11.
Application and grant of licence — (1) An application for a licence under Section 31A to
publish or communicate to the public the work or translation thereof, in any
language, any unpublished work or any work published or communicated to the
public and the work is withheld from the public in India, the author is dead or
unknown or cannot be traced, or the owner of the copyright in such work cannot
be found, shall be made by any person in Form III and shall be accompanied by
the fee specified in the Second Schedule:
Provided
that in case the desired author is dead such application for publication of the
work can be made only if there is failure to publish the work within the time
specified by the central government as provided in sub-section (6) of section
31A.
(2) Every such application shall
be made in respect of one work only and in respect of translation of a work
into one language only.
(3) The application other than
an application under sub-section (7) of section 31A shall be accompanied by a
newspaper containing the publication issued under sub-section (2) of section
31A and published in one issue of a daily newspaper in the English language
having circulation in the major part of the country and where the application
is for the publication of a translation in any language, in one issue of any
daily newspaper in that language.
(4) If the Board is satisfied
that the licence for publication or communication to the public or translation
in any language of the work, applied for may be granted to the applicant, or if
there are more applicants than one, to such applicants, as, in the opinion of
the Board, would best serve the interest of the general public, it shall direct
the 1[Registrar of Copyrights] to grant the licence accordingly.
(5) Every such licence shall be subject to the
conditions provided in sub-section (7) of section 31A, and shall specify —
(a) the period within which such
work shall be published, translated or communicated to the public;
(b) the price at which the
copies of such work are to be sold or charges to be collected for communicating
the work to the public;
(c) the amount of royalty to be
deposited and the account in which it has to be deposited;
(d) in case of translation of
the work, the language in which the translation shall be produced and
published; and
(e) in case of communication 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 2[published in journal] 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-
(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 licensee, 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 of the 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 of the licensee;
(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 of the licence.
15. Notice for
termination of licence. —Notice for termination of licence under proviso to
sub-section (1) or sub-section (2) of section 32B shall be served on the person
holding the licence by the owner of copyright in Form IV.
16. Notice for publication of a work in case of death of
original owner.-
The Central Government, 3[as required] under sub-section (6) of
section 31A, 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
of the author of work.