________________ 12 COPYRIGHT ACT, 1957 (S. 31 31. Compulsory licence in works withheld from public.--(1) If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright 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 public ; or (b) has refused to allow communication to the public by radio-diffusion of such work or in the case of a record the work recorded in such record, on terms which the complainant considers reasonable ; the Copyright 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 satisfied 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 radio-diffusion, 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 Copyright Board may determine ; and thereupon the Registrar of Copyrights shall grant the licence to the complainant, in accordance with the directions of the Copyright Board, on payment of such fee as may be prescribed. Explanation.-In this sub-section, the expression "Indian work" includes (i) an artistic work, the author of which is a citizen of India ; and (ii) a cinematograph film or a record made or manufactured in India. (2) Where two or more persons have made a complaint under sub-section (1), the licence shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public. 32. Licence to produce and publish translations.-(1) Any person may apply to the Copyright Board for a licence to produce and publish a translation of a literary or dramatic work in any language. (2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail pricee of a copy of the translation of the work. (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. (4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application, on condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the Copyright Board may, in the circumstances of each case, determine in the prescribed manner : Provided that no such licence shall be granted, unless (a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorized by him, within seven years of the first publication of the work, or if a translation has been so published, it has been out of print ;
