Copyright Ordinance, 1962 — section 36

36. Compulsory licence in works withheld from public..—(1) If at any time during the term of copyright in any Pakistani work which has been published or performed in public, an application is made to the Board that the owner of the copyright in the work

(a)has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work and by reason of such refusal the work is withheld from the public; or

(b)has refused to allow communication to the public by 1[broadcast] of such work or, in the case of a record, the work recorded in such record, on terms which the applicant considers reasonable; 1[or] 1 [(c) is dead or is unknown or cannot be traced or found and republication of the work is necessary in the public interest;] the Board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that such refusal is not in the public interest, or that the grounds for such refusal are not reasonable 1[, or that the owner of the copyright is dead or is unknown or cannot be traced or found and republication of the work is necessary in the public interest,] direct the Registrar to grant to the applicant a licence to republish the work, perform the work in public or communicate the work to the public by 1[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the Board may determine; and thereupon the Registrar shall grant the licence to the applicant in accordance with the directions of the Board, on payment of such fee as may be prescribed.

(2)Where two or more persons have made applications under sub-section (1), the licence shall be granted to the applicant who, in the opinion of the Board, would best serve the interests of the general public. 2 [(3) The Federal Government or the Board may, upon an application by any governmental or statutory institution, in the public interest, grant a license to reprint, translate, adopt or publish any text book on non-profit basis.] 1 Subs., added and Ins. by Act No. XX of 1992, s. 6. 2 Added by Ordinance No. LIII of 2000, s. 9.