Section 31D of the Copyright Act, 1957: Statutory Licence for Broadcasting

Section 31D of the Copyright Act, 1957 provides a statutory licensing mechanism for a broadcasting organisation that seeks to communicate to the public, by broadcast or by performance, certain published literary or musical works and sound recordings. The provision was inserted by the Copyright (Amendment) Act, 2012 and operates subject to the conditions stated in the section and the applicable Copyright Rules.

Current statutory terminology: Following the tribunal reforms in 2021, references in Section 31D to the former Appellate Board were substituted with references to the Commercial Court. Accordingly, royalty-related functions under the provision are now expressed in the Act as functions of the Commercial Court.

Meaning and scope of Section 31D

A statutory licence is a licence created by legislation. Where the conditions prescribed by Section 31D and the applicable rules are satisfied, the broadcasting organisation may use the covered published works without negotiating an individual voluntary licence for each broadcast, subject to prior notice, payment of the applicable royalty and the other statutory safeguards.

Requirement	Section 31D position
Eligible user	A broadcasting organisation.
Covered material	Published literary or musical works and sound recordings falling within the provision.
Notice	Prior notice must be given in the prescribed manner, stating the duration and territorial coverage of the broadcast.
Royalty	Royalty must be paid to the owner of rights in each work in the manner and at the rate fixed under the statutory mechanism.
Radio and television	Separate royalty rates are contemplated for radio and television broadcasting.
Records	The broadcaster must maintain prescribed records and accounts and permit inspection as required by law.

Text and explanation of Section 31D

Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.
The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work, stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the Commercial Court.
The rates of royalties for radio broadcasting shall be different from television broadcasting, and the Commercial Court shall fix separate rates for radio broadcasting and television broadcasting.
In fixing the manner and rate of royalty under sub-section (2), the Commercial Court may require the broadcasting organisation to pay an advance to the owners of rights.
The names of the authors and the principal performers of the work shall, except where the broadcasting organisation communicates the work by way of performance, be announced with the broadcast.
No fresh alteration to a literary or musical work which is not technically necessary for broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
The broadcasting organisation shall:
1. maintain the prescribed records and books of account and render the required reports and accounts to the owners of rights; and
2. allow the owner of rights, or the owner's duly authorised agent or representative, to inspect records and books of account relating to the broadcast in the prescribed manner.
Nothing in this section affects the operation of a licence issued or an agreement entered into before commencement of the Copyright (Amendment) Act, 2012.

Notice and compliance under the Copyright Rules

Rule 29 of the Copyright Rules, 2013 prescribes the notice framework for communication to the public under Section 31D. Among other requirements, the rule addresses advance notice, particulars relating to the broadcast, separate notices for relevant modes of communication, royalty payment and record-related compliance. Broadcasters should read Section 31D together with the current rules and applicable royalty orders before relying on the statutory licence.

Important practical points

Section 31D is not an unrestricted permission to use copyrighted material. Its operation depends upon satisfaction of the statutory conditions. A broadcaster must identify the relevant rights, follow the prescribed notice procedure, pay royalty under the applicable statutory framework, respect restrictions on alterations, give required author and performer attribution, and maintain records capable of inspection.

The distinction between radio and television is expressly recognised because Section 31D requires separate royalty rates for those forms of broadcasting. Questions concerning newer modes of digital transmission may involve judicial interpretation and should be checked against current judgments and orders rather than assumed to fall automatically within the provision.

Legislative history

Section 31D was inserted by Section 18 of the Copyright (Amendment) Act, 2012 with effect from 21 June 2012. The original references to the Appellate Board in sub-sections (2), (3) and (4) were subsequently replaced by references to the Commercial Court pursuant to the tribunal reforms made in 2021.

Official legal resources

For the latest statutory text, rules, notifications and administrative material, refer to the Copyright Office, Government of India, the Copyright Act, 1957 and the Copyright Rules, 2013. These official sources should be checked for amendments, notifications and applicable royalty proceedings before acting on the provision.

Note: This page is an informational explanation of Section 31D and should be read with the current Act, Rules, judicial decisions and applicable orders.