Rules 6 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 IV of the Copyright Rules, 2013 (rules 6 to 10) sets the procedure for a compulsory licence under section 31 of the Copyright Act, 1957, where a work is withheld from the public. It covers the application in Form II, service on the owner, the hearing, how royalty is fixed, extension of the licence period and cancellation. This article explains each rule in order and shows what the text leaves open.
An applicant uses Form II, for one work only, with the fee in the Second Schedule and adequate evidence of the owner's refusal. A copy goes to the owner by registered post. The licence must state its period, the compensation or royalty rate and other terms. It can be extended for sufficient reasons and cancelled for failure to act within time, fraud or misrepresentation, or breach of terms. These rules speak of the Board, which the Tribunals Reforms Act, 2021 abolished at Act level.
The Board caution
Rules 7 to 10 give work to "the Board". That is how the Rules were notified in 2013, with Form II addressed to the Registrar of Copyrights/Secretary, Intellectual Property Appellate Board. The Tribunals Reforms Act, 2021 abolished the Board at Act level and, for section 31, 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, so this article explains what the rules require of the applicant and the licence, not procedure "before the Board" as current. For the Act text, see our section 31 guide. If you are contemplating or facing such an application, our copyright objection reply team can advise on the response.
Rule 6: the application
Rule 6(1). An application for a licence under section 31 "to re-publish the work or perform the work in public or communicate the work to the public by broadcast" must be made in Form II and "accompanied by the fee specified in the Second Schedule".
Rule 6(2). Every application is "in respect of one work only".
Rule 6(3). An application to re-publish or perform in public needs "adequate evidence to show that the owner of copyright has refused to re-publish or has allowed the re-publication of the work or has refused to allow the performance of the work in public, and the reasons for such refusal." The phrase "has allowed the re-publication" sits oddly with "refused"; it is a drafting slip in the text, and the sense follows section 31 of the Act.
Rule 6(4). An application to communicate the work by broadcast needs adequate evidence, with reasons or grounds, that the owner has refused to allow (a) the communication of the work by broadcast, or (b) in the case of a sound recording, the reasons for the applicant to consider the terms unreasonable.
What Form II asks
| Part | Content |
|---|---|
| Application | Section 31; licence to reproduce, republish, perform in public or broadcast; undertaking to abide by the terms; verification of the particulars |
| Statement 1 to 4 | Applicant's details; the work (class, title, author, language, publisher, publication years and countries, price, registration number) |
| Statement 5 to 7 | By use: copies, cost, price and proposed royalty (republishing); performances and rate; duration, channels, territory and prevailing royalty (broadcast); and means to pay |
| Statement 8 to 12 | Fee particulars; the person competent to issue a licence; evidence of request and refusal, withholding and, for broadcast, unreasonable terms; remarks; enclosures |
Fee (as notified in 2013; check the current Schedule)
The Second Schedule (see rule 83) lists, for section 31: a licence to republish a Literary, Dramatic, Musical or Artistic Work, Rs. 5,000 per work (entry 1, which also names sections 31A, 31B and 32A); to communicate any work to the public by broadcast, Rs. 40,000 per applicant/per station (entry 2); to republish a Cinematograph Film, Rs. 15,000 per work (entry 3); to republish a Sound Recording, Rs. 10,000 per work (entry 4); to perform any work in public, Rs. 5,000 per work (entry 5).
Rule 7: notice and the grant
Rule 7(1). "A copy of application under rule 6 along with the documents relied upon shall be served on the owner of the copyright by registered post." The applicant's side of the work is service on the owner.
Rule 7(2). The Board "shall give an opportunity of being heard to the owner of the copyright and the applicant and also, wherever practicable, to any person claiming any interest in the copyright of the work, and shall take such evidence in respect of the application, as it deems fit."
Rule 7(3). If satisfied, the Board may direct the Registrar to grant the licence to the applicant or, where there are several applicants, to the one who in the Board's opinion would serve the general public interest most effectively.
Rule 7(4). Every licence is subject to the conditions in section 31, including compensation or royalties, and shall specify (a) the period for which it is granted; (b) the quantum of compensation or royalty rate; and (c) such other terms and conditions as the Board thinks fit.
Rule 7(5). The grant is, "as soon as possible", notified in the Official Gazette and on the website of the Copyright Office and the Board, and a copy goes to the other parties. The text gives no fixed day count.
Rule 8: how royalty is worked out
The Board determines the compensation or royalty payable to the owner under section 31, taking into consideration:
| Use | Factors the rule lists |
|---|---|
| Re-publishing or performing in public | Proposed retail price of a copy, or rate at which the work is performed; prevailing standards of royalty for publication or performance; other relevant matters |
| Communication by broadcast | Time slot and different rates for different slots, including repeat broadcast; different rates for different classes of works; prevailing standards of royalty; other relevant matters |
The rule prints no rate or percentage. None is stated here.
Rule 9: extension of the licence period
The Board may, on the licensee's application and after notice to the owner "wherever practicable", extend the licence period if satisfied that the licensee was, for sufficient reasons, unable to re-publish, perform or broadcast within the period in the licence. There is no maximum extension in the text.
Rule 10: cancellation
After giving the licensee an opportunity of being heard, the Board may cancel the licence if:
- the licensee has failed to re-publish, perform or broadcast within the time specified or as extended;
- the licence was obtained by fraud or misrepresentation as to an essential fact; or
- the licensee contravened any term or condition of the licence.
Putting it together
Example. Anand Sound Archive wants to re-issue a long-unavailable album and the owner has refused. Anand files Form II for that one sound recording, pays the entry 4 fee as notified in 2013, attaches proof of request and refusal, and sends the owner a copy by registered post. If it misses the licence period without an extension, the licence can be cancelled after a hearing.
What the rules do not say
- No time limit for disposal of an application, and no rate of royalty (Form II asks the applicant to propose one).
- Whether the Gazette notification is a condition of the licence taking effect.
Need help with a compulsory licence?
Whether you are the applicant who must show refusal or the owner who must answer an application, the evidence and timing matter. Our copyright objection reply team can help prepare or answer the papers.
Key takeaways
- Rule 6 requires Form II, one work only, the Second Schedule fee and adequate evidence of the owner's refusal.
- Rule 7 requires service on the owner by registered post and a hearing; the licence states period, royalty and other terms.
- Rule 8 lists the factors for royalty; no figure is printed.
- Rule 9 allows extension for sufficient reasons; rule 10 allows cancellation on three grounds.
- 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 17–22: compulsory licence for the disabled
- Section 32B: termination of licences
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.