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

Licences by Owners of Copyright under Section 30

Updated 11 October 2026 · Fact-checked

A licence by the owner of copyright lets another person use the work without transferring ownership. Section 30 allows the owner of an existing work, or the prospective owner of a future work, to grant any interest in the right by a licence in writing. For answers, state the rule, apply it to the facts, and conclude.

Understand Licences by Owners of Copyright

Copyright is a bundle of exclusive rights. The owner can use them personally, or allow others to use them. A licence is permission to do an act that would otherwise infringe. The owner stays the owner. The licensee only gets the right to do what the licence allows.

Section 30 is the main provision on voluntary licences. It says the owner of copyright in an existing work, or the prospective owner of copyright in a future work, may grant any interest in the right by licence. The licence must be in writing by the owner or by his duly authorised agent. Before the 2012 amendment the text required a writing "signed by him". Now the text says only "writing by him".

For a future work, the licence takes effect only when the work comes into existence. If the licensee dies before that, his legal representatives get the benefit of the licence, unless the licence says otherwise.

The Act also provides licences that do not depend on the owner's consent. A compulsory licence is granted by the Commercial Court, which directs the Registrar of Copyright to grant it. Section 31A covers unpublished works, or published works withheld from the public, where the author is dead, unknown or cannot be traced, or the owner cannot be found. Section 31B covers publication for the benefit of persons with disability by those working on a profit basis or for business.

A statutory licence under Section 31D lets a broadcasting organisation broadcast a published literary or musical work and sound recording. It must give prior notice and pay royalty at the rate fixed by the Commercial Court. Separately, Sections 34 and 35 deal with copyright societies, which may issue licences under Section 30 for rights owners who authorise them.

Assignment and licence differ. An assignment transfers ownership of the right, wholly or partly. A licence grants permission only. Keep this contrast ready, as students often search for it.

Key rules to remember

Section 30: voluntary licence: Owner (existing work) or prospective owner (future work) → licence in writing by him or his duly authorised agent; The licence can grant any interest in the right.
Future work licence: Licence takes effect only when the work comes into existence; If the licensee dies first, his legal representatives get the benefit unless the licence provides otherwise.
Section 31A: compulsory licence, unpublished or withheld works: Author dead, unknown or untraceable, or owner cannot be found → apply to Commercial Court → Registrar grants licence; The applicant must first publish the proposal in one issue of an English daily with wide circulation, and also in a daily in the translation language if a translation is sought.
Section 31B: compulsory licence for disabled: Person working for the benefit of persons with disability on a profit basis or for business → apply to Commercial Court → licence via Registrar; Applies where Section 52(1)(zb) does not apply. The Court disposes of the application within two months of receipt. The licence specifies means and format, period and number of copies, including rate or royalty.
Section 31D: statutory licence for broadcasting: Prior notice + royalty at the rate fixed by the Commercial Court; Separate royalty rates for radio and television. Authors and principal performers' names must be announced, except where the work is communicated by performance.
Sections 34 and 35: copyright society: Exclusive authorisation from author and other owners → issue licences under Section 30, collect fees, distribute after deducting expenses; Owners may withdraw authorisation, without prejudice to the society's contractual rights. Fees are distributed as far as may be in proportion to actual use of works.

How to solve Licences by Owners of Copyright questions

Use this method for any question on licences under the Copyright Act, whether a problem or a short note.

1Identify the type of licence: voluntary under Section 30, compulsory under Section 31A or 31B, statutory under Section 31D, or through a copyright society under Sections 34 and 35.
2State the provision in plain words, with the section number.
3List the conditions: writing, owner or authorised agent, existing or future work, who may apply, which forum.
4Match each fact in the problem to a condition. Note what is missing, such as a writing or a prior newspaper notice.
5For future works, check whether the work has come into existence and whether the licensee has died.
6Separate licence from assignment if ownership transfer is hinted at.
7Write a clear conclusion that answers the exact question asked.

Quickest way: Four-label sorting method

When to use it: When you have little time and the question asks which licence applies or whether a licence is valid.

