Section 32A 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 32A addresses a familiar problem: a book or other work is not available in India, or is priced out of reach for systematic instructional activities. After a relevant period from first publication, any person may apply to the Commercial Court for a licence to reproduce and publish it, usually at the same or a lower price, for instructional use. Institutions and publishers considering this route can ask our copyright assignment team to plan the steps.
After the relevant period (seven years for fiction, poetry, drama, music or art; three years for natural science, physical science, mathematics or technology; five years in any other case) from first publication of an edition, any person may apply to the Commercial Court for a licence to reproduce and publish if copies are not available in India or have not been on sale for six months at a price reasonably related to what is normally charged. The licence is non-exclusive, carries royalties fixed by the Court, and cannot extend to export.
The 2021 wording
Section 32A, inserted in 1984 (footnote), names the "Appellate Board" in several places. The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 32A. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The Commercial Court is as defined in new section 2(fa).
Sub-section (1): when you may apply
"Where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work, (a) the copies of such edition are not made available in India; or (b) such copies have not been put on sale in India for a period of six months, to the general public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities."
| Element | Printed text |
|---|---|
| Works | An edition of a literary, scientific or artistic work |
| Trigger (a) | Copies of the edition "are not made available in India" |
| Trigger (b) | Copies "have not been put on sale in India for a period of six months" to the general public, or for systematic instructional activities, at a reasonably related price |
| Time | After the "relevant period" from first publication |
| Applicant | "any person" |
| What may be sought | A licence to reproduce and publish in printed or analogous forms, at the edition's price or a lower one, for systematic instructional activities |
The relevant period (Explanation)
| Subject of the work | Relevant period from first publication |
|---|---|
| Fiction, poetry, drama, music or art | Seven years |
| Natural science, physical science, mathematics or technology | Three years |
| Any other case | Five years |
Sub-sections (2) and (3): form, price and fee
Every application must be "in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced", and the applicant deposits with the Registrar "such fee as may be prescribed". The Copyright Rules, 2013 govern; this article states no fee.
Sub-section (4): the licence and its conditions
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 reproduction of the work mentioned in the application", subject to:
- Royalty. The applicant pays the owner royalties on copies sold to the public "calculated at such rate as the may, in the circumstances of each case, determine in the prescribed manner".
- No export. The licence "shall not extend to the export of copies of the reproduction of the work outside India" and every copy shall contain a notice that it is available for distribution only in India.
No licence unless (proviso):
| Clause | Requirement |
|---|---|
| (a) | The applicant proves to the Court's satisfaction that he requested and was denied authorisation by the owner, or that after due diligence he could not find the owner |
| (b) | If the owner could not be found, a copy of the request was sent by registered air-mail post to the publisher named in the work not less than three months before the application |
| (c) | The Court is satisfied that the applicant is competent to publish an accurate reproduction and has the means to pay the royalties |
| (d) | The applicant undertakes to publish at the price fixed by the Court, a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects |
| (e) | A period of six months (works of natural science, physical science, mathematics or technology) or three months (any other work) has passed from the request, or from sending a copy under (b), and the owner or an authorised person has not published a reproduction within that time |
| (f) | The author's name and the title of the particular edition are printed on all copies |
| (g) | The author has not withdrawn copies from circulation |
| (h) | An opportunity of being heard is given, wherever practicable, to the owner |
Sub-sections (5) and (6): translations and audio-visual text
(5) "No licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in India."
(6) The section "shall also apply to the reproduction and publication, or translation into a language in general use in India, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities."
How section 32A differs from section 32
| Feature | Section 32 | Section 32A |
|---|---|---|
| Purpose | Produce and publish a translation | Reproduce and publish the work itself, mainly for instructional use |
| Trigger | Time since first publication and no translation published | Time since first publication and copies not available or not on sale for six months at a reasonable price |
| Periods | Seven, three or one year | Seven, three or five years by subject |
| Common features | Non-exclusive; Court-fixed royalty; no export; request to the owner and wait | Same |
See section 32 on translations; section 32(4)(ccc)(ii) also points to section 32A for works composed mainly of illustrations.
Example. A college cannot buy a prescribed physics textbook in India; no copies have been on sale for six months at a reasonable price, over three years have passed since first publication, and the publisher has not responded to its request for six months. If the Commercial Court is satisfied on every proviso, it may grant a non-exclusive reprint licence with Court-fixed royalty and an India-only notice.
What section 32A does not say
- No royalty rate or fee appears in the section.
- No definition of "systematic instructional activities" or "comparable works" is given.
- No time limit is stated for the Court's decision.
- No digital reproduction is mentioned; the text says "printed or analogous forms of reproduction".
- Termination of a 32A licence is dealt with in section 32B.
Need help with a reproduction licence?
The relevant period, the request to the owner and the waiting time must all be satisfied before the Commercial Court will grant a licence. Our copyright assignment team can check the dates, send the request and prepare the application.
Key takeaways
- Section 32A permits a licence to reproduce and publish out-of-stock or unaffordable editions for systematic instructional activities, after the relevant period from first publication.
- The relevant period is seven years (fiction, poetry, drama, music, art), three years (science and technology subjects) or five years (any other case).
- Licences are non-exclusive, carry royalty fixed by the Commercial Court, and cannot extend to export; copies carry an India-only notice.
- Proviso conditions (a) to (h) include a denied or untraceable request, a three- or six-month wait and the author not having withdrawn copies.
- Before the Tribunals Reforms Act, 2021 the forum was the Appellate Board.
Read next
- Section 32: licence to produce and publish translations
- Section 32B: termination of licences
- Copyright in educational materials: fair use for teachers
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.