If any person working for the benefit of person with disability on a profit basis or for business can apply Copyright Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such

The statement implies that any person working for the benefit of persons with disability, even on a profit basis or for business, can apply to the Copyright Board for a compulsory license to publish copyrighted work for the benefit of such persons. Let's analyze this based on the Copyright Act, 1957. Section 31B of the Copyright Act, 1957: Section 31B(1) of the Copyright Act, 1957, specifically deals with the grant of compulsory licenses for the benefit of persons with disability. It states that any person working for the benefit of persons with disability on a profit basis or for business may apply to the Copyright Board in the prescribed manner for a compulsory license to publish any work in which copyright subsists for the benefit of such persons. However, this provision is subject to a crucial condition: the license is available only in a case to which clause (zb) of sub-section (1) of Section 52 does not apply. Section 52(1)(zb) - Fair Use for Disabled Persons: Section 52(1)(zb) provides for fair use of copyrighted works for the benefit of disabled persons. It allows for the adaptation, reproduction, issue of copies, or communication to the public of any work in any accessible format, by: Any person to facilitate persons with disability to access works, including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research; or Any organization working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons. Crucial Proviso to Section 52(1)(zb): The proviso to Section 52(1)(zb) is critical. It states that the copies of the works in such accessible format are made available to the persons with disabilities on a non-profit basis and only to recover the cost of production. Furthermore, the organization must ensure that the copies are used only by persons with disabilities and take reasonable steps to prevent their entry into ordinary channels of business. Commentary on the Statement: The statement that a person working for the benefit of persons with disability *on a profit basis or for business* can apply for a compulsory license needs careful interpretation in light of Section 52(1)(zb). If the activity falls under Section 52(1)(zb), meaning it is for non-profit purposes and only recovers production costs, then it is considered fair use and does not require a compulsory license under Section 31B. The purpose of Section 31B is to cover situations *not* covered by Section 52(1)(zb). Therefore, if a person or organization intends to publish copyrighted work for the benefit of persons with disability *on a profit basis or for business*, they would indeed need to apply for a compulsory license under Section 31B. The condition "to which clause (zb) of sub-section (1) of Section 52 does not apply" means that if the activity is for profit or business, it falls outside the scope of fair use under Section 52(1)(zb) and thus necessitates a compulsory license application under Section 31B. The Copyright Board, upon receiving such an application, will inquire into the credentials of the applicant and satisfy itself that the application is made in good faith and that a compulsory license is needed to make the work available to the disabled. The Board shall endeavor to dispose of such application within two months. The license, if granted, will specify the methods and organization of production, the period, and the number of copies, including the rate or sovereignty. In conclusion, the statement is largely correct. While non-profit activities for the disabled are covered under fair use (Section 52(1)(zb)), any person or organization seeking to publish copyrighted works for the benefit of persons with disability *on a profit or business basis* must apply for a compulsory license under Section 31B of the Copyright Act, 1957.