APPLICATION FOR COMPULSORY LICENSES FOR WORKS WITHHELD FROM PUBLIC (See rule 6)| Deeds & Drafts

Form II

APPLICATION FOR COMPULSORY LICENSES FOR WORKS WITHHELD FROM PUBLIC

(See rule 6)

To,

The Registrar of Copyrights/Secretary,

Intellectual Property Appellate Board,

New Delhi.

Sir,

In accordance with section 31 of the Copyright Act, 1957 (14 of 1957), I hereby apply to the Copyright Board for a license to reproduce/republish/issue copies/perform in public/communicate to the public by broadcast……….……work, in accordance with the particulars given in the enclosed Statement.
I hereby undertake to abide strictly by the terms and conditions of the compulsory license, if granted to me.
I hereby verify that the particulars are given in this form are true to the best of my knowledge, belief, and information and nothing has been concealed therefrom.

Place…………….

Date………………

Yours faithfully,

………………..

(Signature)

STATEMENT

(In Block Letters)

Full address and nationality of the applicant: ………….…….
Telephone/ Fax/E-mail: …………………….
Description of the work:
Class of the work (Literary, Dramatic, Musical, Artistic, Cinematograph Film, Sound Recording);
Title of the work;
Full name, address, and nationality of the author/ owner;
Language of the work;
Name, address and nationality of the publisher;
Year of first and last publication;
Country of first and last publication;
Price of a copy of the work;
If the copyright in the work is registered under section 45, the Registration Number.
If the license is applied for reproduction, republishing/issue of copies, state:

Number of copies of work proposed to be reproduced/republished and issued under the license applied for;
The estimated cost of the work to be published;
Proposed retail price per copy of the work;
Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner;
Means of the applicant for payment of the royalty.

Number of performances of work proposed to be made under the license applied for;
The estimated cost of each performance;
The proposed rate at which the work is to be performed;
Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner;
Means of the applicant for payment of the royalty.

Duration of broadcast and the number of times it is proposed to be broadcast;
The name of the channels and the territorial coverage of the broadcast;
Prevailing standards of royalties in regard to such works;
Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner;
Means of the applicant for payment of the royalty.

Whether the prescribed fee has been paid and, if so, particulars of payment (give Postal Order/Bank Draft/Treasury Challan number).
Full name, address, and nationality of the person competent or issue a license.
Evidence to show the following:

That the applicant has requested and had been refused authorization by the said person to publish/performance in public/ communication to the public by broadcast the work;
The work has been withheld from the public by reason of not publishing the work or performing it in public;
That in case of communication to the public by broadcast the terms and conditions proposed by the owner of work are unreasonable.

Place: ………………

Date ………………...

……………..

(Signature)