Section 30A of the Copyright Act, 1957: Application of Section 19 to Copyright Licences
Section 30A connects the statutory rules governing assignment of copyright under Section 19 with voluntary copyright licences granted by an owner under Section 30. In practical terms, the relevant requirements of Section 19 apply to a Section 30 licence with the adaptations and modifications necessary for a licensing arrangement.
Text and meaning of Section 30A
Section 30A - Application of Section 19. The provision applies Section 19, with necessary adaptations and modifications, to a licence under Section 30 in the same manner in which Section 19 applies to an assignment of copyright.
This means that a copyright licence is not viewed in isolation from the safeguards and particulars prescribed by Section 19. The exact application depends on the nature and terms of the licence because Section 30A itself expressly allows necessary adaptations and modifications.
What is a licence under Section 30?
Section 30 permits the owner of copyright in an existing work, or the prospective owner of copyright in a future work, to grant an interest in the copyright by a licence in writing by the owner or a duly authorised agent. For a future work, the licence takes effect only when that work comes into existence.
Section 19 requirements relevant through Section 30A
Section 19 is titled Mode of assignment. Among other matters, it requires an assignment to be in writing and signed by the assignor or duly authorised agent, to identify the work, and to specify the rights assigned, duration and territorial extent. It also contains provisions concerning royalty or other consideration, non-exercise of assigned rights, and statutory defaults where duration or territorial extent is not stated.
| Provision | Subject | Relevance to Section 30A |
|---|---|---|
| Section 30 | Licences by owners of copyright | Creates the statutory basis for a voluntary copyright licence. |
| Section 30A | Application of Section 19 | Extends Section 19 to Section 30 licences with necessary adaptations and modifications. |
| Section 19 | Mode of assignment | Supplies statutory requirements and rules that Section 30A makes applicable to licences, as adapted. |
Why Section 30A matters
A licence may determine who can exploit specified copyright rights, for what period, in which territory and on what commercial terms. Section 30A helps ensure that the statutory framework applicable to assignments under Section 19 is also brought into the licensing context rather than leaving the form and scope of a licence entirely to implication.
Legislative history
Section 30A was inserted by the Copyright (Amendment) Act, 1994 with effect from 10 May 1995. As originally inserted, it applied Sections 19 and 19A to licences under Section 30. Section 15 of the Copyright (Amendment) Act, 2012 substituted the reference so that Section 30A now applies Section 19.
Official legal resources
For the current statutory text and amendments, refer to the Copyright Act, 1957 on India Code and the Copyright Act, 1957 published by the Copyright Office. The Copyright Office, Government of India also provides copyright rules, notifications, forms and online services.
Related provisions
Continue with Copyright Act, 1957 overview, Section 31 - Compulsory licence in works withheld from public, Section 31A - Compulsory licence in unpublished or published works, and Section 31B - Compulsory licence for benefit of disabled persons.
Note: This page provides general statutory information. For a particular licence or dispute, the complete agreement, applicable amendments and relevant judicial decisions should be examined.