Section 31 of Copyright Act 1957 - Compulsory Licence in Works Withheld from Public

Section 31 of the Copyright Act, 1957 provides a compulsory licensing remedy where a copyright owner unreasonably refuses to make a published or publicly performed work available in specified circumstances. Following the tribunal reforms made in 2021, the statutory authority referred to in Section 31 is the Commercial Court.

What Section 31 Covers

Section 31 applies during the subsistence of copyright in a work that has already been published or performed in public. It addresses a refusal by the copyright owner that results in the work being withheld from the public, or a refusal to permit specified communication by broadcast on terms considered reasonable by the complainant.

• The work must fall within the scope of Section 31 and must have been published or performed in public.
• There must be a relevant refusal by the copyright owner.
• The copyright owner must receive a reasonable opportunity of being heard.
• The Commercial Court may act only after the inquiry it considers necessary and upon being satisfied that the grounds for refusal are not reasonable.
• A compulsory licence remains subject to compensation and any other terms and conditions determined under the Act.

Section 31 - Statutory Provision

Editorial note: The provision above is presented in an updated, reader-friendly form reflecting the substitution of "Commercial Court" for "Appellate Board". For authoritative statutory wording and amendment history, refer to the official legislation sources linked below.

Meaning of Commercial Court for Copyright Proceedings

Section 2(1)(fa) of the Copyright Act, as introduced through the 2021 tribunal reforms, defines "Commercial Court" for a State by reference to the Commercial Courts Act, 2015. Depending on the applicable territorial and pecuniary framework, the expression covers a Commercial Court constituted under section 3 or the Commercial Division of a High Court constituted under section 4 of that Act.

When Can a Compulsory Licence Be Considered?

1. Refusal to republish or permit republication

A complaint may arise where the copyright owner refuses to republish a work or permit its republication and, because of that refusal, the work is withheld from the public.

2. Refusal to permit public performance

The provision also covers refusal to allow performance of the work in public where that refusal results in the work being withheld from the public.

3. Refusal relating to broadcast

Section 31 also addresses refusal to allow communication of the work to the public by broadcast, including the work embodied in a sound recording, on terms that the complainant considers reasonable. The statutory inquiry ultimately focuses on whether the grounds for refusal are reasonable.

Procedure and Safeguards

The copyright owner must be given a reasonable opportunity of being heard. The Commercial Court may conduct such inquiry as it considers necessary. A licence is not automatic merely because a complaint has been filed: the statutory decision-maker must be satisfied that the grounds for the owner's refusal are not reasonable.

The Copyright Rules, 2013 prescribe the application framework for a licence under Section 31. Rule 6 provides for an application in Form II, accompanied by the prescribed fee, and requires an application to relate to one work. It also calls for supporting evidence concerning the refusal. Because older rule text may still contain references to the former tribunal structure, the Rules should be read with the later statutory amendments transferring the relevant function to the Commercial Court.

Effect of an Order Granting a Licence

If the statutory requirements are met, the Commercial Court may direct the Registrar of Copyrights to grant a licence for the permitted activity. The licence is subject to compensation payable to the copyright owner and to the other terms and conditions determined in accordance with the Act. The Registrar then grants the licence in conformity with the Court's directions and upon payment of the prescribed fee.

Important Amendments to Section 31

• 2012 amendment: The earlier expression "any Indian work" was broadened to "any work", and other changes were made to the compulsory licensing framework.
• 2021 tribunal reforms: References to the Appellate Board in Section 31 were replaced by references to the Commercial Court.
• The former Explanation and former sub-section (2) of Section 31 had earlier been omitted by the Copyright (Amendment) Act, 2012.

Related Copyright Provisions

Section 31 should be read with the neighbouring licensing provisions where relevant, including Section 31A for certain unpublished or published works, Section 31B for the benefit of persons with disabilities, Section 31C concerning cover versions, and Section 31D concerning statutory licences for broadcasting.

Official Legal Resources

For the current legislation and procedural material, consult the official India Code portal, the Copyright Office, Government of India, the official Copyright Rules, 2013, and the official text of the Tribunals Reforms Act, 2021.

This page is intended as a legal information resource. Statutory text, rules, amendments and court directions should be checked from official sources before relying on them in a proceeding.