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Sections 11-12 of the Copyright Act, 1957: The Appellate Board Provisions After 2021

Sections 11 and 12 stand omitted by the Tribunals Reforms Act, 2021, along with clause 2(aa), which defined the Board. The Commercial Court now takes the Board's role in sections...

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October 1, 2026
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Last updated: October 2026Verified against: Government sources

If you open the printed Copyright Act, sections 11 and 12 still describe an Appellate Board. They no longer apply: the Tribunals Reforms Act, 2021 says "sections 11 and 12 shall be omitted". This article explains what those sections used to say (as history), and shows, section by section, where the Board's work now goes under the 2021 text. If you have a dispute that used to go to the Board, our legal dispute resolution team can help you identify the right forum.

History: what sections 11 and 12 said

This part is history only; it is not the present law.

Section 11, as substituted by the Finance Act 2017 (the footnote records the substitution with effect from 26 May 2017), made the Appellate Board established under section 83 of the Trade Marks Act, 1999 the Appellate Board for the purposes of the Copyright Act, to exercise the jurisdiction, powers and authority conferred on it by or under this Act. Section 12 gave the Board power to regulate its own procedure, to ordinarily hear a proceeding in the zone where the person instituting it resided or worked, to sit in Benches constituted by its Chairman, to refer important matters to a special bench of five members, and to treat it as a civil court for certain purposes and its proceedings as judicial proceedings. Before 2017 the body had been the Copyright Board; the 2017 Act substituted "Appellate Board" throughout, and the Tribunals Reforms Act, 2021 then removed it.

What the 2021 Act does to the Copyright Act

The 2021 Act's Chapter on the Copyright Act (clause 10) is the source for every entry below.

ProvisionWhat the 2021 Act does
s.2(aa)Clause omitted (the Board's definition)
s.2 new (fa)Inserted: "Commercial Court" defined by the Commercial Courts Act, 2015; old (fa) re-lettered (faa)
s.2(u)"Prescribed" substituted: High Court rules for proceedings before a High Court; otherwise rules under the Act
s.6"Appellate Board" becomes "Commercial Court" wherever it occurs; words "constituted under section 11 whose decision thereon shall be final" omitted
Chapter II headingWords "and Appellate Board" omitted
ss.11, 12Omitted
ss.19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A, 33A"Appellate Board" becomes "Commercial Court" wherever it occurs
s.50"Appellate Board" becomes "High Court" wherever it occurs
s.53A"Appellate Board" becomes "Commercial Court"; in sub-section (2), words "and the decision of the Appellate Board in this behalf shall be final" omitted
s.54"Appellate Board" becomes "Commercial Court"
s.72Substituted: appeals from the Registrar of Copyrights lie to the High Court
ss.74, 75Words "and the Appellate Board" omitted wherever they occur
s.77Words "and every member of the Appellate Board" omitted
s.78(2)Clauses (cA) and (ccB) omitted; in clause (f), words "and the Appellate Board" omitted

Before the Tribunals Reforms Act, 2021 each substituted reference read "Appellate Board".

Where the Board's work goes, section by section

Commercial Court.

  • Section 6: questions on publication and on shorter foreign terms. See sections 6 to 8.
  • Section 19A: revocation of assignments and assignment disputes. See section 19A.
  • Section 23: satisfaction on disclosure of an author's identity for anonymous and pseudonymous works.
  • Sections 31, 31A to 31D, 32, 32A: compulsory and statutory licences. These are covered in our licence articles.
  • Section 33A: tariff scheme matters for copyright societies.
  • Section 53A: the resale share right.
  • Section 54: a provision on which the 2021 Act substitutes "Commercial Court" for "Appellate Board".

High Court.

  • Section 50: "Appellate Board" becomes "High Court" wherever it occurs.
  • Section 72: the new text says any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court. The appeal is heard by a single Judge, who may refer it to a Bench at any stage; a further appeal lies to a Bench within three months of the single Judge's decision; and time taken in getting a certified copy is excluded.

Provisions that simply drop the Board. Sections 74 and 75, 77 and 78(2) lose their references to the Appellate Board, so the Registrar's powers, the good-faith protection of members and the rule-making clauses no longer mention it.

A point to flag: section 32B

Section 32B, termination of licences, mentions no "Appellate Board" in the part of the text we read for the licence articles and is not in the 2021 list, which matches what we found. The reader should not assume every licence section was amended; only those listed.

Reading old documents and orders

Orders passed by the Copyright Board or Appellate Board before the 2021 Act, and old agreements that say "the Appellate Board shall decide", refer to a body the Act no longer contains. The Tribunals Reforms Act, 2021 text we read does not include a clause on pending proceedings, and this series gives no commencement date for it. For a pending matter, check the official text and the Act's notification history.

Example. A publisher's licence says "disputes on revocation of assignment shall be decided by the Appellate Board under section 19A". Since the 2021 Act, section 19A names the Commercial Court. A contract clause cannot restore a body the statute has removed, so the clause should be updated to name the forum the Act now gives.

Procedure and wording points

  • The 2021 Act refers to the Commercial Court "for the purposes of any State" through new clause 2(fa).
  • The criminal-procedure and penal-code references in old section 12(7) (sections 345 and 346 of the Code of Criminal Procedure, 1973 and sections 193 and 228 of the Indian Penal Code) are historical. From 1 July 2024 the Code of Criminal Procedure and the Indian Penal Code were replaced by the BNSS and BNS.
  • The 2021 text fixes no fee and no form for any of the proceedings above.

Need help finding the right forum?

If your matter used to be "for the Appellate Board", the answer now depends on the section: Commercial Court for most licence and assignment questions, High Court for appeals from the Registrar. Our legal dispute resolution team can map your dispute to the correct forum and prepare the filing.

Key takeaways

  • Sections 11 and 12 are omitted by the Tribunals Reforms Act, 2021; clause 2(aa) is omitted too.
  • Commercial Court replaces the Board in sections 6, 19A, 23, 31, 31A to 31D, 32, 32A, 33A, 53A and 54.
  • High Court replaces the Board in section 50, and hears appeals against the Registrar's orders under new section 72 (three months).
  • Sections 74, 75, 77 and 78(2) simply lose their references to the Board.
  • Before the Tribunals Reforms Act, 2021 each of these sections read "Appellate Board".

Read next

Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Sections 11-12

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Does the Appellate Board still exist for copyright?

No. Sections 11 and 12 are omitted and the definition in section 2(aa) is omitted.

Who now hears a revocation of assignment?

Section 19A as amended refers to the Commercial Court.

What is not written down will be remembered differently by everyone involved.

— TaxClue Compliance Desk

Sections 11-12: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

No. Sections 11 and 12 are omitted and the definition in section 2(aa) is omitted.

Section 19A as amended refers to the Commercial Court.

To the High Court, within three months, under section 72 as substituted by the 2021 Act.

The words "whose decision thereon shall be final" are omitted from section 6.

The Chapter on the Copyright Act in the text we read does not say. Check the official text.

It is not in the 2021 list of sections amended.