Rules 17 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.
Rules 17 to 22 (Chapter VI) set the procedure for a compulsory licence under section 31B of the Copyright Act, 1957, which lets a person apply for a licence to publish a work in a format useful for persons with disability. The Rules require Form V, service on the owner or publisher by registered post, a licence stating its period, format, number of copies and royalty, and give the owner a way to end the licence by publishing the same format at the same or a lower price.
The application is in Form V, for one work only, with the Second Schedule fee. A copy goes by registered post to the owner or, if the owner is unknown or untraceable, to the publisher named on the work. The licence states period, medium and format, number of copies, royalty rate and who receives it. It can be cancelled on four grounds, including that the owner has met the need by publishing the same format at the same or lower price. Rules 18 to 21 speak of the Board, now abolished at Act level.
The Board caution
Rules 18 to 21 speak of "the Board" and Form V 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 31B 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 explains what the rules require of the applicant and the licence; it does not present procedure before the Board as current. For the Act text see section 31B. If you need a licence or must answer an application, our copyright objection reply team can help.
Rule 17: the application
Rule 17(1). An application for a licence under section 31B "to publish any work in any format useful for person with disability" must be made in Form V with the fee specified in the Second Schedule.
Rule 17(2). Each application is for one work only.
What Form V asks
Form V is headed "Application for a compulsory licence for disabled persons" and is marked "See rule 17". The applicant applies for a licence to publish a published work for the benefit of disabled persons, undertakes to abide by the licence, and verifies the particulars as true. The Statement asks for:
| Item | Content |
|---|---|
| 1 to 4 | Applicant's details; the work (class, title, author, language, publisher, publication details, price, registration number) |
| 5 to 7 | Purpose; the format into which the work is to be converted; the nature of the disability |
| 8 to 13 | Copies, cost, proposed price, proposed royalty, means to pay; fee particulars |
| 14 | The person competent to issue a licence; whether authorisation was denied; whether a copy went to the publisher by registered post if the owner could not be found; whether the author has already published the work for persons with disability, and the price |
The printed form says "Copyright ct" in its first paragraph, which is a typographical slip for "Copyright Act".
Fee (as notified in 2013; check the current Schedule)
The Second Schedule has an entry for a licence "to publish any work in any format useful for person with disability (section 31B)" at Rs. 2,000 per work (entry 7). Entry 1, for republishing a literary, dramatic, musical or artistic work, also names "31B*" with an asterisk that has no matching footnote in the text; the text does not say how the two entries relate.
Rule 18: notice and the grant
Rule 18(1). A copy of the application is served by registered post on the owner of copyright; "if the owner of such copyright is not known or is not traceable, a copy of the application shall be served by registered post on the publisher whose name appears on the work."
Rule 18(2). The Board gives an opportunity of being heard to the owner and the applicant and, wherever practicable, to any person claiming an interest in the copyright, and takes such evidence as it deems fit.
Rule 18(3). If satisfied, the Board directs the Registrar to grant the licence to the applicant or, among several, to the one who in its opinion would serve the interest of disabled persons most effectively.
Rule 18(4). Every licence specifies:
- the period within which the work is to be published;
- the medium and format;
- the number of copies to be produced;
- the rate at which royalties on copies sold to disabled persons are paid to the owner; and
- the person to whom royalties are payable.
Rule 18(5). 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 goes to the other parties.
Rule 19: how royalty is worked out
The Board determines the royalties payable to the owner under section 31B(4), taking into consideration: (a) the proposed price at which a copy will be made available to disabled persons; (b) the prevailing standards of royalties for such works; (c) the cost involved in making the accessible formats; and (d) other relevant matters. Item (b) ends with the dangling words "taking into consideration", which read as a drafting slip. No rate is printed.
Rule 20: extension
On the licensee's application and after notice to the owner "wherever practicable", the Board may extend the licence period if satisfied that the licensee was, for sufficient reasons, unable to produce and publish the work within the period.
Rule 21: cancellation
After hearing the licensee, the Board may cancel the licence if:
| Ground | Text |
|---|---|
| (a) | The licensee failed to produce and publish within the time specified or extended |
| (b) | The licence was obtained by fraud or misrepresentation as to an essential fact |
| (c) | The licensee contravened any term or condition |
| (d) | The owner "has satisfied the requirement of the disabled person by publishing in the same format with same or lower price for which compulsory licence was granted" |
Ground (d) is specific to this Chapter and has no counterpart in rules 10 and 14.
Rule 22: termination notice
Notice for termination of a licence granted under section 31B(3) is served on the person holding the licence by the owner of copyright in Form IV, the same form used under rules 15 and 43 (see our article on rules 11 to 16). The text of Form IV refers to section 32B, not section 31B; the rule and the form do not match on this point, and the text does not explain it.
An example
Disha Trust wants a Tamil novel in large print and Braille for visually impaired students, and the owner has not agreed. Disha files Form V for that one work, stating the format and the disability, and sends a copy to the owner (or, if untraceable, to the publisher) by registered post. A licence would state the period, format, copies and royalty. If the owner later publishes the same large-print edition at the same or a lower price, rule 21(d) allows cancellation.
What the rules do not say
- No time limit for deciding an application.
- No royalty rate or number of copies.
- Whether the format list is closed; Form V asks the applicant to "specify the format".
Need help with an accessible-format licence?
Whether you are an organisation seeking the licence or an owner receiving the notice, the evidence of request, refusal and service matters. Our copyright objection reply team can prepare or answer the papers.
Key takeaways
- Rule 17 requires Form V, one work only, with the Second Schedule fee.
- Service is by registered post on the owner, or on the publisher if the owner cannot be traced.
- A licence states period, medium and format, number of copies, royalty rate and payee.
- A licence can be cancelled where the owner publishes the same format at the same or lower price.
- The Board has been abolished at Act level; later amendments to the Rules should be checked.
Read next
- Rules 11–16: compulsory licence to publish or communicate to the public
- Rules 23–25: cover version notice, conditions and additional copies
- Exceptions to copyright infringement under section 52
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.