Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Copyright Societies and International Copyright (Section 40)

Updated 11 October 2026 · Fact-checked

A copyright society is a registered association that licenses works on behalf of authors and owners, collects fees and distributes them (Sections 33 and 34). Under Section 40, the Central Government can by gazetted order extend the Act to foreign works. To solve questions, state the provision, apply the facts, then conclude.

Understand Copyright Societies and International Copyright

A single author cannot track every use of a song or film across India. A copyright society solves this. It is an association registered by the Central Government to grant licences and collect fees for many owners together. Section 33 says no person or association may carry on the business of issuing or granting licences for works in which copyright subsists, except under a registration granted under that section. An owner may still license his own works individually, consistent with his obligations as a member of the society.

Registration works like this. An association that fulfils the prescribed conditions applies to the Registrar of Copyrights, who submits the application to the Central Government. The Government considers the interests of authors and owners, the interest and convenience of the public, and the applicants' ability and professional competence. Ordinarily it does not register more than one society for the same class of works. Registration lasts five years and can be renewed, after considering the Registrar's report on the society's working. Renewal is subject to the collective control of the society being shared with authors as owners of copyright or of the right to receive royalty. The Government may cancel registration if the society is managed in a manner detrimental to the interests of authors and other owners. It may also suspend registration for up to one year pending inquiry and appoint an administrator.

Section 34 sets out what a society does. It may accept an exclusive authorisation from an author or owner to administer a right by issuing licences, collecting fees, or both. The owner can withdraw that authorisation, without prejudice to the society's rights under any contract. The society can issue licences, collect fees, and distribute them among authors and owners after deducting its own expenses. It may also tie up with foreign societies to administer rights abroad or in India, but must not allow discrimination in licence terms or fee distribution between Indian and other works.

Now the international side. Copyright is territorial, so a foreign work is not automatically protected in India. Section 40 lets the Central Government, by order published in the Official Gazette, apply all or any provisions of the Act to foreign works. The order can treat a work first published in a foreign territory as if first published in India. It can treat a foreign author as if he were an Indian citizen, and foreign domicile as if it were Indian domicile. For a country outside any treaty or convention with India, the Government must first be satisfied that the country protects, or has undertaken to protect, works entitled to copyright under this Act.

The Act also gives a reverse power. Section 42 allows the Government to restrict rights in works first published in India by authors of a foreign country that does not give adequate protection to Indian authors' works. Sections 40A and 42A do the same for broadcasting organisations and performers. Think of them as a reciprocity toolkit: extend protection to those who protect us, and withhold it from those who do not.

Key rules to remember

Section 33(1): licensing business: Licensing business in works with subsisting copyright → only under registration as a copyright society; Owner may still license his own works individually. Licensing of literary, dramatic, musical and artistic works in cinematograph films or sound recordings must be through a registered society.
Section 33(3) and (3A): registration and term: Registration by Central Government; valid 5 years; renewable; Ordinarily not more than one society for the same class of works. Renewal needs shared collective control with authors.
Section 33(4) and (5): cancellation and suspension: Cancel if managed detrimentally to authors and owners; suspend up to 1 year pending inquiry, with administrator; Cancellation follows such inquiry as may be prescribed.
Section 34: functions: Accept exclusive authorisation → issue licences → collect fees → distribute after deducting expenses; Owner can withdraw authorisation. Foreign tie-ups must not discriminate between Indian and other works.
Section 40: extension to foreign works: Order in Official Gazette → Act applies to foreign works as if Indian; Covers place of first publication, unpublished works of foreign citizens, domicile and author's citizenship. Provisos allow limits on classes, term, conditions and past works.
Section 40 proviso (i): reciprocity test: Non-treaty country → Government must be satisfied of adequate protection or undertaking; The test does not apply to a country with which India has a treaty or which is a party to a convention to which India is also a party.
Section 42: restriction: Foreign country gives inadequate protection → Government may withhold rights in works first published in India by its non-domiciled citizens; Done by Gazette order for works published after the date specified in it.

How to solve Copyright Societies and International Copyright questions

Use this order for any question on copyright societies or international copyright. It matches the ICSI answer style of provision, analysis, conclusion.

1Identify whether the question is about a society (Sections 33 and 34) or foreign works (Sections 40, 40A, 42, 42A).
2State the rule in plain words and cite the section number.
3Pick out the key facts: who applied or acted, which class of works, which country, whether a treaty or convention exists.
4For societies, test registration, five-year term, one society per class, and the authors' share in control.
5For foreign works, check that an Official Gazette order exists and which limb of Section 40 applies (first publication, citizenship, domicile).
6If the country is outside any treaty, apply the reciprocity condition in the first proviso to Section 40.
7Apply the rule to the facts in two or three sentences.
8End with a clear conclusion, for example 'Hence the society's registration can be cancelled' or 'Hence the work is protected only after a Gazette order'.

Quickest way: Two-line classifier

When to use it: Use when time is short and the question is a short note or a quick problem.

