Section 78 of the Copyright Act, 1957 - Power to Make Rules
Section 78 authorises the Central Government to make rules, by notification in the Official Gazette, for carrying out the purposes of the Copyright Act, 1957. It is the principal rule-making provision under which detailed procedural and administrative requirements can be prescribed.
Meaning and scope of Section 78
Section 78 is a delegated legislation provision. Parliament lays down the substantive copyright framework in the Copyright Act, while this section permits the Central Government to prescribe detailed rules needed to administer that framework. The power is broad, but it must be exercised for carrying out the purposes of the Act and remains subject to the parliamentary control contained in sub-section (3).
Section 78 - Updated statutory text
78. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:
- Clause (a): Omitted.
- the form of complaints and applications to be made, and the licences to be granted, under this Act;
- the procedure to be followed in connection with any proceeding before the Registrar of Copyrights;
- Clause (cA): Omitted by the Tribunals Reforms Act, 2021.
- Clause (cB): the manner in which a person making a sound recording may give prior notice of the intention to make the sound recording under section 31C(2);
- Clause (cC): the register, books of account and details of existing stock to be maintained by a person making a sound recording under section 31C(5);
- Clause (cD): the manner in which prior notice may be given by a broadcasting organisation under section 31D(2);
- Clause (cE): reports and accounts to be maintained, and inspection of records and books of account, for the purposes of section 31D(7);
- Clause (ca): conditions for submission of an application under section 33(2);
- Clause (cb): conditions subject to which a copyright society may be registered under section 33(3);
- Clause (cc): inquiry for cancellation of registration under section 33(4);
- Clause (ccA): the manner in which a copyright society may publish its Tariff Scheme under section 33A(1);
- Clause (ccB): Omitted by the Tribunals Reforms Act, 2021.
- Clause (ccC): the form of application for renewal of registration of a copyright society and the fee accompanying the application under section 33(3A);
- Clause (cd): conditions governing authorisation accepted by a copyright society and withdrawal of such authorisation by owners of rights under section 34(1);
- Clause (ce): conditions subject to which a copyright society may issue licences, collect fees and distribute fees among owners of rights under section 34(3);
- Clause (cf): the manner for obtaining approval of owners of rights regarding collection and distribution of fees, use of amounts collected as fees and provision of information concerning administration of their rights under section 35(1);
- Clause (cg): returns to be filed by copyright societies with the Registrar of Copyrights under section 36(1);
- Clause (d): the manner of determining royalties payable under the Act and the security to be taken for payment of such royalties;
- Clause (da): the manner of payment of royalty under section 52(1)(j);
- Clause (e): the form of the Register of Copyrights and the particulars to be entered in it;
- Clause (f): matters in respect of which the Registrar of Copyrights shall have powers of a civil court;
- Clause (g): fees payable under the Act;
- Clause (h): regulation of the business of the Copyright Office and matters placed by the Act under the direction or control of the Registrar of Copyrights.
(3) Every rule made under Section 78 is required to be laid before each House of Parliament for the statutory period. Parliament may modify or annul the rule in accordance with sub-section (3), without prejudicing the validity of anything previously done under that rule.
Editorial note: The text above is presented in an updated, reader-friendly form. For citation in pleadings, opinions or formal legal work, verify the exact consolidated statutory wording and the relevant amending legislation from official sources.
What rules can be made under Section 78?
- Applications and licences: Rules may prescribe forms, procedures and requirements for applications, complaints and licences under the Act.
- Registrar proceedings: Procedural rules may regulate proceedings before the Registrar of Copyrights.
- Statutory and compulsory licensing: Section 78 supports detailed procedural rules concerning matters such as sound recordings, broadcasting and applicable royalties.
- Copyright societies: Rules may govern registration, renewal, tariff schemes, licensing, fee collection, distribution and statutory returns of copyright societies.
- Register and fees: Rules may prescribe the Register of Copyrights, particulars to be entered and fees payable under the Act.
- Copyright Office administration: Rules may regulate the business of the Copyright Office and matters under the Registrar's direction or control.
Copyright Rules, 2013
The Copyright Rules, 2013 were made by the Central Government in exercise of the power conferred by Section 78. They replaced the Copyright Rules, 1958, subject to the saving stated in the 2013 Rules. The Rules provide detailed procedures for copyright administration, licensing, copyright societies, registration, fees and related matters.
The Copyright (Amendment) Rules, 2021 further amended the 2013 Rules, including provisions concerning electronic communication and filing, copyright societies and other procedural matters. Because the Tribunals Reforms Act, 2021 subsequently abolished the Appellate Board framework under the Copyright Act, statutory provisions should be read with the later 2021 Act wherever older rule text still contains tribunal terminology.
Effect of the Tribunals Reforms Act, 2021 on Section 78
The Tribunals Reforms Act, 2021 made specific changes to Section 78. It omitted clauses (cA) and (ccB) from Section 78(2) and removed the words referring to the Appellate Board from clause (f). The same reform legislation also made wider changes throughout the Copyright Act by reallocating functions previously assigned to the Appellate Board.
Parliamentary control over rules
Sub-section (3) provides legislative oversight. Rules made by the Central Government must be laid before both Houses of Parliament for the period specified in the section. If both Houses agree to modify a rule or agree that it should not be made, the rule thereafter operates in the modified form or ceases to have effect, as applicable. Actions already validly taken under the rule before such modification or annulment are protected by the saving in sub-section (3).