Section 31A 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 31A deals with works whose owner cannot be found. If a work is withheld from the public in India and the author is dead or unknown or cannot be traced, or the owner of the copyright cannot be found, any person may apply for a licence to publish or communicate the work, or a translation of it. After the Tribunals Reforms Act, 2021 the application goes to the Commercial Court. A publisher or archive planning such a project can use our copyright assignment service for the licensing paperwork around it.
Where an unpublished work, or a published or communicated work, is withheld from the public in India and the author is dead, unknown or untraceable, or the owner cannot be found, any person may apply to the Commercial Court for a licence to publish or communicate it, or a translation, in any language. The applicant must first advertise the proposal in a daily English-language newspaper. The Court may direct the Registrar of Copyrights to grant the licence on royalty and terms the Court determines, and royalty can be deposited for the owner or heirs to claim.
The 2021 wording
Section 31A as printed refers to the "Appellate Board" throughout. The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 31A. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The footnotes record that section 31A was inserted in 1984 (Act 23 of 1983), and that in 2012 the heading words "or published works" and the whole of sub-section (1) were substituted. The Commercial Court is defined in new section 2(fa) of the Act.
Sub-section (1): who may apply, and when
"Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the for a licence to publish or communicate to the public such work or a translation thereof in any language."
| Element | Printed text |
|---|---|
| Works covered | Any unpublished work, or any work published or communicated to the public |
| Condition 1 | The work is "withheld from the public in India" |
| Condition 2 | The author is dead or unknown or cannot be traced, or the owner of the copyright cannot be found |
| Applicant | "any person" |
| Authority | The Commercial Court (before 2021: the Appellate Board) |
| What may be sought | A licence to publish or communicate the work, or a translation, in any language |
The 2012 amendment widened the section from "Indian works" to any work, as the footnotes record. The text does not say how thorough a search for the owner must be; it uses "cannot be traced" and "cannot be found" without a standard.
Sub-sections (2) and (3): notice and application
Newspaper proposal (2). Before applying, "the applicant shall publish his proposal in one issue of a daily newspaper in the English language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language."
Application (3). "Every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed." The form and fee are in the Copyright Rules, 2013 and amendments; this article states no fee.
| Step | Source | What the applicant does |
|---|---|---|
| 1 | 31A(2) | Publishes the proposal in one issue of an English daily; for a translation, also in a daily in that language |
| 2 | 31A(3) | Files the application in the prescribed form with the advertisement copy and the prescribed fee |
| 3 | 31A(4) | The Court holds the prescribed inquiry |
Sub-section (4): the order
"Where an application is made to the under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the ."
Two roles: the Court decides and the Registrar grants. The Registrar acts "in accordance with the direction" of the Court. The royalty is whatever the Court determines; the text states no rate. The word "may" means the Court has a discretion.
Sub-section (5): deposit of royalty
"Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the in the public account of India or in any other account specified by the so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time." The owner's claim is not time-limited by the words "at any time".
Sub-sections (6) and (7): publication in the national interest
(6) "Without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it."
(7) "Where any work is not published within the period specified by the Central Government under sub-section (6), the may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the may, in the circumstances of such case, determine in the prescribed manner."
This is a second route: the Government sets a period, the heirs may publish themselves, and only if they do not may anyone apply under (7).
Example. An archive finds the unpublished diaries of a writer whose heirs cannot be traced. It advertises its proposal, applies with the advertisement copy and fee, and, if the Court is satisfied after the prescribed inquiry, the Registrar grants a licence on terms and royalty the Court fixes, the royalty being deposited for heirs who surface later.
How it differs from section 31
Section 31 lets the Court direct a licence when an owner refuses to republish or allow performance, or to allow broadcast on reasonable terms. Section 31A is for the case where the owner cannot be found or the author is dead or unknown. Neither makes the licence exclusive in words; the text of 31A is silent on exclusivity.
What section 31A does not say
- No time limit for the Court's decision, and no definition of "withheld from the public".
- No search standard for "cannot be found".
- No royalty rate, fee amount or licence period; the Court's terms decide.
Need help with an orphan or untraceable work?
If you want to publish a work whose owner cannot be found, the sequence of newspaper notice, application and inquiry must be followed exactly. Our copyright assignment team can prepare the proposal, the application and the licence terms.
Key takeaways
- Section 31A lets any person apply for a licence where a work is withheld in India and the author is dead, unknown or untraceable, or the owner cannot be found.
- Applications now go to the Commercial Court; before the Tribunals Reforms Act, 2021 they went to the Appellate Board.
- The applicant must first advertise the proposal in one issue of an English daily (and a daily in the translation language, if relevant).
- The Court directs; the Registrar grants. Royalty and terms are fixed by the Court, and royalty may be deposited for the owner or heirs.
- The Central Government may require heirs to publish in the national interest, failing which the Commercial Court may permit others.
Read next
- Section 31: compulsory licence in works withheld from public
- Section 31B: compulsory licence for the benefit of the disabled
- Sections 30-30A: licences by owners 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.