Copyright License India

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Copyright License in India is granted by the owner of the copyright in any existing work or the prospective owner of the copyright in any future work in writing signed by him or by his duly authorized agent. In the case of a license relating to copyright in any future work, the license shall take effect only when the work comes into existence. Where a person to whom a license relating to copyright in any future work is granted dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the license, be entitled to the benefit of the license.

After holding an enquiry as may be prescribed in the act the Board directs the registrar to grant copyright license to the person to publish the work or translation thereof in the language mentioned in the application. The applicant should deposit the amount of royalty as specified by the copyright board in the public account of India. In the case of unpublished works where the original author is not found any person may apply to the Board for a copyright license in India to publish such work or a translation thereof in any language is compulsory. Before applying to the registration he should publish his proposal in the newspaper in the language where he intends to publish.

Where two or more persons have made a complaint to the Copyright Board the copyright license in India shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public. Any person shall apply for the grant of copyright license in India to produce and publish translation of a literary or dramatic work in any language in general use in India after a period of three years from the publication of such work, if such translation is required for the purposes of teaching, scholarship or research with the prescribed fee in the published work.

The copyright board after holding an enquiry as may be prescribed in the act the Board directs the registrar to grant copyright license to the person to publish the work or translation thereof in the language mentioned in the application. The applicant should deposit the amount of royalty as specified by the copyright board in the account of the original owner of the work.. The copyright license in India is terminated at any time after the granting of a license to produce and publish the translation of a work in any language under the owner of the copyright in the work or any person authorized by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject.

No termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such copyright License in India by the owner of the right of translation intimating the publication of the translation as aforesaid.