reproduction shall contain a notice that the copy isavailable for distribution only in India:Provided that no such licence shall be granted unless— 1Ins. by Act 23 of 1983, s.14 (w.e.f 9-8-1984)2 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).(a) the applicant has proved to the satisfaction of the 1[Appellate Board] that he had requested andhad been denied authorisation by the owner of the copyright in the work to reproduce and publishsuch work or that he was, after due diligence on his part, unable to find such owner;(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of hisrequest for such authorisation by registered air-mail post to the publisher whose name appears from thework not less than three months before the application for the licence;(c) the 1[Appellate Board] is satisfied that the applicant is competent to reproduce and publish anaccurate reproduction of the work and possesses the means to pay to the owner of the copyright theroyalties payable to him under this section;(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed bythe 1[Appellate Board], being a price reasonably related to the price normally charged in India forworks of the same standard on the same or similar subjects;(e) a period of six months in the case of an application for the reproduction and publication of anywork of natural science, physical science, mathematics or technology, or a period of three monthsin the case of an application for the reproduction and publication of any other work, has elapsed fromthe date of making the request under clause (a), or where a copy of the request has been sent underclause (b), from the date of sending of a copy, and a reproduction of the work has not been publishedby the owner of the copyright in the work or any person authorised by him within the said period ofsix months or, three months, as the case may be;(f) the name of the author and the title of the particular edition of the work proposed to bereproduced are printed on all the copies of the reproduction;(g) the author has not withdrawn from circulation copies of the work; and(h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright inthe work.(5) No licence to reproduce and publish the translation of a work shall be granted under this sectionunless such translation has been published by the owner of the right of translation or any person authorised byhim and the translation is not in a language in general use in India.(6) The provisions of this section shall also apply to the reproduction and publication, or translation intoa language in general use in India, of any text incorporated in audio-visual fixations prepared and publishedsolely for the purpose of systematic instructional activities.Explanation.— For the purposes of this section, “relevant period”, in relation to any work,means a periodof—(a)seven years from the date of the first publication of that work, where the application is for 1 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).the reproduction and publication of any work of, or relating to, fiction, poetry, drama,music or art;(b)three years from the date of the first publication of that work, where the application is forthe reproduction and publication of any work of, or relating to, natural science, physicalscience, mathematics or technology; and(c) five years from the date of the first publication of that work, in any other case.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company

Licence to produce and publish translations. (1) Any person may apply to the 1[Appellate Board]for a licence to produce and publish a translation of a literary or dramatic work in any language 2[after a periodof seven years from the first publication of the work].3[(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the 1[AppellateBoard] for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of aliterary or dramatic work, other than an Indian work, in any language in general use in India after a period of threeyears from the first publication of such work, if such translation is required for the purposes of teaching,scholarship or research:Provided that where such translation is in a language not in general use in any developed country, suchapplication may be made after a period of one year from such publication.](2) Every 4[application under this section] shall be made in such form as may be prescribed and shall statethe proposed retail price of a copy of the translation of the work.(3) Every applicant for a licence under this section shall, along with his application, deposit with theRegistrar of Copyrights such fee as may be prescribed.(4) Where an application is made to the 1[Appellate Board] under this section, it may, after holding suchinquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce andpublish a translation of the work in the language mentioned in 5[the application—(i) subject to the condition that the applicant shall pay to the owner of the copyright in the workroyalties in respect of copies of the translation of the work sold to the public, calculated at such rateas the 1[Appellate Board] may, in the circumstances of each case, determine in the prescribedmanner; and(ii) where such licence is granted on an application under sub-section (1A), subject also to the conditionthat the licence shall not extend to the export of copies of the translation of the work outside Indiaand every copy of such translation shall contain a notice in the language of such translation that thecopy is available for distribution only in India:Provided that nothing in clause (ii) shall apply to the export by Government or any authority under the 1 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).2Ins. by Act 27 of 2012, s. 18 (w.e.f 21-6-2012)3Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).4 Subs. by s. 13, ibid., for “such application” (w.e.f. 9-8-1984).5 Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).Government of copies of such translation in a language other than English, French or Spanish to any country if—1) such copies are sent to citizens of India residing outside India or to any association of such citizensoutside India; or2) such copies are meant to be used for purposes of teaching, scholarship or research and not for anycommercial purpose; and3) in either case, the permission for such export has been given by the Government of that country:]1[Provided further that no licence under this section] shall be granted, unless—(a) a translation of the work in the language mentioned in the application has not been published by theowner of the copyright in the work or any person authorised by him, 2[within seven years or threeyears or one year, as the case may be, of the first publication of the work], or if a translation has beenso published, it has been out of print;(b) the applicant has proved to the satisfaction of the 3[Appellate Board] that he had requested and hadbeen denied authorisation by the owner of the copyright to produce and publish such translation, orthat 4[he was, after due diligence on his part, unable to find] the owner of the copyright;(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his requestfor 5[such authorisation by registered air mail post to the publisher whose name appears from thework, and in the case of an application for a licence under sub-section (1)], not less than two monthsbefore 6[such application];7[(cc) a period of six months in the case of an application under sub-section (1A) (not being an applicationunder the proviso thereto), or nine months in the case of an application under the proviso to that subsection, has elapsed from the date of making the request under clause (b) of this proviso or where acopy of the request has been sent under clause (c) of this proviso, from the date of sending of suchcopy, and the translation of the work in the language mentioned in the application has not beenpublished by the owner of the copyright in the work or any person authorised by him within the saidperiod of six months or nine months, as the case may be;8[(ccc) in the case of any application made under sub-section (1A),—(i) the name of the author and the title of the particular edition of the work proposed to be translatedare printed on all the copies of the translation;(ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied 1 Subs. by Act 23 of 1983, s. 13, for “Provided that no such licence” (w.e.f. 9-8-1984).2 Subs. by s. 13, ibid., for “within seven years of the first publication of the work” (w.e.f. 9-8-1984).3 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).4 Subs. by Act 23 of 1983, s. 13,., for “he was unable to find” (w.e.f. 9-8-1984).5 Subs. by s. 13, ibid., for “such authorisation to the publisher whose name appears from the work” (w.e.f. 9-8-1984).6 Subs. by s. 13, ibid., for “the application for the licence” (w.e.f. 9-8-1984).7Ins. by s. 13, ibid. (w.e.f. 9-8-1984).8Ins. by s. 13, ibid. (w.e.f. 9-8-1984).with;](d) the 1[Appellate Board] is satisfied that the applicant is competent to produce and publish a correcttranslation of the work and possesses the means to pay to the owner of the copyright the royaltiespayable to him under this section;(e) the author has not withdrawn from circulation

