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 becommunicated to the public.

(6) The grant of every such licence shall, as soon as possible, be notified in theOfficial Gazette and on the website of the Copyright Office and the Board and a copy of thelicence shall be sent to the other parties concerned.

12. Manner of determining royalties. -The Board shall determine the amount of royaltyto be deposited by the applicant. The Board may while determining the royalty shall takeinto 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 theIicensee, if it is satisfied that the licensee was for sufficient reasons unable to produce andpublish the translation or reproduce the work or communicate the work to the public withinthe period specified in the licence, extend such period.

14. Cancellation of licence. -The Board may, after giving an opportunity to the licenseeof 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 tothe public the work within the time specified in the licence or within the timeextended 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. -Notic~ for termination of licence under proviso tosub-section (I) or sub-section (2) of section 328 shall be served on the person holding thelicence by the owner ofcopyright in Form IV.

16. Notice for publication of a work in case of death of original owner. - The CentralGovernment, if decides to make a request under sub-section (6) of section 3 IA, shall specifya minimum period of six months and a maximum of one year for publication of work by theheirs, executors or legal representatives ofthe author ofwork.

CHAPTER VI

COMPULSORY LICENCE FOR BENEFIT OF DISABLED

17. Application for licence. - (I) An application for a licence under section 3IB to publishany work in any format useful for person with disability shall be made in Form V and shall beaccompanied 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 byregistered post on the owner of copyright and if the owner of such copyright is not known or

[t:IPTn~ 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 ofbeing heard to the owner of the copyrightand the applicant and also, wherever pmctic~b!ll;:> to any person claiming any interest in thecopyright 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 work in .the fonnatapplied 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 thedisabled 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 ofcopies that shall be produced;

(:1) the rate at which royalties in respect of the copies of such work sold to thedisabled 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 theOfficial 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. ~anner of determining royalties. - The Board shall determine the royalties payableto 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 todisabled 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 disabledperson; 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 satisfied that thelicensee was for sufficient reasons unable to produce and publish the work within the periodspecified in the licence, extend such period.

21. Cancellation of licence. - The Board may. after giving an opportunity of being heardto 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 timespecified 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 bypublishing in the same format with same or lower price for which compulsory licencewas granted.

22. Notice for termination of licence.- Notice for termination of licence granted undersub-section (3) of section 31B shall be served on the person holding the licence by the ownerofcopyright 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 copyrightin sueh works and to the Registrar of Copyrights at least fifteen days in advance of makingthe 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 aminimum 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 andprovide copies ofall covers and labels with which the cover version is to be sold.

Provided tha~ in respect of works in a particular language or dialect for which the Board bygeneral 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 numberis more, for aU the copies ofthe cover version.

Provided further that any person intending to make a cover version shall give a notice undertburChapter 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 inaccordance 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;