Compulsory Licensing under Copyright Law: Key Clauses in Copyright Act, 1957 

Compulsory licensing is a rule that lets someone use a copyrighted work, like a book or song without the owner's permission but only in specific situations. It’s used when the work isn’t available to the public, like if the owner refuses to share it, or for important reasons like education or helping people with disabilities. A court, called the Commercial Court, decides if the license is fair and follows the law, and the user usually has to pay the owner a fee (royalties). It’s not automatic, the court checks if it’s needed and fair. This rule helps balance the rights of the creator with the public’s need to access things like knowledge or resources, especially for learning or accessibility. Below, we explain it in detail, covering the rules, history, how it works, and court decisions, giving a clear guide for everyone.

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What is Compulsory Licensing?

Compulsory licensing is a legal way to use someone’s copyrighted work without their permission, but only under certain rules and by paying them a fee.

It’s used when the owner stops the public from accessing the work, like not selling a book or song, or when it’s needed for public good, like school materials or helping people with disabilities. This system stops owners from having too much control while making sure they still get paid. It follows global rules, like those in the Berne Convention, which India supports.

The goal is to make sure everyone can access knowledge and culture, and that copyright doesn’t block important things like education or accessibility for people with disabilities. For example, it lets schools copy books if they’re not available or helps make books into Braille for visually impaired people.

Historical and International Context

India’s compulsory licensing rules come from global copyright ideas, especially the Berne Convention. This agreement says works can be used in special cases if it doesn’t hurt the owner too much and they’re paid fairly. Copyright Law in India, uses these ideas in its rules, like Section 31, to fit local needs.

Over time, the Copyright Act has been updated, especially in 2012, to add new rules (Sections 31C and 31D) for things like music and broadcasting in the digital age. These changes came from court decisions and people wanting easier access to creative works.

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Compulsory Licensing Under the Copyright Act, 1957

The Act amended periodically including several sections that govern compulsory and statutory licensing. These provisions have evolved, especially with the 2012 amendment in order to address modern challenges like digital broadcasting and accessibility. Below is a detailed breakdown:

• Section 31: Compulsory Licence for Works Withheld from Public

Section 31 applies when the copyright owner refuses to republish, perform or broadcast the work on reasonable terms, and the work is effectively withheld from the public. A complaint can be filed with the Commercial Court (formerly the Copyright Board) and if no reasonable justification is provided, a compulsory license can be ordered, requiring the payment of a fee to the owner. This ensures that works like books or films which are not being distributed.

• Section 31A: Compulsory Licence for Unpublished or Published Works Withheld in India

Section 31A addresses "orphan works" which refers to the works where the author is dead, unknown or untraceable, or when the copyright owner cannot be found. It allows for the publication or translation of such works along with ensuring they are not lost to the public domain due to administrative or legal barriers.

• Section 31B: Compulsory Licence for the Benefit of Persons with Disabilities

Section 31B was introduced to enhance accessibility and allows for the use of works for persons with disabilities when normal exploitation is not feasible. For example, it enables the creation of Braille versions or audio books which ensures inclusivity without infringing on copyright but provided that royalties are paid.

• Section 32: Licence to Produce & Publish Translations

This section permits the production and publication of translations of works after a specified period: 7 years from first publication for Indian works, and 3 years for non-Indian works, specifically for teaching, scholarship, or research. For developing countries, this period can be reduced to 1 year for languages not in general use, promoting global knowledge sharing.

• Section 32A: Licence to Reproduce & Publish Works for Certain Purposes

Section 32A allows for the reproduction of works for systematic instructional activities when copies are not available in India or not on sale for at least 6 months. The periods vary by work type: 7 years for fiction, 3 years for science and technology and 5 years for other categories, ensuring educational access.

In addition to compulsory licenses, the Act includes statutory licenses, which are standardized and do not require owner consent beyond royalty payments.

• Section 31C: Statutory Licence for Cover Versions

Added in the 2012 amendment, this allows for the creation of sound recordings of literary, dramatic, or musical works in the same medium as the last recording, typically for cover versions, ensuring musical diversity while fixing royalty rates.

• Section 31D: Statutory Licence for Broadcasting

Also introduced in 2012, this permits broadcasting organizations to broadcast published works, such as literary, musical works, or sound recordings, ensuring radio and TV stations can operate without undue restriction, subject to royalty payments.

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Categories and Differences from Statutory Licenses

Compulsory licenses impact the owner's autonomy, as the licensee and royalty terms are determined by the court, unlike voluntary licenses where owners negotiate terms. They are categorized as follows:

1. Works unreasonably withheld from public (Section 31)

2. Orphan works (Section 31A)

3. Works for differently abled (Section 31B)

4. Translations (Section 32)

5. Reproduction and sale of works unavailable in India (Section 32A)

Statutory licenses, in contrast, fix royalty rates and grant standardized licenses without owner input, as seen in Sections 31C and 31D, added via the 2012 amendment to address broadcasting and cover versions.

The following table encapsulates the key provisions, highlighting the diversity of scenarios covered and the role of the Commercial Court in enforcement.

Summary

Compulsory licensing under the Copyright Act, 1957, is a critical tool for ensuring public access to creative works while respecting copyright owners' rights. It is governed by specific sections like 31, 31A, 31B, 32 and 32A, with statutory licenses under 31C and 31D addressing modern needs. Judicial interpretations have also shaped its application, though debates continue on thresholds and interim orders. This framework remains essential for balancing innovation, accessibility and economic rights in India's intellectual property landscape.

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Compulsory Licensing under Copyright Law:FAQs

Q1. What is compulsory licensing under the Copyright Act, 1957?

Compulsory licensing allows the use of copyrighted works without the owner's consent under specific conditions, like public interest or unavailability, with royalties paid, as per Sections 31, 31A, 31B, 32, and 32A.

Q2. When can a compulsory license be granted under Section 31?

A compulsory license can be granted if the copyright owner unreasonably withholds a work from the public, such as by refusing republication or broadcasting on fair terms.

Q3. Who can apply for a compulsory license for works benefiting persons with disabilities?

Under Section 31B, organizations or individuals can apply to the Commercial Court to use works for persons with disabilities, ensuring accessibility with royalty payments.

Q4. What is the difference between compulsory and statutory licenses?

Compulsory licenses (e.g., Sections 31, 31A) require court approval and specific conditions, while statutory licenses (e.g., Sections 31C, 31D) have fixed royalty rates for cover versions or broadcasting.

Q5. How does Section 32 support educational purposes?

Section 32 allows translations of works after 7 years (Indian works) or 3 years (non-Indian works) for teaching, scholarship, or research, promoting educational access.