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Compulsory License

The document discusses compulsory licensing and statutory licensing under Indian copyright law. It explains that compulsory licensing allows use of a copyrighted work if certain conditions are met, while statutory licensing allows use if conditions are met and a predetermined royalty is paid. The document also discusses a recent dispute between Spotify and a music company over the scope of statutory licensing for streaming music.

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117 views10 pages

Compulsory License

The document discusses compulsory licensing and statutory licensing under Indian copyright law. It explains that compulsory licensing allows use of a copyrighted work if certain conditions are met, while statutory licensing allows use if conditions are met and a predetermined royalty is paid. The document also discusses a recent dispute between Spotify and a music company over the scope of statutory licensing for streaming music.

Uploaded by

divedeep49
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Amity Law School

Amity Law School


Compulsory Licenses
Dr. Gopalam Sultania

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Amity Law School

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Amity Law School

• Compulsory licensing and statutory licensing are two


legal concepts that allow for the use of copyrighted
material without the permission of the copyright owner
in certain circumstances.

• These concepts are codified in the Indian Copyright


Act of 1957 and are intended to balance the exclusive
rights granted to creators under copyright law with the
public's interest in access to information and ideas.

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Amity Law School

• Compulsory licensing is a legal mechanism that


allows a person to use a copyrighted work without the
permission of the copyright owner, provided that
certain conditions are met. In India, compulsory
licensing is governed by section 31 of the Copyright
Act.
• Under this provision, a person can apply to the
Copyright Board for a compulsory license to use a
copyrighted work if the work has not been published
or performed in public within a reasonable time after
the copyright owner has received a request to do so.
The Copyright Board has the authority to grant a
compulsory license if it determines that the use of the
work is in the public interest.
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Amity Law School

• Statutory licensing is a legal mechanism that allows


a person to use a copyrighted work without the
permission of the copyright owner, provided that
certain conditions are met and that the person pays a
predetermined royalty to the copyright owner. In India,
statutory licensing is governed by sections 30 and 31A
of the Copyright Act.
• These provisions allow for the use of copyrighted
works for certain specified purposes, such as
broadcasting or communicating a work to the public,
without the need to obtain the permission of the
copyright owner. In such cases, the person using the
work must pay a royalty to the copyright owner as set
by the Copyright Board.
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Amity Law School

• Since the introduction of statutory licensing of


copyrights in 2012 through an amendment to the
Copyright Act 1957("the Act"), the provision has been
attracting controversy and time and again the scope of
the provision and its constitutionality has been
questioned.
• The recent tussle between Spotify and Warner Music
Group has again brought this provision to the forefront
and has raised issues regarding its scope and
applicability.
• In the current dispute Spotify is trying to make use of
the statutory license provision granted under Section
31D of the Act and expand it to cover streaming of
music on the internet.
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Amity Law School

• Spotify is relying on an Office Memorandum issued by


Central Government which expanded the scope of
Section 31D to include broadcasting on the internet.
• However, Warner Music Group has filed suit to
restrain Spotify from being able to play music from its
catalog on the streaming service. In the light of the
dispute we seek to analyse the scope of the statutory
license granted under the Act.

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Amity Law School

Interpretation of the Statutory Provision:


• Section 31D of the Act gives right to any broadcasting
organisation desirous of communicating to the public
literary, musical work or sound recording that has
been published already, to broadcast the work after
giving prior notice indicating the duration and territorial
scope of the broadcast.
• The organization shall pay royalties to the owner of
the copyright at the rate fixed by the copyright board.
Further, while stating the rates of royalty, this provision
only talks about television and radio broadcast.

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Amity Law School

• There is however no proper distinction between


Compulsory and Statutory License. Both the terms are
often used interchangeably in various jurisdictions.
However, the Indian Copyright Act tries to make a
slight difference between them in terms of fee. In case
of Compulsory Licensing, the royalty is kept to be
negotiated by the parties whereas in Statutory
Licensing, the royalty is prescribed by the Copyright
Board.
• In Statutory Licensing, no permission is required to be
taken from the owner to use his work as the
permission is given by the Statute unlike in
Compulsory Licensing.
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Amity Law School

• It's important to note that both compulsory licensing


and statutory licensing are limited exceptions to the
exclusive rights granted to creators under copyright
law, and they may not be applicable in all situations.

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