Powers of the Court to Grant Interim Licence vis-a-vis Rights of Owners of Copyright: A Study in the Light of Supreme Court's Decision in Super Cassettes Industries Ltd. Case

5 Pages Posted: 4 Apr 2016

See all articles by Mukund Sarda

Mukund Sarda

Bharati Vidyapeeth University - New Law College

Date Written: April 2, 2016

Abstract

Sec 31 of the Copyright Act, 1957 provides thus:

(i) If at any time during the term of Copyright in any Indian Work, which has been published or performed in public, a complaint is made to the Copyright Board that the owner of Copyright in the work.

(a) Has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or

(b) Has refused to allow communication to the public by (Broadcast) of such work or in the case of (sound recording) the work recorded in such (sound recording) on terms which the complainant considers reasonable;

The Copyright Board, after giving to the owner of the Copyright in the work, a reasonable opportunity of being heard, and after such inquiry as it may deem necessary, may if it is satisfied that the grounds of such refusal are not reasonable, direct the Registrar of Copyright to grant to the complainant a license to republish the work, perform the work in public or communicate the work to the public by (Broadcast) as the case may be, subject to payment to the owner of the Copyright of such compensation and subject to such terms and conditions as the Copyright Board may determine, and therefrom the Registrar of Copyright shall grant the license to the complainant in accordance with the directions of Copyright Board, on payment of such fee as may be prescribed;

Explanation: ‘Indian work’ includes an artistic work, the author of which is a citizen of India; a cinematograph film or (sound recording) made or manufactured in India.

(ii) Where two or more persons have made a complaint, under sub-section(1) the license shall be granted to the complainant, who in the opinion of Copyright Board would best serve the interests of general public.

The power under Sec 31 of the Indian Copyright Act relates to the grant of compulsory license in works withheld from the public.

Keywords: Dr Mukund Sarda New law College Pune, Dr Mukund Sarda Bharati Vidyapeeth University, Bharati Vidyapeeth University Pune, Prof Dr Mukund Bhagirath Sarda

Suggested Citation

Sarda, Mukund, Powers of the Court to Grant Interim Licence vis-a-vis Rights of Owners of Copyright: A Study in the Light of Supreme Court's Decision in Super Cassettes Industries Ltd. Case (April 2, 2016). Available at SSRN: https://ssrn.com/abstract=2758040 or http://dx.doi.org/10.2139/ssrn.2758040

Mukund Sarda (Contact Author)

Bharati Vidyapeeth University - New Law College ( email )

Paud Road
Erandwane
Pune, 411038
India

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