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ARTICLE · 03 JULY 2017

Compulsory License Of Copyright Work

Any person can seek voluntary license from the copyright owner in writing to publish the work. This license is the result of negotiations over terms, royalties etc.

IndiaIntellectual Property
N. Mahabir
N. Mahabir
  1. Copyright is the monopoly granted in exchange or as a quid pro quo for disclosure of work.  Disclosure of various work enriches the society and keeps the march of mankind intact.  Public interest is writ large through the idea of copyright, its protection, enforcement and relinquishment.
  1. It is therefore an anathema to the conferment of copyright that the protected work is not available for public consumption.  Any person can seek voluntary license from the copyright owner in writing to publish the work.  This license is the result of negotiations over terms, royalties etc.  Problems arise when voluntary license does not materialise for any reason.   Since dissemination of work is necessary, mechanism is provided to seek compulsory license in certain circumstances subject to just compensation being paid to the owner of the work.

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