Section 31A of the Copyright Act 1957: Compulsory Licence for Unpublished or Published Works

Section 31A creates a statutory route for obtaining a compulsory licence where an unpublished work, or a published or communicated work withheld from the public in India, cannot ordinarily be licensed because the author or copyright owner is unavailable in the circumstances specified by the Act.

Current authority: Following the Tribunals Reforms Act, 2021, references in Section 31A to the former Appellate Board stand substituted by the Commercial Court. The licence itself is granted by the Registrar of Copyrights in accordance with the Commercial Court's direction.

Meaning and scope of Section 31A

The provision applies where the work is unpublished, or where it has been published or communicated to the public but is withheld from the public in India, and the author is dead, unknown or untraceable, or the copyright owner cannot be found. A person seeking to publish or communicate such a work, or a translation of it in any language, may apply for a compulsory licence.

Section 31A - statutory requirements

Sub-section (1): When an application may be made

An application may be made to the Commercial Court for a licence to publish or communicate the work to the public, or to publish or communicate a translation, when the conditions stated in Section 31A(1) are satisfied.

Sub-section (2): Prior newspaper publication

Before applying, the applicant must publish the proposal in one issue of an English daily newspaper having circulation in the major part of the country. If the proposal concerns a translation, it must also be published in one issue of a daily newspaper in the language of the proposed translation.

Sub-section (3): Prescribed form and fee

The application must be in the prescribed form and be accompanied by the newspaper advertisement and the prescribed fee.

Sub-sections (4) and (5): Inquiry, licence and royalty

After the prescribed inquiry, the Commercial Court may direct the Registrar of Copyrights to grant the licence on royalty and other terms determined by the Court. The Registrar may direct deposit of the royalty in the Public Account of India or another account specified by the Court so that the copyright owner or the owner's heirs, executors or legal representatives may claim it.

Sub-sections (6) and (7): Publication in national interest

Where the original author is dead, the Central Government may require the heirs, executors or legal representatives to publish the work within a specified period if publication is considered desirable in the national interest. If the work is not published within that period, the Commercial Court may, after hearing the parties concerned, permit publication on payment of royalty determined in the prescribed manner.

Procedure under the Copyright Rules 2013

Rule 11 of the Copyright Rules, 2013 governs applications under Section 31A. The application is made in Form III and is accompanied by the fee specified in the Second Schedule. The Rules state that each application concerns one work only and, for a translation, one language only. The prescribed newspaper publication required by Section 31A(2) must accompany the application, except in the situation governed by Section 31A(7).

  1. Confirm that the work and the status of the author or copyright owner fall within Section 31A.
  2. Publish the proposal in the newspapers required by Section 31A(2).
  3. Prepare the prescribed Form III application for the relevant work and, where applicable, the particular translation language.
  4. Attach the required newspaper publication and pay the prescribed fee.
  5. The competent Commercial Court may conduct the prescribed inquiry and determine whether a licence should issue, together with royalty and other conditions.
  6. If directed by the Commercial Court, the Registrar of Copyrights grants the licence in accordance with that direction.

Why Section 31A is important

The provision balances copyright protection with public access where normal permission cannot practically be obtained. It does not extinguish copyright. Instead, it permits use through a statutory licence subject to judicial scrutiny, royalty and licence conditions, while preserving a mechanism for the copyright owner or legal representatives to claim royalty.

Official legal resources

For the current statutory text and procedural material, refer to the Copyright Office - Chapter VI of the Copyright Act, the Copyright Rules 2013 - Chapter V, and Form III for a Section 31A compulsory licence application. The consolidated Act is also available through India Code.

Legislative note: Section 31A was inserted by Act 23 of 1983. Its scope was revised by the Copyright (Amendment) Act, 2012. The Tribunals Reforms Act, 2021 substituted the Commercial Court for the Appellate Board in the relevant provisions.