Name the actor: society, owner, or Central Government.
Match the power: register, renew, cancel, suspend (Section 33); authorise, license, collect, distribute (Section 34); extend (Section 40, 40A); restrict (Section 42, 42A).
Write the section, one line of rule, one line of application, then the conclusion.

Common mistakes in Copyright Societies and International Copyright

Saying an owner can never license his own works once a society exists
Students read Section 33(1) as a total ban on individual licensing.
Fix: Remember the first proviso: the owner keeps the right to license his own works individually, consistent with his obligations as a member of the registered society.
Writing that a copyright society is registered for 3 or 10 years
Confusion with other registration terms in IP laws.
Fix: Section 33(3A): registration is for five years, renewable before the end of every five years.
Claiming foreign works are protected in India automatically under Section 40
Students ignore that Section 40 is an enabling power.
Fix: Say that protection of foreign works arises when the Central Government makes an order published in the Official Gazette. Cite the section.
Applying the reciprocity condition to every country
The first proviso is read without its bracketed exception.
Fix: The condition applies to a country other than one with which India has a treaty or which is a party to a convention to which India is also a party.
Mixing up Sections 40 and 42
Both deal with foreign countries and look alike.
Fix: Section 40 extends protection to foreign works. Section 42 restricts rights in works first published in India by authors of a country giving inadequate protection.
Forgetting who can cancel or suspend registration
Students write 'the Registrar' by habit.
Fix: The Central Government registers, cancels and suspends. The Registrar only receives and submits the application and reports on the society's working.

Worked examples

Example 1

A registered copyright society for musical works is found to be managed in a way that harms the interests of its member authors. Advise what action the Central Government can take.

Show the solution

Provision: Section 33(4) lets the Central Government cancel the registration of a copyright society if it is satisfied that the society is managed in a manner detrimental to the interests of authors and other owners of rights, after such inquiry as may be prescribed.
Section 33(5) lets it suspend the registration by order pending inquiry for a period not exceeding one year, and appoint an administrator to discharge the society's functions.
Application: the facts show detrimental management, which is the ground in Section 33(4).
The Government should hold the prescribed inquiry. If it is needed in the interest of the authors, it can suspend registration meanwhile and appoint an administrator.

Answer: The Central Government can suspend the registration for up to one year pending inquiry, appoint an administrator, and after inquiry cancel the registration under Section 33.

Example 2

Country X is not party to any treaty or convention with India on copyright. Authors from X want their books first published in X to be protected in India. Explain the legal position.

Show the solution

Provision: Section 40 lets the Central Government, by Gazette order, apply the Act to a work first published in a foreign territory as if first published in India.
Condition: because X has no treaty or convention with India, the first proviso requires the Government to be satisfied that X has made, or has undertaken to make, the provisions it considers expedient to protect in X the works entitled to copyright under the Indian Act.
The order may apply generally or to specified classes of works, may limit the term to that under X's law (not exceeding the Indian term), and may impose conditions and formalities.
Application: without such an order, the books do not get protection under the Act merely because they were published in X.

Answer: The books are protected in India only if the Central Government is satisfied about X's protection and issues a Gazette order under Section 40. Until then the Act does not extend to them.

Exam tips

Quote the section number with every power: 33 for registration, 34 for functions, 40 and 40A for extension, 42 and 42A for restriction.
Learn the three words for a society's money flow: licence, collect, distribute. Add that expenses are deducted before distribution.
In problem questions, check first whether a Gazette order exists. It is the usual trap in Section 40 facts.
Short notes often ask for 'copyright society'. Cover registration, five-year term, one society per class, functions, and cancellation or suspension.
Write a one-line conclusion every time. ICSI answers are marked for the conclusion as well as the provision.

Practice questions from Law relating to Copyright

Copyright Societies and International Copyright: frequently asked questions

What is a copyright society under the Copyright Act, 1957?

It is an association of persons registered by the Central Government under Section 33 to carry on the business of issuing licences for works and rights under the Act. It administers rights for authors and owners collectively. It collects licence fees and distributes them after deducting its expenses.

How long does a copyright society's registration last?

Registration is for five years under Section 33(3A). It can be renewed before the end of every five years on a request in the prescribed form. The Government considers the Registrar's report on the society's working, and renewal needs authors to share collective control.

What does Section 40 of the Copyright Act say?

It empowers the Central Government to extend the Act, by order in the Official Gazette, to foreign works. This can be based on place of first publication, the author's citizenship, or domicile. For non-treaty countries, the Government must first be satisfied about reciprocal protection.

Can an author withdraw authorisation given to a copyright society?

Yes. Section 34(1)(b) gives the author or owner the right to withdraw the authorisation. This is without prejudice to the society's rights under any contract.

What is the difference between Section 40 and Section 42?

Section 40 extends Indian copyright protection to foreign works. Section 42 restricts the Act's protection for works first published in India by authors of a foreign country that does not adequately protect Indian authors' works. Both operate by Gazette order.