Sections 41 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.
These sections finish Chapter IX. Section 41 creates Indian copyright in works of certain international organisations. Sections 42 and 42A let the Central Government withdraw protection from authors, broadcasters and performers of a country that does not protect Indian authors or performers adequately. Section 43 requires every order under the Chapter to be laid before Parliament. For advice on dealing with such works, a legal consultation is a sensible first step.
A work made or first published by or under the direction or control of a notified international organisation gets copyright throughout India if three conditions are met (section 41). The Government may restrict Indian rights for authors of a country that gives no adequate protection to Indian authors (section 42), and for its broadcasters and performers (section 42A). Every order under the Chapter is laid before both Houses of Parliament and is subject to modification by Parliament (section 43).
Section 41: works of international organisations
Sub-section (1) gives copyright "throughout India" where all of the following hold:
| Condition | Text |
|---|---|
| (a) | The work is made or first published by or under the direction or control of an organisation to which section 41 applies |
| (b) | Apart from this section, there would be no copyright in the work in India at the time of making or first publication |
| (c) | Either (i) the work is published as aforesaid under an agreement with the author which does not reserve copyright to the author, or (ii) under section 17 any copyright in the work would belong to the organisation |
Sub-section (2) gives an organisation that "had not the legal capacity of a body corporate" the legal capacity of a body corporate, and deems it to have had it at all material times, "for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright".
Sub-section (3) says the organisations are those the Central Government declares by order in the Official Gazette to be organisations "of which one or more sovereign powers or the Government or Governments thereof are members to which it is expedient that this section shall apply". A footnote in the text names the International Copyright Order, 1999 (w.e.f. 6-4-1999).
Example. An inter-governmental body, notified under sub-section (3), publishes a report prepared by a consultant under an agreement that does not reserve the author's copyright. Copyright subsists in the report throughout India by virtue of section 41, even if no other provision would give it copyright. The consultant's copyright question is separate; the section 17 rules on first ownership are in first ownership of copyright.
Section 42: restricting rights of foreign authors
If it appears to the Central Government "that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian authors", it may by order direct that the provisions conferring copyright on works first published in India "shall not apply" to works that satisfy these points:
- published after the date specified in the order;
- whose authors are subjects or citizens of that foreign country; and
- who are not domiciled in India.
The three points work together. An author who is a citizen of the country and domiciled in India is outside the restriction.
Section 42A: restricting broadcasters and performers
Section 42A was inserted by Act 27 of 2012 (w.e.f. 21-6-2012). If a foreign country "does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers", the Central Government may by order direct that the provisions of the Act conferring rights on broadcasting organisations or performers "shall not apply" to organisations or performers that are based or incorporated in that country, or are its subjects or citizens, and are not incorporated or domiciled in India.
Drafting note: the printed section ends with a colon instead of a full stop. Nothing follows it in the text.
| Section | Who may lose protection | Test for the Government |
|---|---|---|
| 42 | Authors of works first published in India | Foreign country gives no adequate protection to Indian authors' works |
| 42A | Broadcasting organisations and performers | Foreign country gives no adequate protection to rights of broadcasting organisations or performers |
Section 43: orders laid before Parliament
"Every order made by the Central Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of Parliament and shall be subject to such modifications as Parliament may make during the session in which it is so laid or the session immediately following." The section does not give a number of days; it says "as soon as may be", and gives Parliament that session and the next to modify.
Putting Chapter IX together
| Provision | Direction | Instrument |
|---|---|---|
| s.40 | Extends the Act to foreign works and authors | Order |
| s.40A | Extends Chapter VIII to foreign broadcasters and performers | Order |
| s.41 | Gives copyright to works of declared international organisations | Section itself, with an order declaring the organisations |
| s.42 | Restricts rights of foreign authors | Order |
| s.42A | Restricts rights of foreign broadcasters and performers | Order |
| s.43 | Parliamentary control | Applies to every order |
See sections 40 and 40A for the extending orders.
Need help with works from foreign or international bodies?
If you receive, translate or republish documents from an international organisation or foreign broadcaster, our legal consultation service can check who holds rights and whether an order applies.
Key takeaways
- Section 41 gives copyright to works of notified international organisations, if there would otherwise be none in India.
- Such an organisation gets the legal capacity of a body corporate for copyright purposes.
- Sections 42 and 42A allow orders restricting rights of authors, broadcasters and performers of countries giving inadequate protection.
- Every order under Chapter IX goes before both Houses of Parliament, which may modify it.
Read next
- Sections 40–40A: extending copyright to foreign works and broadcasters
- Sections 44–45: Register of Copyrights and entries
- International copyright: Berne Convention and India
- First ownership of copyright under section 17
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.