Section 31A Copyright Act 1957 deals with COMPULSORY LICENCE for UNPUBLISHED OR ANONYMOUS WORKS. Such licence may be granted:
Aonly by the Central Government in cases of artistic works alone (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A)
Bonly by the High Court in inherent jurisdiction in cases of literary works (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A)
Conly by the Copyright Office for works of foreign authorship in any country (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A) (cf. Copyright Act 1957, Section 31A)
Dby the Appellate Board (now Commercial Court post-Tribunals Reforms 2021) where the author is dead, unknown, or cannot be traced or owner of copyright cannot be found, on application that the applicant may publish, perform, broadcast etc.
Answer & Solution
Correct answer: D. by the Appellate Board (now Commercial Court post-Tribunals Reforms 2021) where the author is dead, unknown, or cannot be traced or owner of copyright cannot be found, on application that the applicant may publish, perform, broadcast etc.
1. Section 31A Copyright Act 1957: 'Where, in the case of any Indian work referred to in sub-clause (iii) of clause (l) of section 2, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Appellate Board for a licence to publish such work or a translation thereof in any language.'
2. Procedure: applicant must publish proposal in one issue of an English national daily and one daily in the language of the proposed publication, advertising minimum 6 months before application.
3. The Appellate Board (now Commercial Court) may grant licence after enquiring as to bona fides and after consultation with the relevant authority.
4. Royalty is determined by the Board and held for the eventual owner.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 31A_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESISection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of