Sections 30-30A 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.
Sections 30 and 30A are the Act's rules for an owner who wants to grant a licence instead of assigning copyright. Section 30 says who may grant a licence and in what form; section 30A brings over the section 19 rules on assignment, such as identifying the work, rights, duration, territory and royalty. If you license your book, song or software, a clear written licence is the safest route; our copyright assignment team drafts licences as well as assignments.
The owner of the copyright in an existing work, or the prospective owner of a future work, may grant any interest in the right by licence in writing by himself or his duly authorised agent. A licence for a future work takes effect only when the work comes into existence. Section 30A applies section 19, with necessary adaptations and modifications, to licences as it applies to assignments.
Section 30: what it says
"The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing by him or by his duly authorised agent."
The words "writing by him" replaced "writing signed by him" in 2012, as the footnote records.
| Element | Printed text | Practical meaning |
|---|---|---|
| Who may grant | The owner of the copyright in an existing work; the prospective owner of a future work | The person with the right, or who will have it |
| What may be granted | "any interest in the right" | Any part of the copyright, not only the whole |
| Form | "by licence in writing by him or by his duly authorised agent" | A written licence from the owner or an authorised agent |
| Future works | The proviso: the licence "shall take effect only when the work comes into existence" | A licence for an unmade work does not operate until the work exists |
Explanation. "Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence." So an author's studio or a freelance licensee can pass the benefit to heirs unless the licence says otherwise.
Example. Tanya Roy agrees in January to license a stage adaptation of a novel that her friend, author Sameer Bhatt, is still writing. Sameer, as prospective owner, signs a written licence. The licence does not take effect until the novel exists. If Tanya dies before then, her legal representatives get the benefit unless the licence provides otherwise.
For the commercial difference between exclusive and non-exclusive licences, see our guide on exclusive and non-exclusive copyright licences. An exclusive licence is defined in section 2(j) and excludes all others, including the owner, as to the right licensed.
Section 30A: how section 19 applies to licences
Section 30A was inserted in 1994 (footnote). It reads: "The provisions of section 19 shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work." The footnote records that in 2012 the words "section 19 and 19A" were replaced by section 19. The practical result is that the dispute provisions of section 19A no longer apply to licences by reference; section 19 does.
The rules of section 19 that the text then brings across, adapted for a licence, are these:
| Section 19 provision | What it provides (as printed) | Effect on a licence |
|---|---|---|
| (2) | The assignment shall identify the work, and specify the rights assigned and the duration and territorial extent | A licence should identify the work, the rights licensed, duration and territory |
| (3) | It shall specify the amount of royalty and any other consideration payable to the author or legal heirs during the currency, and be subject to revision, extension or termination on terms mutually agreed | A licence should state royalty and other consideration |
| (4) | Rights not exercised within one year from the date of assignment are deemed to have lapsed, unless otherwise specified | A licensed right not used within one year may lapse, unless the licence says otherwise |
| (5) | If the period is not stated, it is deemed to be five years from the date | Default period for a licence with no stated duration |
| (6) | If the territorial extent is not specified, it is presumed to extend within India | Default territory |
| (8) to (10) | Assignment contrary to rights already assigned to a copyright society is void; film and sound recording royalty rights of authors are preserved | Applies with adaptations |
The words "necessary adaptations and modifications" leave room: the Act does not list which parts of section 19 are altered for licences. We state what section 19 says and flag that the exact adaptation is not spelled out.
Drafting tension to note. Section 19(1) requires an assignment "in writing signed by the assignor", whereas section 30 now says "in writing by him" without "signed". Section 30A applies section 19 "with any necessary adaptations and modifications" to licences. The text does not resolve whether signature is required for a licence. Treat a signed licence as the safe course.
Who is affected
- Authors and artists who license rather than assign keep ownership; the licence should still follow the section 19 content rules.
- Publishers, producers and software vendors who take licences should check the five-year and territory defaults, which apply if the document is silent.
- Heirs benefit under the Explanation when a licensee for a future work dies.
What the sections do not say
- They do not state a form number or fee. Look to the Copyright Rules, 2013 if a prescribed form is relevant; for ordinary private licences the sections state none.
- They do not say a licence must be registered. The text is silent.
- They do not say what "any interest" can include beyond the words.
- They do not set a royalty rate. Rates are for the parties, except in the statutory and compulsory licences covered later in this series.
- They are not touched by the Tribunals Reforms Act, 2021, which does not list sections 30 or 30A.
Practical points
- Put it in writing, and sign it. Both the form requirement and the section 19 content rules point that way.
- State the rights, period, territory and royalty. Otherwise the defaults of five years and India apply.
- Use the right to licence by right. Because "any interest" can be licensed, grant only the rights you mean to.
- Use a draft as a starting point. Our copyright licence agreement template is a base to adapt.
- For tax on licence royalties, see our income-tax guides.
Need help drafting a copyright licence?
A licence that identifies the work, the rights, the duration, the territory and the royalty avoids the default rules and later disputes. Our copyright assignment team can draft or review the licence and advise when an assignment would suit you better.
Key takeaways
- Section 30: the owner, or prospective owner of a future work, may grant any interest in the right by licence in writing.
- A licence for a future work takes effect only when the work exists; the licensee's legal representatives take the benefit if he dies first, unless the licence says otherwise.
- Section 30A applies section 19 to licences with necessary adaptations.
- Section 19 defaults (five years, India) apply where the licence is silent.
- Section 19A is no longer cross-referred in section 30A since the 2012 amendment.
Read next
- Assignment of copyright: sections 18-19
- Section 31A: compulsory licence in unpublished or published works
- Section 14: meaning of copyright
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.