Section 33 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 33 controls who may make a business of issuing licences for other people's works. In general, only a registered copyright society may do so. The Central Government registers such societies, for five years at a time, can cancel or suspend the registration, and may appoint an administrator. Authors and owners who join or form a society should understand these rules; for related filings our copyright registration team can advise (registering a work is a separate step from registering a society).
No person or association of persons may carry on the business of issuing or granting licences in works in which copyright subsists, or in other rights under the Act, except under a registration granted under section 33(3). The Central Government registers a society for five years, renewable; it ordinarily registers only one society per class of works, and may cancel registration for detrimental management or suspend it for up to one year and appoint an administrator.
Sub-section (1): the general bar and its provisos
"No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3)".
Chapter VII was substituted in 1994, as the footnote records.
| Proviso | Rule |
|---|---|
| First | An owner of copyright "shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society" |
| Second (2012 text) | "the business of issuing or granting licence in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act" |
| Third | A performing rights society functioning in accordance with section 33 on the date before the 1994 Act came into force "shall be deemed to be a copyright society" for the Chapter and had to register within a year of that Act's commencement |
An individual owner may still license his own works, consistently with his duties as a society member. For works in films and sound recordings, licensing as a business goes through a registered society (second proviso, from 2012 per the footnote).
Sub-sections (2) and (3): application and registration
(2) "Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the application to the Central Government."
(3) "The Central Government may, having regard to the interests of the authors and other owners of rights under this Act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed".
| Step | Who | What |
|---|---|---|
| 1 | Association of persons | Applies to the Registrar of Copyrights, having fulfilled the prescribed conditions |
| 2 | Registrar of Copyrights | Submits the application to the Central Government |
| 3 | Central Government | May register the association as a copyright society, subject to prescribed conditions |
Factors the Government has regard to: (a) interests of authors and other owners of rights; (b) interest and convenience of the public, in particular groups likely to seek licences; (c) ability and professional competence of the applicants.
Proviso to (3). "The Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of works." "Ordinarily" leaves room for an exception; the text gives no test for it.
The meaning of "copyright society" itself is in section 2(ffd): a society registered under section 33(3). See our section 2 article, part 3.
Sub-section (3A): five years and renewal
Sub-section (3A) was inserted in 2012 (footnote). "The registration granted to a copyright society under sub-section (3) shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the Central Government may renew the registration after considering the report of Registrar of Copyrights on the working of the copyright society under section 36".
- First proviso: renewal "shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty".
- Second proviso: every society already registered before the Copyright (Amendment) Act, 2012 "shall get itself registered under this Chapter within a period of one year from the date of commencement" of that Act.
Renewal is a request made before the end of each five-year period, and the Government may renew after considering the Registrar's report under section 36.
Sub-section (4): cancellation
"The Central Government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the authors and other owners of right concerned, cancel the registration of such society after such inquiry as may be prescribed." The words "authors and other owners of right" were substituted for "owners of rights" in 2012 (footnote).
Sub-section (5): suspension and administrator
If the Central Government is of the opinion that it is necessary in the interest of the authors and other owners of right concerned, or for non-compliance of section 33A, sub-section (3) of section 35 and section 36, or for any change in the instrument by which the society is established or incorporated and registered, made without prior notice to the Government, it may, by order, suspend the registration pending inquiry "for such period not exceeding one year as may be specified in such order", and "that Government shall appoint an administrator to discharge the functions of the copyright society".
| Power | Ground | Limit |
|---|---|---|
| Cancel (4) | Management detrimental to authors and other owners of right | After the prescribed inquiry |
| Suspend (5) | Interest of authors and owners; non-compliance with s.33A, s.35(3), s.36; unnotified change in the society's instrument | Not exceeding one year; administrator appointed |
Drafting slip. Sub-section (5) says the suspension is "pending inquiry ... under sub-section (4)". Read it as an inquiry of the kind sub-section (4) contemplates.
Example. Swarlok Rights Association, a group of composers, applies to the Registrar; the Registrar submits it to the Central Government, which may register it for five years subject to conditions. If the society later ignores its duty to file returns under section 36, the registration may be suspended for up to a year and an administrator appointed.
Related sections
Section 33A (tariff scheme), section 34 (administration of rights) and sections 35 and 36 (control and returns) follow in this series; see the links below.
What section 33 does not say
- No fee for application or renewal is stated; the prescribed form and conditions are in the Copyright Rules, 2013.
- No criteria for "ordinarily" in the one-society proviso.
- No appeal route from refusal, cancellation or suspension is set out in section 33 itself.
- Section 33 is not touched by the Tribunals Reforms Act, 2021 (section 33A is).
Need help with a society or a licensing programme?
Whether you are an owner joining a society, an association preparing an application, or a business that needs licences, section 33 sets the ground rules. Our copyright registration team can help you understand the position and organise the documents.
Key takeaways
- Licensing as a business needs registration as a copyright society under section 33(3); owners may still license their own works individually.
- Licensing works incorporated in films and sound recordings must go through a registered society.
- The Central Government registers societies on application through the Registrar, ordinarily one per class of works.
- Registration lasts five years and is renewable; renewal needs shared collective control with authors.
- The Government may cancel for detrimental management, or suspend for up to a year and appoint an administrator.
Read next
- Section 33A: tariff scheme by copyright societies
- Section 34: administration of rights by copyright society
- Copyright societies in India: PPL, IPRS, ISRA
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.