Page 74 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

Section 31 Compulsory license in work withheld from public
(1) If at any time during the term of copyright in 1[any work] which
has been published or performed in public, a complaint is made
to the Appellate Board 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 Appellate Board, 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 satis ed
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 Appellate Board
may determine; and thereupon the Registrar of Copyrights shall
grant the licence to such person or persons who, in the opinion of
the Appellate Board, is or are quali ed to do so in accordance with
the directions of the Appellate Board, on payment of such fee as
may be prescribed.

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