Define: Compulsory Copyright Licence

Compulsory Copyright Licence
Compulsory Copyright Licence
Quick Summary of Compulsory Copyright Licence

A compulsory copyright licence is a legal provision that allows a person or entity to use copyrighted material without the permission of the copyright holder. This is typically done in cases where the use of the material is deemed to be in the public interest, such as for educational or research purposes. The licence is granted by the government or a regulatory body and may require the user to pay a fee or royalty to the copyright holder.

Full Definition Of Compulsory Copyright Licence

A compulsory copyright licence is a legal provision that grants specific rights to use copyrighted material under certain conditions without obtaining explicit permission from the copyright holder. This type of licence is typically mandated by government regulations or statutes to facilitate access to copyrighted works for specific purposes deemed to be in the public interest.

Under a compulsory copyright licence, authorised users or beneficiaries, such as educational institutions, libraries, or broadcasters, are allowed to use copyrighted content without seeking individual permission from each copyright owner. Instead, they pay a predetermined fee or royalty to a collective rights management organisation responsible for administering the licence.

The purpose of a compulsory copyright licence is to strike a balance between protecting the rights of copyright owners and ensuring that certain uses of copyrighted works contribute to public welfare, education, or cultural development. These licences often apply to sectors where it is impractical to negotiate individual licences for each use, such as broadcasting, public performances, or reproduction of literary works for educational purposes.

Compulsory copyright licences provide a mechanism to facilitate the legitimate use of copyrighted material while ensuring fair compensation for creators and rights holders, thereby promoting the broader dissemination and accessibility of creative works for societal benefit.

Compulsory Copyright Licence FAQ'S

A compulsory copyright licence is a legal provision that allows certain individuals or organisations to use copyrighted works without obtaining permission from the copyright owner. It is typically granted by the government and is subject to specific conditions and limitations.

Compulsory copyright licences are often granted to entities such as radio and television broadcasters, internet service providers, and educational institutions. These licences enable them to use copyrighted content for specific purposes, such as broadcasting, streaming, or educational activities.

The specific types of works covered by a compulsory copyright licence can vary depending on the jurisdiction. However, they generally include musical compositions, sound recordings, audio-visual works, and literary works.

Under a compulsory copyright licence, the user is required to pay a predetermined fee or royalty to the copyright owner for the use of their work. The terms and conditions of the license, including the payment amount, are typically set by the government or a designated regulatory body.

In most cases, a copyright owner cannot refuse to grant a compulsory licence if the user meets the requirements set by the law. However, the copyright owner is entitled to receive fair compensation for the use of their work.

In certain circumstances, a compulsory copyright license can be revoked or modified by the government or regulatory body that granted it. This may occur if the user fails to comply with the terms of the licence or if there are significant changes in the legal or technological landscape.

In most cases, a compulsory copyright licence cannot be transferred or sublicensed to another party. The licence is typically granted to a specific user or organisation and cannot be assigned to someone else without the copyright owner’s consent.

If a user exceeds the scope of a compulsory copyright licence, they may be liable for copyright infringement. It is important for users to understand the limitations and conditions of the licence and ensure that their use of the copyrighted work falls within those boundaries.

In some cases, a copyright owner may be entitled to seek additional compensation beyond the compulsory licence fee. This may occur if the use of their work goes beyond the scope of the licence or if the licence fee does not adequately compensate them for the value of their work.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 28th April 2024.

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