Section 31: Compulsory licence in works withheld from public.

The Copyright Act, 1957Central Act · Act 14 of 1957

(1) If at any time during the term of copyright in [any work] which has been published or performed in public, a complaint is made to the [Commecial Court] 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 a [sound recording] the work recorded in such [sound recording], on terms which the complainant considers reasonable,

the [Commercial Court], after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence 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 other terms and conditions as the [Commercial Court] may determine; and thereupon the Registrar of Copyrights shall grant the [licence to such person or persons who, in the opinion of the [Commercial Court], is or are qualified to do so] in accordance with the directions of the [Commercial Court], on payment of such fee as may be prescribed.

* * * * * .

Where this provision sits

Act	The Copyright Act, 1957
Section	31
Marginal note	Compulsory licence in works withheld from public.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted. . Subs. by s. 16, ibid., for any Indian work (w.e.f. 21-6-2012).
substituted, Act 33 of 2021. . Subs. by Act 33 of 2021, s.10, for “Appellate Board” (w.e.f. 4-4-2021).
substituted, Act 23 of 1994. . Subs. by Act 23 of 1994, s. 2, for radio-diffusion (w.e.f. 9-8-1984).
substituted. . Subs. by 38 of 1994, s. 16, for record (w.e.f. 10-5-1995).
substituted, Act 27 of 2012. . Subs. by Act 27 of 2012, s. 16, for licence to the complainant (w.e.f. 21-6-2012).
omitted, Act 27 of 2012. . The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21-6-2012).
omitted. . Omitted by s. 16, ibid. (w.e.f. 21-6-2012).

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