Compulsory licence for benefit of disabled
(1) Any person working for the benefit of persons
with disability on a profit basis or for business may apply to the 1
[Appellate Board], in such form and manner and
accompanied by such fee as may be prescribed, for a compulsory licence to publish 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 1
[Appellate Board] shall dispose of such application as expeditiously as possible and endeavour
shall be made to dispose of such application within a period of two months from the date of receipt of the
application.
(2) The 1
[Appellate Board] 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 1
[Appellate Board] 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 Copyrights to grant to
the 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).
2
Ins. 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, 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 1
[Appellate Board] has 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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