SECTION:
(1)
2.30
COMPULSORY LICENSE IN WORKS WITHHELD
FROM PUBLIC
If at any time during the term of copyright in any Liberian work which has been
published or performed in public, a complaint is made to the copyright Board by the
owner of copyright in the work to the effect that:
(a)
Has refused to republish or allow the republication 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 radio-diffusion of such
work or in the case of a record of the work recorded in such record, on terms
which the complainant considers reasonable;
The Copyright Commission, after giving to the owner of the copyright in the work a
reasonable opportunity of being heard and after holding such inquiry as may deem
necessary, may, if it is satisfied that the ground for such refusal are not reasonable,
direct the Director General of copyrights to grant to the complainant a license to
republish the work, perform the work in public or communicate the work to the
public by radio-diffusion, 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
Copyright Board may determine; and thereupon the Director General of Copyrights
shall grant the license to the complainant in accordance with the directions of the
Copyright Board, on payment of such fee as may be prescribed.
An artistic work under this section, is a work, the author of which is a citizen of
Liberia; and an audiovisual work or a record made or manufactured in Liberia.
(2)
Where two or more persons have made a complaint under this sub-section the license
shall be granted to the complainant who, in the opinion of the Copyright
Commission, would best serve the interests of the general public.
A.
Compulsory license in unpublished works
(i)
Where in the case of a Liberian work the author is dead or unknown
or cannot be traced or the owner of the copyright in such work
cannot be found, any person may apply to the Copyright Board for a
license to publish such work or a translation thereof in any language.
(ii)
Before making an application, the applicant shall publish his
proposal in one issue of a daily newspaper in the English Language
having circulation in the major parts of the country and where the
application is for the publication of a translation in any language,
also in one issue of any daily newspaper in that language.
(iii)
Every such application shall be made in such form as may be
prescribed and shall be accompanied with a copy of the
advertisement issued under sub-section (ii) and such fee as may be
prescribed.
(iv)
Where an applicant is made to the Copyright Board under this
section, it may, after holding such inquiry as may be prescribed,
direct the Director General of Copyrights to grant to the applicant a
license to publish the work, a translation thereof in the language
mentioned in the application subject to the payment of such royalty
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