What is Compulsory Licensing under Copyright Law?

Compulsory licensing is a legal provision under the Copyright Act, 1957 that allows a person to use a copyrighted work without the owner’s consent, under specific conditions and with government authorisation.

Such licenses are issued under Sections 31 and 31B, with fair compensation to the owner.

It is typically granted when the copyright holder refuses to make the work available to the public or sets unreasonable terms, hindering access to the work.

The landmark case Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008) clarified its scope, affirming that compulsory licences must serve public needs without violating the copyright holder’s economic rights.