Copyright Rules, 2013

FORM III

APPLICATION FOR COMPULSORY LICENCE FOR PUBLICATION/

COMMUNICATION TO THE PUBLIC/TRANSLATION

(See rule 11)

To

¹[***] Secretary,

Intellectual Property Appellate Board,

²[***]

New Delhi.

Sir,

1. In accordance with section 31A of the Copyright Act, 1957 (14 of 1957), I hereby apply to the Intellectual Property Appellate Board for a licence to publish/communicate to public/translate the ……………work, in accordance with the particulars given in the enclosed Statement.

2.I hereby undertake to abide strictly by the terms and conditions of the compulsory licence, if granted to me.

3.I hereby verify that the particulars 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

1. Full name of the applicant:…………………..
(In Block Letters)

2. Full address and nationality of the applicant: …………………..

3. Telephone/ Fax/E-mail :……………………………………..

4. Description of the work:

(a) Class of the work (Literary ,Dramatic, Musical, Artistic, Cinematograph Film, Sound Recording);

(b) Title of the work;

(c) Full name, address and nationality of the author and if the author is deceased, the date of his decease;

(d) Language of the work;

(e) Name, address and nationality of the publisher;

(f) Year of first and last publication;

(g) Country of first and last publication;

(h) Price of a copy of the work;

(i) If the copyright in the work is registered under section 45, the Registration Number, if known.

5. If the licence is applied for translation, state:

(a) Language into which the work is proposed to be translated;

(b) Full name, qualifications and address of the translator;

(c) Means of the applicant to produce and publish the translation;

6. Indicate the purpose for which the licence is required.

7. Number of copies of work proposed to be published under the licence applied for,

8. Estimated cost of the work to be published.

9. Proposed retails price per copy of the work.

10. Rate of royalty, which the applicant considers reasonable, to be paid to the copyright owner.

11. Means of the applicant for payment of the royalty.

12. If the licence is applied for communication to public:

(a) Number of public performances of work proposed to be performed under the licence applied for;

(b) Estimated cost of public performance;

(c) Duration of communication to the public and the number of times it is proposed;

(d) The name of the channel and territorial coverage of the communication to the public;

(e) Prevailing standards of royalties in regard to such works.

14. (a) Full name, address and nationality of the person competent to issue a licence;

(b) Whether the applicant after due diligence on his part was unable to find the owner and the copy of the public notice as per rule 11(3);

(c) If the applicant was unable to find the owner, whether he had sent a copy of the request by registered post to the publisher whose name appears on the work. If so, the date on which the copy was sent with evidence.

15. In case of application for translation furnish following additional information:-

(a) Whether a translation in the same language has been published before;

(b) Whether the earlier translation is out of print;

(c) Full name, address and nationality of the earlier translator and if the said translator is deceased, the date of his decease;

(d) Title of the earlier translation;

(e)Full name, address and nationality of the publisher of the earlier translation;

(f) Year of publication;

(g) Price per copy of the earlier translation;

(h) If the earlier translation is registered under section 45, the Registration Number if known;

(i)Rate and amount of royalty paid to the copyright owner in respect of the earlier translation, if known.

16. (a) whether translation has been made into any language other than the language stated in 5 above, if known.

(b) Full name, address and nationality of the translator and if the said translator is deceased, the date of his decease.

(c) Title of the translation.

(d) Language of the translation.

(e)Full name, address and nationality of the publisher of the translation.

(f)Year of publication.

(g) Price per copy of the translation.

(h) If the translation is registered under section 45, the Registration Number if known.

(i) Rate and amount of royalty paid to the copyright owner, if known.

17. Remarks, if any.

18. List of enclosures.

Place…………..

Date………………