Label the licence: voluntary, compulsory or statutory.
If voluntary, check only two things: writing, and owner or authorised agent.
If compulsory, name the forum (Commercial Court), the Registrar's role and the trigger fact.
If statutory, name the broadcaster, prior notice and royalty fixed by the Commercial Court.
Finish with one line of conclusion.

Common mistakes in Licences by Owners of Copyright

Saying a Section 30 licence transfers ownership
Students mix up licence and assignment.
Fix: Write that the owner remains owner and the licensee gets only permission within the licence terms.
Forgetting the writing requirement
Students assume oral permission is enough.
Fix: State that a Section 30 licence must be in writing by the owner or his duly authorised agent.
Treating a future-work licence as effective at signing
The date of the agreement is confused with the date the work exists.
Fix: Say the licence takes effect only when the work comes into existence.
Naming the Copyright Board as the forum for compulsory licences
Older notes use the Board or the Appellate Board.
Fix: Use the Commercial Court, as in the text of Sections 31A, 31B and 31D.
Skipping the newspaper notice under Section 31A
Students remember the application but not the prior step.
Fix: Mention that the proposal must be published before applying, and that the advertisement copy goes with the application.
Thinking a broadcaster under Section 31D needs the owner's consent
The word licence suggests an agreement.
Fix: State that it is a statutory licence: prior notice and royalty are required, not consent.

Worked examples

Example 1

Rahul, an author in Pune, orally allows Sapna Publications to publish his novel in Hindi. Later he disputes it. Advise whether a valid licence exists under the Copyright Act, 1957.

Show the solution

Provision: Section 30 allows the owner of copyright in an existing work to grant any interest in the right by a licence in writing by him or his duly authorised agent.
Facts: the permission was only oral. There is no writing by Rahul or by an authorised agent.
Analysis: the writing requirement is not met, so the arrangement is not a licence under Section 30.

Answer: No valid Section 30 licence exists, as the permission was not in writing by the owner or his duly authorised agent. Sapna Publications cannot rely on it under Section 30.

Example 2

A broadcaster, Radio Bharati, wants to broadcast a published song on its FM station. It has no agreement with the owner. Can it do so?

Show the solution

Provision: Section 31D allows a broadcasting organisation to communicate to the public a published literary or musical work and sound recording, subject to that section.
Conditions: it must give prior notice stating the duration and territorial coverage of the broadcast.
It must pay royalty at the rate fixed by the Commercial Court, with a separate rate for radio.
It must announce the names of authors and principal performers, make no unnecessary alterations, and keep records open to inspection.

Answer: Yes. Radio Bharati may broadcast under the statutory licence in Section 31D without the owner's consent, if it gives prior notice, pays the royalty fixed for radio, and follows the other conditions.

Exam tips

Quote the section number with each licence type. Examiners reward this.
Prepare a short contrast between licence and assignment, as it is a frequent short-note topic.
Memorise the Section 31A steps in order: trigger, newspaper notice, application, inquiry, direction, Registrar grants, royalty deposit.
Use Commercial Court, not Copyright Board, in current answers.
End every problem answer with a one-line conclusion.

Practice questions from Law relating to Copyright

Licences by Owners of Copyright: frequently asked questions

Must a copyright licence be in writing?

Yes, under Section 30 the licence must be in writing by the owner or his duly authorised agent. An oral permission does not meet the section.

What is the difference between assignment and licence in copyright?

An assignment transfers ownership of the right, wholly or partly. A licence grants permission to use the work while the owner keeps ownership. Section 30 covers licences.

When can a compulsory licence be sought under Section 31A?

When a work is unpublished, or published but withheld from the public, and the author is dead, unknown or cannot be traced, or the owner cannot be found. The applicant first publishes the proposal in a newspaper, then applies to the Commercial Court.

What happens if the licensee of a future work dies?

The licence takes effect only when the work exists. If the licensee dies earlier, his legal representatives are entitled to the benefit, unless the licence provides otherwise.