Section 32 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 32 lets a person apply for a licence to translate and publish a literary or dramatic work when the owner has not done so within set periods, with extra routes for teaching, scholarship and research and for broadcasting authorities. Applications go to the Commercial Court after the Tribunals Reforms Act, 2021. Publishers and institutions planning translations can consult our copyright assignment team on the paperwork.
Under 32(1), any person may apply for a translation licence after seven years from the first publication of a literary or dramatic work. Under 32(1A), for teaching, scholarship or research, the wait is three years (or one year where the language is not in general use in any developed country) for works other than Indian works. The licence is not exclusive, pays royalties fixed by the Commercial Court, and, if granted under 32(1A), cannot extend to export. A long list of conditions must be met first.
The 2021 wording
The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 32. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The footnotes record the 1984 insertions (Act 23 of 1983) and the 2012 insertion of the words "after a period of seven years from the first publication of the work" in sub-section (1).
Sub-section (1): the seven-year route
"Any person may apply to the for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work."
Sub-section (1A): three years, or one year, for teaching, scholarship or research
"Notwithstanding anything contained in sub-section (1), any person may apply to the for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an Indian work, in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research."
Proviso. Where the translation is "in a language not in general use in any developed country, such application may be made after a period of one year from such publication."
| Route | Works | Language | Wait | Purpose |
|---|---|---|---|---|
| 32(1) | Literary or dramatic work | Any language | Seven years from first publication | Not limited |
| 32(1A) | Literary or dramatic work, other than an Indian work | Any language in general use in India | Three years from first publication | Teaching, scholarship or research; printed or analogous forms |
| 32(1A) proviso | As above | Language not in general use in any developed country | One year from publication | As above |
"Indian work" is defined in section 2(l); see our section 2 article, part 3. The Explanation at the end of section 32 defines "developed country", "developing country", "purposes of research" (which excludes industrial research and commercial research by bodies corporate not owned or controlled by Government) and "purposes of teaching, research or scholarship" (which includes instructional activity at all levels and all other organised educational activity).
Sub-sections (2) and (3): form, price and fee
Every application is in the prescribed form, states the proposed retail price of a copy of the translation, and is accompanied by a deposit with the Registrar of "such fee as may be prescribed" (Copyright Rules, 2013; no figure here).
Sub-section (4): the grant
On an application, the Commercial Court "may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application".
Conditions attached to the licence:
- the applicant pays the owner royalties on copies of the translation sold to the public, "calculated at such rate as the may, in the circumstances of each case, determine in the prescribed manner"; and
- where granted under 32(1A), the licence "shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India".
Government export proviso. The no-export condition does not apply to export by the Government or its authorities of copies in a language other than English, French or Spanish, to Indian citizens abroad or for non-commercial teaching, scholarship or research, if the other country's Government permits it.
The further proviso: no licence unless
No licence under section 32 is granted unless all of the following are met (printed as clauses (a) to (f)):
| Clause | Requirement |
|---|---|
| (a) | A translation in the language has not been published by the owner or any person authorised by him within seven, three or one year, as the case may be, of first publication, or, if published, it is out of print |
| (b) | The applicant proves to the Court's satisfaction that he requested and was denied authorisation by the owner to produce and publish the translation, or that after due diligence he could not find the owner |
| (c) | Where the owner could not be found, the applicant sent a copy of his request by registered air mail post to the publisher named in the work, not less than two months before the application (for an application under sub-section (1)) |
| (cc) | In an application under (1A) (other than under the one-year proviso), six months have passed from the request, or nine months for the one-year proviso, and no translation has been published by the owner or authorised person in that time |
| (ccc) | For a (1A) application: the author's name and the title of the edition are printed on all copies; and, if the work is composed mainly of illustrations, section 32A is complied with |
| (d) | The Court is satisfied that the applicant is competent to produce a correct translation and has the means to pay the royalties |
| (e) | The author has not withdrawn from circulation copies of the work |
| (f) | An opportunity of being heard is given, wherever practicable, to the owner |
Sub-sections (5) and (6): broadcasting authorities
(5) Any broadcasting authority may apply to the Commercial Court for a licence to translate (a) a work referred to in 32(1A) published in printed or analogous forms, or (b) any text in audio-visual fixations made solely for systematic instructional activities, for broadcasting the translation for teaching or for disseminating specialised, technical or scientific research to experts in a field.
(6) Sub-sections (2) to (4) apply with necessary modifications, and no such licence is granted unless the translation is from a lawfully acquired work, the broadcast is through sound and visual recordings lawfully and exclusively made for broadcasting in India, and neither the translation nor its broadcast is used for any commercial purpose.
Example. A university wants a teaching translation of a foreign-authored science textbook first published two years ago. Under 32(1A) it must wait until three years from first publication (one year if the language is not in general use in any developed country), after asking the owner and waiting the clause (cc) period.
What section 32 does not say
- No royalty rate or fee is stated; the Court determines royalty and the Rules prescribe the fee.
- No exclusivity: the licence is "not being an exclusive licence".
- No definition of "general use in India" and no time for the Court's decision is given.
- Termination of a 32(1A) licence is in section 32B.
Need help with a translation licence?
The waiting periods, the request to the owner and the conditions in section 32 all have to line up before you apply. Our copyright assignment team can check your eligibility and prepare the request and the application.
Key takeaways
- Section 32(1): any person may apply for a translation licence after seven years from first publication.
- Section 32(1A): three years (one year for languages not in general use in any developed country) for teaching, scholarship or research, other than for Indian works.
- Licences are non-exclusive; royalties are fixed by the Commercial Court; 32(1A) licences cannot extend to export and copies must carry an India-only notice.
- A list of conditions (a) to (f), including a denied or untraceable request and a waiting period after it, must be met.
- Broadcasting authorities have a separate route in 32(5) and (6).
- Before the Tribunals Reforms Act, 2021 the forum was the Appellate Board.
Read next
- Section 31D: statutory licence for broadcasting
- Section 32A: licence to reproduce and publish works for certain purposes
- Section 32B: termination of licences
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.