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Essentials of compulsory licensing in copyrighted works in India.

Under the provisions of Indian Copyright Act, any person can approach the appellate board, for issuance of a compulsory license to publish a work that is withheld from public: –

  • If the copyright owner has refused to allow republication of the work or to perform the work in public;
  • Or to communicate the work to the public by broadcast.

If the copyright board, after giving a reasonable opportunity to be heard to the copyright owner, finds that the grounds for refusal are not reasonable, may direct the registrar of copyrights to grant license to the complainant.

[Note: the right to produce or publish translations of any literary or dramatic work becomes available to any person after the passing of 7 years from the date of first publication.]  

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