Statutory licence for broadcasting of literary and musical works and sound recording (1)Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way ofperformance of a literary or musical work and sound recording which has already been published may do sosubject to the provisions of this section.(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of itsintention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to theowner of rights in each work royalties in the manner and at the rate fixed by the 1[Appellate Board].(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the1[Appellate Board] shall fix separate rates for radio broadcasting and television broadcasting.(4) In fixing the manner and the rate of royalty under sub-section (2), the 1[Appellate Board] may require thebroadcasting organisation to pay an advance to the owners of rights.(5) The names of the authors and the principal performers of the work shall, except in case of thebroadcasting organisation communicating such work by way of performance, be announced with the broadcast.(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose ofbroadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent ofthe owners of rights.(7) The broadcasting organisation shall—(a) maintain such records and books of account, and render to the owners of rights such reports andaccounts; and 1 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).2Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-06-2012)(b) allow the owner of rights or his duly authorised agent or representative to inspect all records andbooks of account relating to such broadcast,in such manner as may be prescribed.(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered intobefore the commencement of the Copyright (Amendment) Act, 2012.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

Statutory licence for cover versions (1) Any person desirous of making a cover version, beinga sound recording in respect of any literary, dramatic or musical work, where sound recordings of that workhave been made by or with the licence or consent of the owner of the right in the work, may do so subject to theprovisions of this section:Provided that such sound recordings shall be in the same medium as the last recording, unless themedium of the last recording is no longer in current commercial use.(2) The person making the sound recordings shall give prior notice of his intention to make the soundrecordings in the manner as may be prescribed, and provide in advance copies of all covers or labels withwhich the sound recordings are to be sold, and pay in advance, to the owner of rights in each workroyalties in respect of all copies to be made by him, at the rate fixed by the 1[Appellate Board] in thisbehalf:Provided that such sound recordings shall not be sold or issued in any form of packaging or with anycover or label which is likely to mislead or confuse the public as to their identity, and in particular shall notcontain the name or depict in any way any performer of an earlier sound recording of the same work or anycinematograph film in which such sound recording was incorporated and, further, shall state on the coverthat it is a cover version made under this section.(3) The person making such sound recordings shall not make any alteration in the literary or musical workwhich has not been made previously by or with the consent of the owner of rights, or which is not technicallynecessary for the purpose of making the sound recordings:Provided that such sound recordings shall not be made until the expiration of five calendar years after theend of the year in which the first sound recordings of the work was made.(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousandcopies of each work during each calendar year in which copies of it are made:Provided that the 1[Appellate Board] may, by general order, fix a lower minimum in respect of works in a 1 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).2Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-06-2012)particular language or dialect having regard to the potential circulation of such works.(5) The person making such sound recordings shall maintain such registers and books of account inrespect thereof, including full details of existing stock as may be prescribed and shall allow the owner ofrights or his duly authorised agent or representative to inspect all records and books of account relating to suchsound recording:Provided that if on a complaint brought before the 1[Appellate Board] to the effect that the owner ofrights has not been paid in full for any sound recordings purporting to be made in pursuance of thissection, the 1[Appellate Board] is, prima facie, satisfied that the complaint is genuine, it may pass an orderex parte directing the person making the sound recording to cease from making further copies and, afterholding such inquiry as it considers necessary, make such further order as it may deem fit, including an orderfor payment of royalty.Explanation.— For the purposes of this section “cover version” means a sound recording made inaccordance with this section.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e

Compulsory licence for benefit of disabled (1) Any person working for the benefit of personswith disability on a profit basis or for business may apply to the 1[Appellate Board], in such form and manner andaccompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyrightsubsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does notapply and the 1[Appellate Board] shall dispose of such application as expeditiously as possible and endeavourshall be made to dispose of such application within a period of two months from the date of receipt of theapplication.(2) The 1[Appellate Board] may, on receipt of an application under sub-section (1), inquire, or direct suchinquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the applicationhas been made in good faith.(3) If the 1[Appellate Board] is satisfied, after giving to the owners of rights in the work a reasonableopportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licenceneeds to be issued to make the work available to the disabled, it may direct the Registrar of Copyrights to grant tothe applicant such a licence to publish the work. 1 Subs. by Act 7 of 2017, s.160(a), for “Copyright Board” (w.e.f. 26-5-2017).2Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012).(4) Every compulsory licence issued under this section shall specify the means and format of publication, theperiod during which the compulsory licence may be exercised and, in the case of issue of copies, the number ofcopies that may be issued including the rate or royalty:Provided that where the 1[Appellate Board] has issued such a compulsory licence it may, on a furtherapplication and after giving reasonable opportunity to the owners of rights, extend the period of such compulsorylicence and allow the issue of more copies as it may deem fit.] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta