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Question

DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: Where two or more persons have made a complaint for the grant of compulsory licence to the Copyright Board, the licence shall be granted to that complainant only who, in the opinion of the Copyright Board, would best serve the interests of the general public.
Facts : Four persons made a complaint for the grant of compulsory licence to the Copyright Board.

A
Licence shall be granted to only one complainant
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B
Licence may be granted to two complainants
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C
Licence may be granted to three complainants
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D
Licence must be granted to all the four complainants
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Solution

The correct option is A Licence shall be granted to only one complainant
  • Compulsory license is the term generally applied to a statutory license to do an act covered by an exclusive right without the prior authority of the right owner. Compulsory licensing allows for the use of protected without the prior permission of the owner of the right.
  • Section 31 of the Indian Copyright Act provides for the compulsory licensing of copyright in case of works that are withheld from the public. Where two or more persons have made a complaint under section 31(1), the licence shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public.
  • Therefore, in this case, there were four persons who made a complaint for the grant of compulsory licence but according to section 31(2), the Licence shall be granted to only one complainant.

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