Section 31D 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 31D lets a broadcasting organisation broadcast a published literary or musical work or sound recording without negotiating separately with each owner, if it follows the section: prior notice, royalty at rates fixed by the Commercial Court, separate rates for radio and television, announcement of authors and principal performers, no fresh alteration, and books of account. Broadcasters, owners and societies each have a stake; for licensing support our copyright assignment team can help.
A broadcasting organisation may communicate to the public, by broadcast or by performance, a literary or musical work and sound recording which has already been published, subject to section 31D. It must give prior notice stating the duration and territorial coverage, and pay royalty in the manner and at the rate fixed by the Commercial Court. The Court must fix separate rates for radio and television and may require an advance.
The 2021 wording
Section 31D was inserted in 2012 (footnote). It refers to the "Appellate Board" in sub-sections (2), (3) and (4). The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 31D. 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 and what
"Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section."
| Element | Printed text |
|---|---|
| Who | "Any broadcasting organisation" |
| What it wants to do | Communicate to the public "by way of a broadcast or by way of performance" |
| Works | "a literary or musical work and sound recording which has already been published" |
| Condition | "subject to the provisions of this section" |
The heading says "literary and musical works and sound recording". The section does not cover works that are unpublished, and "broadcast" is defined in section 2(dd) as communication to the public by wireless diffusion or by wire, including a re-broadcast. See our article on section 2 definitions, part 2.
Sub-section (2): notice and royalty
"The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the ."
Three duties: prior notice in the prescribed manner; state duration and territorial coverage; pay royalties at the Court-fixed manner and rate. The text names no rate and this article states none.
Sub-section (3): separate rates for radio and television
"The rates of royalties for radio broadcasting shall be different from television broadcasting and the shall fix separate rates for radio broadcasting and television broadcasting." So a broadcaster that operates in both media does not pay one blended rate.
Sub-section (4): advance
"In fixing the manner and the rate of royalty under sub-section (2), the may require the broadcasting organisation to pay an advance to the owners of rights."
Sub-sections (5) and (6): credit and integrity
(5) "The names of the authors and the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast."
(6) "No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights."
| Duty | Text | Exception |
|---|---|---|
| Announce authors and principal performers | With the broadcast | Not required where the organisation communicates the work by way of performance |
| No fresh alteration | Not technically necessary for broadcasting | Shortening for convenience of broadcast is permitted; any other alteration needs the owners' consent |
Sub-section (7): records and inspection
The broadcasting organisation shall "(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and (b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed." The manner is for the Copyright Rules, 2013.
Sub-section (8): earlier licences and agreements
"Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012." Contracts made before the 2012 Act keep their effect, and section 31D does not override them. The text does not give the commencement date; the footnotes elsewhere in the Act record 21 June 2012 for most 2012 changes.
The steps in order
| Stage | What the broadcaster does | Source |
|---|---|---|
| 1 | Confirms the work or sound recording has already been published | 31D(1) |
| 2 | Gives prior notice stating duration and territorial coverage | 31D(2) |
| 3 | Pays royalty at the Court-fixed rate, radio and television separately | 31D(2), (3) |
| 4 | Pays an advance if the Court so requires | 31D(4) |
| 5 | Announces authors and principal performers (unless by performance) | 31D(5) |
| 6 | Avoids unnecessary alteration, other than shortening | 31D(6) |
| 7 | Keeps records, sends reports, allows inspection | 31D(7) |
Example. A radio station wants to play a published song and its sound recording through the year, in a particular State. It gives prior notice stating the period and the territory, pays royalty in the manner and at the radio rate fixed by the Commercial Court (and an advance, if the Court requires), announces the writer, composer and principal performers on air, and keeps books for the owners' inspection. If the station wants to edit the song beyond shortening, it needs the owners' consent.
Who is affected
- Radio and TV broadcasters use the section as a statutory route; they need records ready for inspection.
- Owners and societies receive royalty at the fixed rates and may inspect the books. See our copyright societies in India guide and the later articles on sections 33 to 36A in this series.
- Performers gain acknowledgment through section 31D(5), though the text names only "principal performers".
For the wider picture of broadcast-related rights, see performing rights and broadcasting rights.
What section 31D does not say
- No royalty rate or advance amount appears in the section.
- No form of notice is set out in the text; it is "in such manner as may be prescribed".
- No time limit is stated for the Commercial Court to fix the rate.
- No definition of "principal performers" is given.
- It says nothing about internet-only transmission; the text speaks of "broadcast", as defined in section 2(dd).
Need help with a broadcast licence?
If you are a broadcaster or an owner dealing with a section 31D royalty, the notice, the records and the rates all matter. Our copyright assignment team can review the position and prepare the paperwork.
Key takeaways
- Section 31D covers published literary and musical works and sound recordings broadcast or performed by a broadcasting organisation.
- Prior notice must state duration and territorial coverage; royalty is at the Commercial Court's rate.
- Separate rates for radio and television; an advance may be required.
- Authors and principal performers must be announced with the broadcast (unless the work is communicated by performance); no fresh alteration except shortening.
- Records must be kept and open to the owners' inspection; earlier licences and agreements before the 2012 Act are unaffected.
Read next
- Section 31C: statutory licence for cover versions
- Section 32: licence to produce and publish translations
- Section 37: broadcast reproduction right
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.