Section 68A of the Copyright Act, 1957 - Penalty for Contravention of Section 52A
Section 68A of the Copyright Act, 1957 creates a criminal penalty where a person publishes a sound recording or a video film in contravention of Section 52A. Section 52A prescribes specified particulars that must accompany the publication of sound recordings and video films.
Updated: 22 September 2026
Text and Meaning of Section 68A
Section 68A - Penalty for contravention of section 52A: Any person who publishes a sound recording or a video film in contravention of the provisions of Section 52A is punishable with imprisonment which may extend to three years and is also liable to fine.
In practical terms, Section 68A is an enforcement provision linked directly to Section 52A. The offence is concerned with publication of a sound recording or video film without complying with the statutory particulars required by Section 52A.
What Does Section 52A Require?
Section 52A of the Copyright Act, 1957 deals with particulars to be included in sound recordings and video films. Its purpose is to require identifying and copyright-related information to accompany such publications.
Sound recordings
For a sound recording, Section 52A(1) requires specified particulars to be displayed on the sound recording and on its container. These include:
- the name and address of the person who made the sound recording;
- the name and address of the owner of copyright in the work; and
- the year of first publication.
Video films
For a video film, Section 52A(2) requires specified particulars to be displayed in the video film when exhibited and on the video cassette or other container. Depending on the work, these include the applicable film certification particulars, the maker's name and address, a declaration regarding the necessary licence or consent from the copyright owner, and the copyright owner's name and address.
Penalty Under Section 68A
| Requirement | Position under Section 68A |
|---|---|
| Conduct covered | Publication of a sound recording or video film in contravention of Section 52A. |
| Imprisonment | May extend to three years. |
| Fine | The offender is also liable to fine. |
| Linked provision | Section 52A - particulars to be included in sound recordings and video films. |
Legislative Background
Section 68A was inserted by the Copyright (Amendment) Act, 1984 with effect from 8 October 1984. The expression "sound recording" was later substituted for the earlier expression "record" by the Copyright (Amendment) Act, 1994 with effect from 10 May 1995.
Related Copyright Offence Provisions
Section 68A forms part of the offence and enforcement provisions of the Copyright Act. Readers may also refer to the linked pages on Section 63 - offences of infringement, Section 64 - police power to seize infringing copies, Section 68 - false statements, Section 69 - offences by companies, and Section 70 - cognizance of offences.
Official Legal Resources
For the authoritative statutory text and current copyright administration information, refer to the Copyright Act, 1957 published by the Copyright Office and the Copyright Office, Government of India.
Note: This page is intended as a general legal information resource. For a specific prosecution, complaint, defence, or compliance issue, the statutory text and facts of the individual matter should be examined.