Section 31C 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 31C lets a person make a cover version, a new sound recording of a song, without asking the owner each time, provided conditions are met: prior notice, advance royalty, no misleading labels, no unnecessary alterations, and a five-calendar-year wait after the first recording. The royalty rate is fixed by the Commercial Court (before 2021, the Appellate Board). Labels and artists can rely on our copyright assignment team to document the rights around a cover.
Where sound recordings of a literary, dramatic or musical work have already been made by or with the licence or consent of the owner, any person may make a cover version if they give prior notice, supply the cover or label copies, and pay royalty in advance at the rate fixed by the Commercial Court. The new recording must be in the same medium as the last recording (unless that medium is no longer in current commercial use), must not mislead the public, and cannot be made until five calendar years after the end of the year the first recording was made.
The 2021 wording
Section 31C was inserted in 2012 (footnote). It refers to the "Appellate Board" in sub-sections (2), (4) and (5). The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 31C. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The Commercial Court is as defined in new section 2(fa).
Sub-section (1): who may make a cover version
"Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section."
Two conditions: (1) a sound recording of the work has already been made by or with the licence or consent of the owner, and (2) the person complies with the rest of section 31C.
Proviso. The new recordings "shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use". A cover of a song last issued on a particular medium has to follow it, unless that medium has fallen out of use.
Sub-section (2): notice, labels and advance royalty
The person making the recordings must:
- give prior notice of his intention in the manner prescribed;
- provide in advance copies of all covers or labels with which the recordings are to be sold; and
- pay in advance, to the owner of rights in each work, royalties in respect of all copies to be made, "at the rate fixed by the in this behalf".
Proviso on labelling. The recordings shall not be sold or issued in packaging or with a cover or label "which is likely to mislead or confuse the public as to their identity", and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated. They must also state on the cover that it is a cover version made under this section.
The section states no royalty rate. The rate comes from the Commercial Court's fixing, and this article gives none.
Sub-section (3): no alteration, and the five-year wait
"The person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings."
Proviso. "Such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made."
| Date of first recording | Earliest year a cover can be made |
|---|---|
| Any date in 2026 | After the end of 2031 (five calendar years after the end of 2026), that is, from the start of 2032 |
The count is from the end of the calendar year of the first recording; the exact date within the year does not matter.
Sub-section (4): one royalty for a minimum number of copies
"One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made."
Proviso. The Commercial Court "may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works." So the minimum payable is fixed by number of copies, regardless of how many are made, and the Court can lower it for smaller language markets.
Sub-section (5): records, inspection and ex parte relief
The maker "shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording".
Proviso. If on a complaint to the Commercial Court that the owner of rights "has not been paid in full" for any recordings purporting to be made under this section, the Court "is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty."
Explanation. "Cover version" means a sound recording made in accordance with section 31C.
The steps in order
| Stage | Requirement | Source |
|---|---|---|
| 1 | A recording of the work already exists with the owner's licence or consent | 31C(1) |
| 2 | Five calendar years have passed after the end of the year of the first recording | 31C(3) proviso |
| 3 | Prior notice, label copies and advance royalty at the Court-fixed rate | 31C(2) |
| 4 | Same medium as the last recording, unless it is out of commercial use | 31C(1) proviso |
| 5 | No unauthorised or unnecessary alteration of the work | 31C(3) |
| 6 | Cover states that it is a cover version under this section; no misleading name or image | 31C(2) proviso |
| 7 | Books and registers kept; owner may inspect | 31C(5) |
Example. A song is first recorded in 2020 with the owner's consent. Singer Isha Kapoor may make her version from 2026, after the five calendar years end with 2025, if she gives prior notice, pays the Court-fixed royalty in advance and labels the sleeve as a cover version without naming the original performer.
What section 31C does not say
- No royalty rate appears in the text; it is "the rate fixed by the Commercial Court".
- No form of notice is set out; "the manner as may be prescribed" refers to the Copyright Rules, 2013.
- No express reference to digital releases. The word used is "medium", with the same-medium proviso.
- No limit on the number of covers. The text is silent.
- It does not touch the original sound recording's separate term; see sections 26 to 29.
For a practical overview of music rights, see copyright for music and songs.
Need help with a cover or a music licence?
A cover has to meet notice, label, royalty and timing conditions at once. Our copyright assignment team can check whether section 31C fits your project or whether a direct licence from the owner is the better route.
Key takeaways
- Section 31C lets any person make a cover version where earlier recordings were made with the owner's licence or consent.
- Conditions: prior notice, label copies, advance royalty at the Commercial Court's rate, same medium, no misleading label, no unnecessary alteration.
- No cover until five calendar years after the end of the year of the first recording.
- One royalty is payable for a minimum of fifty thousand copies per calendar year, subject to a lower minimum fixed by the Commercial Court by general order.
- The Commercial Court may pass an ex parte order if royalty is not paid; before the Tribunals Reforms Act, 2021 this was the Appellate Board.
Read next
- Section 31B: compulsory licence for the benefit of the disabled
- Section 31D: statutory licence for broadcasting
- Copyright for music and songs: composers, lyricists and producers
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.