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Conditions to invoke compulsory licensing provisions for unpublished and published works in India.

Compulsory License, under the Indian copyright laws, can be invoked in case of any unpublished and published work [or work communicated to the public] if:

  1. The work is withheld from public and not communicated to the public in India;
  2. The author is dead or unknown or cannot be traced;
  3. Or the owner of the copyright can’t be found;

Then any person may apply to the IPAB for a license to publish or communicate to the public the said work.

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