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Section 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of LITERARY, MUSICAL works and SOUND RECORDINGS. The royalty is fixed by:

Athe broadcaster unilaterally in every case (cf. Copyright Act 1957, Section 31D (inserted 2012); Tribunals Reforms Act 2021)
Bthe copyright owner's unilateral demand (cf. Copyright Act 1957, Section 31D (inserted 2012); Tribunals Reforms Act 2021)
CCentral Government by notification only (cf. Copyright Act 1957, Section 31D (inserted 2012); Tribunals Reforms Act 2021)
Dthe Appellate Board (now Commercial Court post-Tribunals Reforms Act 2021) on application
Answer & Solution
Correct answer: D. the Appellate Board (now Commercial Court post-Tribunals Reforms Act 2021) on application
1. Section 31D Copyright Act 1957 (inserted by the 2012 Amendment): any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance, a literary or musical work and sound recording which has already been published may do so subject to: 2. (a) provision of prior notice; 3. (b) payment of royalty as may be FIXED BY THE APPELLATE BOARD (now Commercial Court post Tribunals Reforms Act 2021) in such manner and at such rate as may be fixed by the Board. 4. Different rates may be fixed for radio and TV broadcasting (Section 31D(3)). 5. This was inserted to break the deadlock between music labels and broadcasters; covers commercial radio broadcasting in particular. 6. Hence option B is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Copyright Act 1957, Section 31D (inserted 2012); Tribunals Reforms Act 2021_
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