Sections 20-21 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.
Two short sections deal with the ends of an author's control. Section 20 says what happens to copyright in an unpublished manuscript left by will. Section 21 lets an author give up all or some rights by notice. If you hold a manuscript from a relative, or want to place a work in the public domain, both matter, and our copyright assignment team can draft the documents.
Section 20: a bequest of the manuscript of an unpublished literary, dramatic or musical work, or an artistic work, includes the copyright, unless the will or a codicil shows a contrary intention, so far as the testator owned the copyright just before death. Section 21: an author may relinquish all or any rights by notice in the prescribed form to the Registrar of Copyrights or by way of public notice; the rights cease from the date of the notice, without affecting rights already subsisting in others.
Section 20: transmission of copyright in a manuscript by will
The printed text: "Where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator's Will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death."
| Element | What the text says |
|---|---|
| Who | A person entitled under a bequest to the manuscript (or, for an artistic work, the work) |
| Which works | Literary, dramatic or musical manuscripts, or an artistic work |
| Condition | The work "was not published before the death of the testator" |
| Effect | The bequest "shall ... be construed as including the copyright" |
| Exception | A contrary intention in the Will or any codicil |
| Limit | Only "in so far as the testator was the owner of the copyright immediately before his death" |
Explanation. "Manuscript" means "the original document embodying the work, whether written by hand or not". A typed or digital original therefore counts.
Why it matters: without section 20, a person inheriting the physical manuscript might hold the paper without the right to publish. The section presumes that the copyright goes with the manuscript, unless the will says otherwise.
Example. Poet Ishwar Rao dies leaving an unpublished collection and a will that gives "all my manuscripts" to his niece Leela. Unless the will or a codicil shows a contrary intention, Leela takes the copyright in the unpublished poems along with the manuscripts, to the extent Ishwar owned that copyright just before his death. If Ishwar had earlier assigned the copyright to a publisher, he did not own it, so nothing passes under this section.
What section 20 does not say. It does not apply to works published before death. It does not apply to cinematograph films or sound recordings, which are not in the list. It does not deal with intestate succession; the text is silent. And it does not say how long the inherited copyright lasts; that is in the term sections. See section 24, posthumous works, for the term of copyright in works unpublished at the author's death.
Section 21: right of author to relinquish copyright
Sub-section (1): the notice
"The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice."
The words in square brackets were substituted in 2012, as the footnote states. Before that substitution the notice went to the Registrar alone; the text we have gives the earlier words only through the footnote.
Points to read carefully:
- Only the author. The sub-section speaks of "the author of a work". If the author has assigned the rights, the text does not say that the author can still relinquish them; do not assume it.
- All or any of the rights. The author can give up one right (say, adaptation) and keep the rest.
- Two ways to give notice. In the prescribed form to the Registrar, or by way of public notice.
- Effect from the date of the notice. The rights "cease to exist", not merely become unenforceable.
Sub-section (2) and (2A): publication
On receipt of a notice, the Registrar "shall cause it to be published in the Official Gazette and in such other manner as he may deem fit". Under sub-section (2A), inserted in 2012, the Registrar shall "within fourteen days from the publication of the notice in the Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the public domain for a period of not less than three years".
| Step | Who | Time |
|---|---|---|
| Notice in prescribed form | Author | Date of notice is when rights cease |
| Publish in Official Gazette and other manner | Registrar | Not stated |
| Post on official website | Registrar | Within fourteen days of Gazette publication, for not less than three years |
Sub-section (3): rights of others survive
"The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of the notice referred to in sub-section (1)." If the author has already granted a licence, the licensee's rights survive the relinquishment.
Example. Nisha Verma composes a melody and licenses a record label in 2025. In 2026 she gives notice to relinquish her adaptation right. The notice ends her own adaptation right from the date of the notice, but the label's licence, subsisting on that date, is unaffected.
Practical points
- Check ownership first. Section 21 speaks of the author's relinquishment; an author who has assigned copyright should take advice before relying on it.
- Specify which rights. A notice can cover "all or any" rights; say which.
- Choose the route. The Registrar route and the public-notice route are alternatives in the text. The prescribed form is in the Copyright Rules, 2013; for how an existing registration is surrendered, see our guide on cancelling or surrendering a copyright registration.
- Keep a record. Retain a copy of the notice and the Gazette and website publications.
- Remember third-party rights. Subsisting licences and assignments are not undone.
What the sections do not say
- No fee or form is stated. The notice is "in the prescribed form"; the Rules govern.
- No rule on revoking a relinquishment. The text is silent.
- No time limit for the Gazette publication. Only the website posting has a fourteen-day period.
- Neither section is amended by the Tribunals Reforms Act, 2021 or the Jan Vishwas Acts.
Need help with a bequest or a relinquishment?
Passing on a manuscript, or giving up rights, is simpler when the paperwork is clear from the start. Our copyright assignment team can draft the will clause or the notice, and explain what it does to licences already granted.
Key takeaways
- Section 20: a bequest of an unpublished manuscript includes the copyright, unless the will or a codicil shows a contrary intention.
- Section 20 covers only copyright the testator owned just before death.
- Section 21: an author may relinquish all or any rights by notice to the Registrar or by public notice; rights cease from the date of the notice.
- The Registrar publishes the notice in the Gazette and posts it on the website within fourteen days, for at least three years.
- Rights already subsisting in others are not affected.
Read next
- Section 19A: disputes over assignment of copyright
- Section 22: term of copyright in published works
- Assignment of copyright: sections 18-19
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.