Rules 4 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 4 and 5 sit in Chapter III of the Copyright Rules, 2013. They explain how an author who wants to give up some or all of the rights in a work, under section 21 of the Copyright Act, 1957, does it: either by a notice in Form I to the Registrar of Copyrights, or by a public notice whose contents rule 5 lists. Rule 5 is printed in the text without a heading.
An author who wants to relinquish rights under section 21 must either give notice to the Registrar of Copyrights in Form I or give public notice under rule 5(2). The Registrar posts the notice on the Copyright Office website within fourteen days of the Gazette publication, and it stays there for not less than three years. A public notice must give the eight particulars listed in rule 5(2).
Which section the rules serve
Both rules implement section 21 of the Act, which lets an author relinquish all or any of the rights comprised in the copyright in a work. Our article on sections 20 and 21: transmission by will and relinquishment covers the Act text. The Rules cover only the procedure. If you are relinquishing a right so that others may use the work, compare it with a licence or assignment, and speak to our copyright assignment team before you give anything up, because a relinquishment is a one-way step.
Rule 4: two routes
Rule 4 says: "The author of a work desiring to relinquish under section 21 all or any of the rights comprised in the copyright in the work shall give notice to the Registrar of Copyrights in Form I or give public notice under sub-rule (2) of rule 5."
Three points follow from the text:
- Only the author is named. The text does not mention a successor, assignee or joint owner relinquishing under these rules.
- The relinquishment may cover all or any of the rights.
- The two routes are alternatives, joined by "or".
Form I
Form I is headed "Notice of Relinquishment of Copyright" and is marked "". It is addressed to the Registrar of Copyrights at the Copyright Office. It has three parts:
| Part | What it contains |
|---|---|
| Notice | A short letter saying the author, in accordance with section 21, gives notice that with effect from the date of the notice he relinquishes, to the extent specified in the enclosed affidavit, his rights in the work described in the affidavit |
| Affidavit | The author states: he is the author; he is the owner of the copyright to the extent specified in the statement; he relinquishes his rights to that extent |
| Statement | Class of work (literary, dramatic, musical, artistic, cinematograph film, sound recording); title; full name, address and nationality of the author; language; publisher's name, address and nationality; year and country of first publication; registration number under section 45 if known; the rights owned on the date of the affidavit (joint owners to be named); the extent of relinquishment; remarks |
The affidavit is "solemnly affirmed" before a Magistrate, whose signature and seal appear at the foot. The form states that the deponent is known personally to the Magistrate or identified by another person.
Rule 5: public notice route (heading missing in the text)
Sub-rule (1): posting on the Copyright Office website
"The Registrar of Copyrights shall, within fourteen days from the date of the publication of the notification in the Official Gazette, post the notice on the website of the Copyright Office so as to remain the same in public domain for a period of not less than three years."
Read plainly: the Registrar has fourteen days from the date of publication in the Gazette, and the posting must remain visible for at least three years. The text does not say who sends a notice to the Gazette; it only says the fourteen days run from "the publication of the notification". It also does not say what happens after three years.
Sub-rule (2): what the public notice must contain
An author relinquishing by public notice "shall include in the notice the details as given below":
| Item | Detail |
|---|---|
| (a) | Class of the work, as in section 13(1) |
| (b) | Title of the work |
| (c) | Full name, address and nationality of the author |
| (d) | Language of the work |
| (e) | Name, address and nationality of the publisher, if published, with the year of publication and country of first publication |
| (f) | Registration number, if the copyright is registered under section 45 |
| (g) | The right or rights to be relinquished |
| (h) | The date of relinquishment of the rights |
The list is almost the same as the statement in Form I, with one addition: the date of relinquishment (item h).
Sub-rule (3): forwarding a copy
"The author may forward a copy of the public notice, along with proof of his identity, to the Registrar and on receiving such notice, the Registrar shall post the same on the website of the Copyright Office." So the author may send a copy, with identity proof, and the Registrar then posts it. The text sets no time limit here.
The Explanation: what counts as "public notice"
For Chapter III, "public notice" means any of:
- mentioning the notice on the work or the cover of the work; or
- publication in one issue of a daily newspaper in the English language having circulation in the major part of the country, and also in one issue of a daily newspaper in the same language of the work; or
- posting the notice on the website of the Copyright Office, at the author's request, with the details required by sub-rule (2).
The two newspaper limbs are joined by "and also", so both are needed under limb 2.
Drafting slip. Rule 5(2) says "The author relinquishing the rights under rule 5 by giving public notice"; the sense is under this rule, not "rule 5" as a separate subject. Rule 5's heading is also absent in the text.
An example
Kavya Menon wrote a Hindi guide to household budgeting and wants to let anyone reproduce her charts, giving up her reproduction right in them. She can (a) send Form I to the Registrar with an affidavit affirmed before a Magistrate stating she is the author and owner of that right, or (b) publish a public notice: one insertion in an English daily with national circulation and one in a Hindi daily, naming the work, her details, the publisher, the right relinquished (reproduction of the charts) and the date. Either way, the notice goes on the Copyright Office website for at least three years once the Gazette publication occurs.
What the rules do not say
- No fee is mentioned in rules 4 and 5; check the Second Schedule and the current fee position.
- The text does not say what the Registrar does to check identity, nor what happens if a notice is incomplete.
- It does not say whether a relinquishment can be withdrawn.
- It does not say which of the two routes is quicker.
For where a registered work's entry fits in, see the register of copyrights under sections 44 and 45.
Need help with relinquishing or licensing a right?
Before giving up a right permanently, check whether a licence or assignment would meet your goal while keeping control. Our copyright assignment team can compare the options and prepare the documents.
Key takeaways
- Rules 4 and 5 give the procedure for relinquishment under section 21: Form I to the Registrar, or a public notice under rule 5(2).
- The Registrar posts the notice on the Copyright Office website within fourteen days of the Gazette publication, for at least three years.
- A public notice must carry eight particulars, including the right relinquished and the date.
- "Public notice" can be on the work, in two newspapers, or on the Copyright Office website.
- The text is the Rules as notified in 2013 with the 2016 amendment; check later amendments and forms.
Read next
- Rule 3: terms and conditions of the Chairman and members of the Copyright Board
- Rules 6–10: compulsory licence for works withheld from the public
- How to cancel or surrender a copyright registration
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.