Answer By law4u team
A compulsory license is a statutory permission granted by the government that allows someone to use a copyrighted work without the copyright owner’s consent, under specific conditions. It ensures that essential works are accessible to the public while compensating the original copyright holder. Legal Basis: Compulsory licensing in India is governed by Sections 31 to 31D of the Copyright Act, 1957. When Is a Compulsory License Granted? 1. Works Unavailable to the Public (Section 31) If a copyright owner refuses to publish or distribute a work to the public on unreasonable terms. Example: A book or song is not being made available despite public demand. The Copyright Board may issue a compulsory license to another person to publish it. 2. Works for the Benefit of Disabled Persons (Section 31B) If the copyrighted work is not available in accessible formats for disabled persons. Example: Converting a book into Braille or an audiobook. 3. Compulsory License for Indian Works (Section 31A) If a foreign copyright owner refuses to republish or allow translations in India. Example: A foreign language book important for education but unavailable in Indian languages. 4. Statutory License for Cover Versions (Section 31C) If a song has been published for more than 5 years, others can create a cover version by paying royalties. Example: Music artists releasing legally licensed covers. 5. Statutory License for Broadcasting (Section 31D) Radio and TV stations can broadcast literary, musical, or sound recordings by paying royalties. Example: FM stations playing Bollywood songs legally. Process of Obtaining a Compulsory License File an application with the Copyright Board. The Board checks if reasonable requests for access were denied. If satisfied, it fixes a royalty amount for the copyright holder. The licensee gets the right to use the work under specific terms.
