Section 31C of the Copyright Act, 1957: Statutory Licence for Cover Versions
Section 31C creates a statutory licensing route for making a cover version of a literary, dramatic or musical work where an authorised sound recording of that work has already been made. The provision permits a new sound recording without a separately negotiated licence only when every statutory condition is satisfied.
Meaning of cover version under Section 31C
The Explanation to Section 31C defines a cover version as a sound recording made in accordance with that section. It is therefore not enough that a new recording is commonly described as a cover song. To obtain the protection of the statutory licence, the recording must comply with the notice, royalty, packaging, alteration, waiting-period and record-keeping requirements prescribed by law.
Key requirements of Section 31C
| Requirement | What Section 31C requires |
|---|---|
| Earlier authorised recording | A sound recording of the literary, dramatic or musical work must already have been made by, or with the licence or consent of, the owner of the right in the work. |
| Same medium | The cover recording must ordinarily be in the same medium as the last recording, unless that medium is no longer in current commercial use. |
| Prior notice and labels | The maker must give prior notice in the prescribed manner and provide in advance copies of the proposed covers or labels. |
| Advance royalty | Royalty for all copies proposed to be made must be paid in advance at the rate fixed under the statutory mechanism. |
| No misleading presentation | Packaging must not mislead the public about the identity of the recording and must state that it is a cover version made under Section 31C. |
| Restrictions on alterations | Unauthorised alterations to the literary or musical work are prohibited unless previously made with consent or technically necessary for the recording. |
| Five-year waiting period | The cover version cannot be made until five calendar years have expired after the end of the year in which the first sound recording of the work was made. |
| Minimum royalty base | Royalty is ordinarily payable for at least 50,000 copies of each work in each calendar year in which copies are made, subject to a lower minimum that may be fixed for a particular language or dialect. |
| Accounts and inspection | The maker must maintain prescribed registers and books of account, including stock details, and permit inspection by the rights owner or authorised representative. |
Prior notice under the Copyright Rules, 2013
Rule 23 of the Copyright Rules, 2013 deals with notice for making a cover version. It requires notice to the copyright owner and the Registrar of Copyrights at least 15 days in advance, together with the prescribed particulars, proposed covers and labels, and advance royalty. The Rules also prescribe information concerning the work, proposed alterations, copyright ownership, earlier sound recording, number of copies, medium, proposed sale price and royalty payment.
The Copyright Rules, 2013 retain some terminology originating from the former tribunal structure. They should be read with the later institutional amendments made to the Copyright Act, including the Tribunals Reforms Act, 2021.
Section 31C: statutory text in substance
Sub-section (1): A person may make a cover version of a literary, dramatic or musical work where an authorised sound recording of that work already exists, subject to Section 31C. The recording must ordinarily use the same medium as the last recording.
Sub-section (2): Prior prescribed notice, advance copies of covers or labels, and advance royalty are required. Packaging must not mislead or confuse the public, must not improperly use the name or depiction of an earlier performer or related film, and must identify the recording as a cover version under Section 31C.
Sub-section (3): Alterations not previously made with the rights owner's consent are barred unless technically necessary. The five-calendar-year waiting period applies.
Sub-section (4): Royalty is payable on a minimum of 50,000 copies of each work for each relevant calendar year, subject to the Commercial Court's power to fix a lower minimum for a particular language or dialect having regard to potential circulation.
Sub-section (5): Prescribed registers and accounts must be maintained and made available for inspection. On a genuine prima facie complaint of unpaid royalty, the Commercial Court may order cessation of further copies ex parte and, after inquiry, make further appropriate orders including payment of royalty.
Why the Commercial Court is mentioned
The original 2012 version of Section 31C referred to the Copyright Board/Appellate Board framework. Section 10 of the Tribunals Reforms Act, 2021 substituted Commercial Court for Appellate Board in Section 31C and several other provisions of the Copyright Act. For the Copyright Act, the expression includes the Commercial Court constituted under Section 3, or the Commercial Division of a High Court constituted under Section 4, of the Commercial Courts Act, 2015, as applicable.
Practical compliance checklist
- Confirm that an authorised earlier sound recording exists.
- Check that the statutory five-year period has expired.
- Identify the copyright owners in the underlying literary, dramatic or musical works.
- Prepare the notice and all particulars required by Rule 23.
- Provide proposed covers and labels and ensure they clearly identify the recording as a cover version.
- Calculate and pay the applicable royalty in advance in accordance with the governing statutory mechanism.
- Avoid prohibited alterations and misleading use of an earlier performer's identity or film imagery.
- Maintain the prescribed registers, accounts and stock records for inspection.
Legal sources and amendment history
Section 31C was inserted by Section 18 of the Copyright (Amendment) Act, 2012. The institutional reference was later changed by Section 10 of the Tribunals Reforms Act, 2021. Detailed procedural requirements for cover versions appear in Chapter VII of the Copyright Rules, 2013.
This article is a general legal information resource. For a proposed commercial cover version, the current royalty order, procedural requirements and rights position should be checked before release.