Rules 11 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter V of the Copyright Rules, 2013 (rules 11 to 16) is the procedure for a compulsory licence under section 31A of the Copyright Act, 1957: publishing or communicating an unpublished work, or a work withheld from the public, where the author is dead, unknown or untraceable or the owner cannot be found. It sets the application in Form III, a newspaper publication, the terms every licence must state, royalty, extension, cancellation, the termination notice in Form IV and the period the Central Government gives heirs.
Anyone applying under section 31A uses Form III, for one work and one translation language only, with the Second Schedule fee and a newspaper containing the section 31A(2) publication. The licence must state the period, price, royalty deposit and account, and the language or medium. A notice to end a licence under section 32B goes in Form IV (rule 15). Where the author is dead, the Central Government fixes a period of at least six months and at most one year for the heirs to publish (rule 16). Rules 11 to 14 speak of the Board.
The Board caution
Rules 11(4), 11(6), 12, 13 and 14 give work to the "Board", and Form III is addressed to the Registrar of Copyrights/Secretary, Intellectual Property Appellate Board. That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and moved its role under section 31A to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment, so this article describes what the rules require of the applicant, not procedure before the Board. For the Act text see section 31A. If you need to contest or answer such an application, our copyright objection reply team can help.
Rule 11: application and grant
Rule 11(1). Any person may apply in Form III, with the fee in the Second Schedule, for a licence under section 31A to publish or communicate to the public the work or a translation of it, in any language, where the work is unpublished, or published or communicated but withheld from the public in India, and the author is dead or unknown or cannot be traced, or the owner of the copyright cannot be found.
A proviso: where "the desired author is dead" the application can be made only "if there is failure to publish the work within the time specified by the central government as provided in sub-section (6) of section 31A". Rule 16 below fixes that period.
Rule 11(2). One work only, and a translation into one language only.
Rule 11(3). Except an application under section 31A(7), the application must be accompanied by a newspaper containing the publication issued under section 31A(2), published in one issue of an English-language daily with circulation in the major part of the country and, where a translation is sought, in one issue of a daily in that language.
Rule 11(4). If satisfied, the Board directs the Registrar to grant the licence, and where there are several applicants, to the one who would, in its opinion, serve the general public interest most effectively.
Rule 11(5). Every licence is subject to section 31A(7) and shall specify:
| Item | What the licence states |
|---|---|
| (a) | The period within which the work is to be published, translated or communicated |
| (b) | The price at which copies are to be sold, or charges for communicating the work |
| (c) | The amount of royalty to be deposited and the account into which it goes |
| (d) | For a translation, the language of the translation and publication |
| (e) | For communication to the public, the medium |
Rule 11(6). The grant is notified "as soon as possible" in the Official Gazette and on the websites of the Copyright Office and the Board, and a copy is sent to the other parties concerned.
Drafting slips. Rule 11(4) says "Register of Copyrights" where "Registrar" is meant, and Form III says it is an application "in accordance with section 31", where rule 11 says section 31A.
Form III
Form III is the application for a compulsory licence for publication, communication to the public or translation. Its Statement asks for the applicant's details; the work (class, title, author, date of death if any, language, publisher, publication details, price, registration number); for a translation, the language and the translator's qualifications; the purpose, copies, cost, price, proposed royalty and means to pay; for communication, performances, duration, channel and territory; and fee particulars. Item 14 asks whether the applicant, after due diligence, could not find the owner, with a copy of the public notice under rule 11(3), and whether a copy of the request went by registered post to the publisher named on the work. Items 15 and 16 take details of earlier translations, including whether out of print.
Fee (as notified in 2013; check the current Schedule)
The Second Schedule has an entry for a licence to publish or communicate to the public the work or translation under section 31A at Rs. 5,000 per work (entry 6). Entry 1 (republish a literary, dramatic, musical or artistic work) also names section 31A.
Rule 12: royalty
The Board "shall determine the amount of royalty to be deposited by the applicant", taking into consideration the prevailing standards of royalties for such works and other relevant matters. No rate is printed.
Rule 13: extension
On the licensee's application, if satisfied that the licensee was for sufficient reasons unable to produce and publish the translation, reproduce the work or communicate it within the licence period, the Board may extend the period. Unlike rule 9, rule 13 does not require notice to the owner.
Rule 14: cancellation
After hearing the licensee, the Board may cancel for failure to act within the time specified or extended, fraud or misrepresentation as to an essential fact, or breach of a term.
Rule 15: notice for termination, Form IV
Under the proviso to section 32B(1) or section 32B(2), notice for termination of licence "shall be served on the person holding the licence by the owner of copyright in Form IV". Form IV (marked "See rules 15, 22 and 43") records that copies of a translation or reproduction of the work have been published by the owner or under the owner's authorisation, with title, owner, first publication, translator and Indian publishers. See section 32B on termination of licences.
Rule 16: the period for heirs
If the Central Government decides to make a request under section 31A(6), it "shall specify a minimum period of six months and a maximum of one year for publication of work by the heirs, executors or legal representatives of the author of work." The text gives no start date for the period.
An example
Neha Gill finds an unpublished Marathi play whose author died and whose heirs cannot be traced. She files Form III for a Hindi translation (one language only), encloses the newspapers carrying the section 31A(2) notice, pays the fee as notified in 2013, and records her due diligence in item 14.
The rules print no royalty rate, no time for disposal, and no start date for rule 16's period.
Need help with a section 31A matter?
Showing that an owner could not be found, or defending an owner who can be, turns on documents and dates. Our copyright objection reply team can review the papers and plan the response.
Key takeaways
- Rule 11 requires Form III, one work and one translation language, the fee and the newspaper with the section 31A(2) publication.
- A licence states period, price, royalty deposit and account, language or medium (rule 11(5)).
- Rules 12 to 14 cover royalty, extension and cancellation, in terms of the Board, now abolished at Act level.
- Rule 15 requires Form IV for termination notices under section 32B; rule 16 gives heirs six months to one year.
- Check later amendments to the Rules, forms and fees.
Read next
- Rules 6–10: compulsory licence for works withheld from the public
- Rules 17–22: compulsory licence for the disabled
- Compulsory licence under section 31
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.