66

TIlE GAZEITE OF INDIA: EXTRAORDINARY [PART n-SEC. 3(i)]

(e) in case ofcommunication to the public of the work the medium in which it is to be
communicated to the public.
(6) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and on the website of the Copyright Office and the Board and a copy of the
licence shall be sent to the other parties concerned.
12. Manner of determining royalties. -The Board shall determine the amount of royalty
to be deposited by the applicant. The Board may while determining the royalty shall take
into consideration the following-s-
(a) the prevailing standards of royalties with regard to such works; and
(b) such other matters as may be considered relevant by the Board.
13. Extension of' the period of licence.- The Board may, on the application of the
Iicensee, if it is satisfied that the licensee was for sufficient reasons unable to produce and
publish the translation or reproduce the work or communicate the work to the public within
the period specified in the licence, extend such period.
14. Cancellation of licence. -The Board may, after giving an opportunity to the licensee
of being heard, cancel the licence on any ofthe following grounds, namely:-
(a) that the licensee has failed to produce and publish such work or communicate to
the public the work within the time specified in the licence or within the time
extended on the application ofthe licensee;
(b) that the licence was obtained b)' fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened any ofthe terms and conditions. ofthe licence.
15. Notice for termination of licence. o t i c ~ for termination of licence under proviso to
sub-section (I) or sub-section (2) of section 328 shall be served on the person holding the
licence by the owner ofcopyright in Form IV.
16. Notice for publication of a work in case of death of original owner. - The Central
Government, if decides to make a request under sub-section (6) of section 3IA, shall specify
a minimum period of six months and a maximum of one year for publication of work by the
heirs, executors or legal representatives ofthe author of work.
CHAPTER VI
COMPULSORY LICENCE FOR BENEFIT OF DISABLED
17. Application for licence. - (I) An application for a licence under section 3IB to publish
any work in any format useful for person with disability shall be made in Form V and shall be
accompanied by the fee specified in the Second Schedule.
(2) Every such application shall be made in respect ofone work only..
18. Notice of application. - (l) A copy of application under rule 17shall be served by
registered post on the owner of copyright and if the owner of such copyright is not known or
[t:IPT 3(i) 1
is not traceable, a copy of the application shall be served by registered post on the publisher
whose name appears on the work.
(2) The Board shall give an opportunity of being heard to the owner of the copyright
and the applicant and also, wherever to any person claiming any interest in the
copyright oftile work, and shall take such evldence Un respect ofthe application, as it deems
fit.
(3) If the Board is satisfied that the liceeee for publication of the workin.the fonnat
applied for may begranted to the applicant, or if there are more applicants than one, to such
of the applicants, as, in the opinion of the Board. wm.Hld best serve the interest of the
disabled persons, it shall direct the Registrar tn grant licence accordingly.
(4) Every such licence shall specify:
(a) the period within which such work shall be published;
(b) the medium and format in which the work shall be produced and published;
the number of copies that shall be produced;
(:1) the rate at which royalties in respect of the copies of such work sold to the
disabled persons shall be paid to the owner ofthe copyright in the work; and
(e) the person to whom such royalties shall be payable.
(5) The grant of every such licence shall, as soon as possible, be notified in the
Official Gazette and the website of the Copyright Office aad the Board and a copy of the
licence shall besent to the other parties concerned.
19. of determining royalties. - The Board shall determine the royalties payable
to the owner ofthe copyright under sub-section (4) of section 31B. The Copyright Board may
while determining royalty shall take into consideration the fc[lowing:-
(a) the proposed price at which a copy of such work shall 00 made available to
disabled persons;
(b) the prevailing standards of royalties in regard to such works taking into
consideration; (0) the cost involved in making the accessible formats for the disabled
person; and
(d) such other matters as may beconsidered relevant by the Copyright Board.
20. Extensioiil of the period of licence. -_The Board may, on the application of the licensee
ami after notice to the owner of the copyright, 'wherever practicable, if it is satisfiedthat the
licensee was for sufficient reasons unable to produce and publish the work within the period
specified in the licence, extend such period.
21. Cancellation of licence. - The Board may. after giving an opportunity of being heard
to the licensee, cancel the licence on any ofthe following grounds, namely:-
(a) that the licensee has failed to produce and publish such work within the time
specified in the licence or within the time extended on the application of the licensee;
68 1HE GAZETIE OF INDIA : EXTRAORDINARY [PAIU lI--SEC. 3(i)]
(b) that the licence was obtained by fraud or misrepresentation as to any essential fact;
(c) that the licensee has contravened. any of the terms and conditions ofthe licence;
(d) the owner of the copyright has satisfied the requirement of the disabled person by
publishing in the same format with same or lower price for which compulsory licence
was granted.
22. Notice for termination of licence.- Notice for termination of licence granted under
sub-section (3) of section 31B shall be served on the person holding the licence by the owner
ofcopyright in Form IV.
CHAPTER VII
STATUTORY LICENCE FOR COVER VERSIONS
23.Notiee for maldag Cover Version. - (I) Any person intending to make a cover version,
beiag a sound recording in respect of any literary, dramatic or musical work under sub-
section (l) of section 31C shall give a notice of such intention to the owner of the copyright
in sueh works and to the Registrar of Copyrights at least fifteen days in advance of making
the cover version and shall pay to the owner ofthe copyright in the original literary, dramatic
and musical works, along with the notice, the amount of royalties due in respect of a
minimum of fifty thousand copies and if the number is more, for all the copies of cover
version to be made, at the rates determined by the Board in this regard under rule 27 and
provide copies ofall covers and labels with which the cover version is to be sold.
Provided t ~ in respect of works in a particular language or dialect for whichthe Board by
general order has fixed a lower minimum as per proviso to sub-section (4) of section 31C, the
applicant shall pay the royalty for the lower minimum fixed by the Board and if the number
is more, for aUthe copies ofthe cover version.
Provided further that any person intending to make a cover version shall give a notice under
tburChapter only after the royalty to be paid is determined by the Board under rule 27 and
published in the Official Gazette and in the website ofthe Copyright Office and the Board.
Explanation; For the purpose of this rule "cover version" means a sound recording made in
accordance with section 31C and this rule.
(2) Such notice shall contain the following information, namely:-
(a) the particulars ofthe work in respect ofwhich cover version is to be made;
(b) alterations, ifany, which are proposed to be made for the adaptation ofthe work to
the cover version and the evidence of consent of the author of work, if required, for
making such alteration;
(c) the name, address and nationality ofthe owner ofthe copyright in the work;
(d) particulars ofthe sound recording made previously ofthe work;