Section 19A 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.
Section 19A lets an assignor go to a forum when an assignee is sitting on assigned rights, or when any dispute arises over an assignment. After the Tribunals Reforms Act, 2021 that forum is the Commercial Court. Authors and heirs who feel locked into an unfair assignment, and publishers and producers who hold assignments, should know the grounds, the five-year bar and the six-month target. For help drafting or challenging an assignment, see our copyright assignment service.
Under 19A(1), if an assignee fails to make sufficient exercise of the rights assigned, and the failure is not attributable to the assignor, the Commercial Court may, on the assignor's complaint and after inquiry, revoke the assignment. Under 19A(2), on a complaint from an aggrieved party in any assignment dispute, it may pass such order as it deems fit, including recovery of royalty; revocation needs the terms to be harsh to the assignor (where the assignor is also the author) and cannot be ordered within five years of the assignment. The Court should try to decide within six months.
The 2021 wording
Section 19A as printed names the "Appellate Board" in every sub-section and proviso. The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 19A. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". Sub-section (3) and the second proviso were added in 2012, as the footnotes record; the section itself was substituted in 1994. "Commercial Court" is defined in new section 2(fa) as a Commercial Court under section 3, or the Commercial Division of a High Court under section 4, of the Commercial Courts Act, 2015.
Sub-section (1): revocation for non-use
| Element | Printed text, in substance |
|---|---|
| Trigger | The assignee "fails to make sufficient exercise of the rights assigned to him" |
| Condition | "such failure is not attributable to any act or omission of the assignor" |
| Who complains | The assignor |
| Decision-maker | The Commercial Court (before 2021: the Appellate Board) |
| Process | On receipt of the complaint "and after holding such inquiry as it may deem necessary" |
| Power | "revoke such assignment" |
Compare this with section 19(4), where the assignment lapses automatically if the assignee does not exercise the rights within one year of the assignment, unless otherwise specified. Section 19A(1) is the route where the assignment has not lapsed but the assignee is not making sufficient use. The text does not define "sufficient exercise", so each case turns on its facts.
Sub-section (2): any dispute about an assignment
"If any dispute arises with respect to the assignment of any copyright, the may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable."
This is wide. The complainant is "the aggrieved party", not only the assignor, and the order can be any order the Court "deems fit", with recovery of royalty named as an example. Three provisos apply:
| Proviso | Rule |
|---|---|
| First | The Court "shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author" |
| Second (2012) | Pending disposal of an application for revocation, the Court may pass such order as it deems fit regarding implementation of the terms and conditions of assignment, "including any consideration to be paid for the enjoyment of the rights assigned" |
| Third | "no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment" |
Drafting slip. In the printed text the second proviso is introduced with an unmatched closing bracket before "Provided also that"; the reading above follows the sense of the three provisos.
The first proviso's words are narrower than they may look: the harshness requirement is stated for the case where the assignor "is also the author". The text does not say what test applies where the assignor is not the author. Do not assume a rule the text does not give.
Sub-section (3): time for decision
"Every complaint received under sub-section (2) shall be dealt with by the as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the shall record the reasons thereof."
This is a target, not a bar. It says "as far as possible" and "efforts shall be made", and requires the Court to record reasons for delay. It applies to complaints under sub-section (2), not to sub-section (1) complaints.
How sections 18, 19 and 19A fit together
| Section | Question it answers |
|---|---|
| 18 | May copyright be assigned, and in what shapes? |
| 19 | How must the assignment be made, and what happens if the assignee does not use the rights? |
| 19A | Who resolves a dispute, and when may an assignment be revoked? |
See the live post on assignment under sections 18 and 19.
Who is affected
Authors and legal heirs. An author who assigned for a fixed price and sees the work unused can use sub-section (1); one who finds the terms harsh can use sub-section (2), subject to the five-year bar.
Publishers, studios and software houses. An assignee should use the rights assigned, or record the reason the failure is not attributable to the assignor. Delay on the assignor's side is the point of the condition in (1).
Example. Dev Malhotra assigns the rights in his novel to a publisher by a deed dated 1 April 2024, and the publisher issues no copies and makes no plans. A revocation under 19A(2) cannot be ordered before 1 April 2029. A complaint under 19A(1) for non-use is not subject to the five-year bar in the text; its conditions are insufficient exercise and no fault of the assignor. Note: whether the five-year bar applies to sub-section (1) is a matter of reading; the proviso is placed under sub-section (2).
What section 19A does not say
- It does not state a time limit for filing. No limitation period appears in the text.
- It does not state a form or fee. The Copyright Rules, 2013 and the Court's own rules apply.
- It does not define "harsh". The text uses the word without definition.
- It does not say what happens to rights after revocation. The text is silent; revocation is the power, and consequences are for the Court's order.
Need help with an assignment gone wrong?
If an assignee is not using your work, or you hold an assignment someone is challenging, the timing and the five-year bar matter. Our copyright assignment team can review the deed, assess the grounds and prepare the complaint or the response.
Key takeaways
- Section 19A now names the Commercial Court; before the Tribunals Reforms Act, 2021 it read "Appellate Board".
- 19A(1): revocation where the assignee fails to exercise the rights sufficiently and the assignor is not at fault.
- 19A(2): any assignment dispute; orders can include recovery of royalty; revocation needs harsh terms (where the assignor is also the author) and cannot be made within five years of the assignment.
- Interim orders on implementation of the terms may be made while a revocation application is pending.
- 19A(3): efforts to decide within six months; reasons for delay must be recorded.
Read next
- Assignment of copyright: sections 18-19
- Sections 20-21: transmission by will and relinquishment of copyright
- Sections 11-12: Appellate Board provisions after 2021
- Copyright assignment deed: draft template
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.