Rule 29 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.
Rule 29 is the first rule of Chapter VIII, on the statutory licence for broadcasting under section 31D of the Copyright Act, 1957. It tells a broadcasting organisation when to send notice to the owner and the Registrar of Copyrights, what to pay with it, how to handle newly published works and unforeseen broadcasts, and what the notice must contain.
A broadcasting organisation using section 31D gives notice to the owner and the Registrar of Copyrights five days in advance, and pays royalty at the rate fixed by the Board. For a newly published work outside scheduled programmes, notice is given before the communication; in unforeseen circumstances, within twenty-four hours after. A notice covers one owner only, and radio, television and performance need separate notices. The rule names the Board, which the 2021 Act abolished at Act level.
The Board caution
Rule 29 speaks of the rate "fixed by the Board" and of royalty "determined by the Board under rule 31". That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and, for section 31D, moved its role to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment. This article explains what rule 29 requires of the broadcaster; it does not present procedure before the Board as current. For the Act text see section 31D. If you are unsure how the notice and royalty fit your programming, our legal consultation team can help.
What rule 29(1) requires
A broadcasting organisation "desirous of communicating to the public by way of broadcast or by way of performance of a published literary or musical work and sound recording under sub-section (1) of section 31D" shall:
- give notice of its intention to the owner of the copyright and to the Registrar of Copyrights, "before a period of five days in advance of such communication to the public"; and
- pay the owner the royalties due "at the rate fixed by the Board in this regard".
The phrase "before a period of five days in advance" is clumsily drafted; the sense is that notice goes at least five days before the communication.
Three provisos
| Case | Timing of the notice |
|---|---|
| General case | Five days in advance |
| Newly published work (published within the said five days) not part of scheduled programmes | "before such communication to the public" |
| Unforeseen circumstances (any published literary or musical work and sound recording) | "within twenty-four hours of such communication to the public", that is, after it |
A fourth proviso (printed as "Provided also") says a broadcasting organisation "shall give a notice under this Chapter only after the royalty to be paid is determined by the Board under rule 31 and published in the Official Gazette and in the website of the Copyright Office and the Board." So no notice can be given until the rate has been determined and published. Rule 31 is covered in our article on rules 30 and 31.
Rule 29(2) and (3): how notices are split
- One owner per notice. "Every such notice shall be in respect of works belonging to one owner only."
- Separate notices by mode. "Separate notices shall be given for communication to the public by way of radio broadcast or television broadcast or by way of performance of a literary or musical work and sound recording which has already been published."
A station that broadcasts songs of three owners on radio and television therefore sends six notices, not one.
Rule 29(4): the twelve particulars
| Item | What the notice states |
|---|---|
| (a) | Name of the channel |
| (b) | Territorial coverage, for radio, television or performance |
| (c) | Details necessary to identify the work |
| (d) | Year of publication of the work, if any |
| (e) | Name, address and nationality of the owner of the copyright |
| (f) | Names of authors and principal performers |
| (g) | Alterations proposed, reasons and evidence of the owners' consent, if required |
| (h) | Mode: radio, television or performance |
| (i) | Name, if any, of the programme in which the works are to be included |
| (j) | Time slots, duration and period of the programme |
| (k) | Details of the payment of royalties at the rates fixed by the Board |
| (l) | Address of the place where records and books of account are kept for inspection by the owner |
Item (l) links to rule 30, which requires the records to be kept and inspectable. Item (f) matches the section 31D duty to announce authors and principal performers; see our article on section 31D for the Act text.
A worked example
Radio Tarang, an FM station, plans a month-long evening programme, "Purane Gaane", with songs from two music companies. After the royalty rate has been determined and published, Radio Tarang sends two notices, one for each owner, at least five days before the first broadcast. Each notice names the channel, territory, the songs, the year of publication, the owner's details, authors and principal performers, any edits and the owners' consent, the mode (radio), the programme name, the time slots and duration, the royalty payment and the address where the records are kept. If a new song is released on the third day and the station wants to play it that evening, the notice for that song goes before the broadcast. If a listener's request leads to an unscheduled play, notice goes within twenty-four hours afterwards.
Who does what
| Person | Duty |
|---|---|
| Broadcasting organisation | Gives notice, pays royalty, keeps the records |
| Owner of copyright | Receives notice and royalty |
| Registrar of Copyrights | Receives a copy of the notice |
| Board (as notified) | Fixes the rate under rule 31 |
What rule 29 does not say
- No rate or amount is printed; it comes from rule 31.
- It does not say how the notice is delivered (post, e-mail or portal) or in what form.
- It does not say how a notice is given to an owner who cannot be traced.
- The Second Schedule prints no fee for the notice.
- It does not define "scheduled programmes" or "unforeseen circumstances".
Need help with broadcast licensing notices?
Broadcasters and owners both benefit from a clear notice process: who is the owner, which mode, which period and which records. Speak to our legal consultation team before you set up the process.
Key takeaways
- Notice goes to the owner and the Registrar five days before the broadcast or performance, with royalty at the rate fixed.
- Newly published works outside scheduled programmes: notice before the communication; unforeseen circumstances: within twenty-four hours after.
- One owner per notice; separate notices for radio, television and performance.
- Twelve particulars, including the address where records are kept.
- The Board is abolished at Act level; check later amendments.
Read next
- Rules 30–31: broadcasting records and manner of determining royalties
- Rules 26–28: cover version records, royalty and complaint for non-payment
- Performing rights and broadcasting rights under copyright
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.