Define: Compulsory Licence

A compulsory licence is a legal mechanism that allows someone to use a copyrighted work without the explicit permission of the copyright owner. It is typically granted by a government authority in certain circumstances, such as when the work is deemed to be of public interest or when the copyright owner is unable or unwilling to grant a license.

A compulsory licence can be granted when the copyright owner has not made the work available to the public on reasonable terms, or when the work is necessary for the public interest, such as in the case of pharmaceutical drugs or essential technologies.

Typically, anyone who wishes to use a copyrighted work can apply for a compulsory licence. However, the specific requirements and procedures for obtaining a compulsory licence may vary depending on the jurisdiction.

The royalty rate for a compulsory license is usually determined by a government authority or a designated body. It is often based on factors such as the market value of the work, the economic impact on the copyright owner, and the public interest in accessing the work.

In some cases, a compulsory licence can be revoked if the circumstances that led to its grant no longer exist. For example, if the copyright owner starts making the work available on reasonable terms, the compulsory licence may no longer be necessary.

In general, a compulsory licence cannot be transferred or sublicensed to another party. It is typically granted to a specific individual or organisation for their own use.

Yes, there are usually limitations on the use of a work under a compulsory licence. These limitations may include restrictions on the scope of use, the duration of the licence, and the requirement to pay royalties to the copyright owner.

In most jurisdictions, compulsory licences can be granted for various types of copyrighted works, including music, literature, films, and software. However, the specific requirements and procedures may differ depending on the nature of the work.

A compulsory licence can promote access to important works that might otherwise be unavailable or unaffordable. It can also encourage innovation and competition by allowing others to build upon existing copyrighted works. Additionally, it can help strike a balance between the rights of copyright owners and the public interest.