Section 52A 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 52A says that no one may publish a sound recording or a video film in respect of a work unless certain particulars are displayed on it and on its container. For a sound recording they are the maker's name and address, the copyright owner's name and address, and the year of first publication. For a video film they include the certificate of the Board of Film Certification, where one is required. If you publish music or films, a legal consultation can help you check your labels and credits against it.
Sound recording: no person shall publish it in respect of any work unless it and its container show (a) the maker's name and address, (b) the copyright owner's name and address, and (c) the year of first publication. Video film: the particulars must be displayed when exhibited and on the cassette or other container. Failure is dealt with by section 68A, which carries the penalty.
Where the section comes from
Section 52A was inserted by Act 65 of 1984 (w.e.f. 8-10-1984), and the words "sound recording" replaced "record" by Act 38 of 1994 (w.e.f. 10-5-1995), as the footnotes state. The heading calls it "Particulars to be included in sound recording and video films".
Sub-section (1): sound recordings
"No person shall publish a sound recording in respect of any work unless the following particulars are displayed on the sound recording and on any container thereof."
| Clause | Particular |
|---|---|
| (a) | The name and address of the person who has made the sound recording |
| (b) | The name and address of the owner of the copyright in such work |
| (c) | The year of its first publication |
Points from the text:
- The duty is on "any person" who publishes. It is not limited to the maker.
- The particulars must be on the recording itself and on any container.
- Clause (b) refers to the owner of the copyright in the work (for instance the music or lyrics), not only in the recording.
Example. Sunrise Audio releases an album on discs in sleeves. Each disc and each sleeve must show Sunrise Audio's name and address, the name and address of the owner of copyright in each work recorded, and the year of first publication. For how rights in music are divided between composer, lyricist and producer, see copyright for music and songs.
Sub-section (2): video films
"No person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof."
| Clause | Particular |
|---|---|
| (a) | If the work is a cinematograph film required to be certified for exhibition under the Cinematograph Act, 1952, a copy of the certificate granted by the Board of Film Certification under section 5A of that Act |
| (b) | The name and address of the person who made the video film, and a declaration that he has obtained the necessary licence or consent from the owner of the copyright in the work for making the video film |
| (c) | The name and address of the owner of the copyright in the work |
Points from the text:
- The particulars must show "when exhibited", that is on screen, as well as on the cassette or other container.
- Clause (b) requires a declaration of licence or consent from the copyright owner.
- Clause (a) applies only to a work that is a cinematograph film required to be certified.
Drafting note. The Cinematograph Act reference and the "Board of Film Certification" are quoted as printed; check the current text of that Act if you rely on the certificate. Clause (c) says "the owner for the copyright", a slip for "of".
What the section does not say
- It does not say what format, size or position the display must take.
- It does not itself state any penalty. Section 68A provides a penalty for contravening section 52A; see sections 67 to 68A.
- It does not say how a modern digital or streaming release is to display particulars; the words "container" and "video cassette" are the only physical references.
Practical checklist
| Item | Sound recording | Video film |
|---|---|---|
| Maker's name and address | Yes | Yes |
| Copyright owner's name and address | Yes | Yes |
| Year of first publication | Yes | Not listed |
| Declaration of licence/consent | Not listed | Yes |
| Board of Film Certification certificate | Not listed | If the work is a film that needs certification |
| Where | Recording and container | On screen when exhibited, and container |
For the infringement rules on copies of such works, see copyright in cinematograph films and sound recordings and section 51.
Need help checking your labels and credits?
If you release recordings or films and are unsure whether the printed or displayed particulars are complete, our legal consultation service can review the label, the credits and the licences behind them.
Key takeaways
- No person may publish a sound recording in respect of a work without the three particulars on it and its container.
- A video film must show its particulars when exhibited and on the container.
- A video film must carry a declaration of licence or consent from the copyright owner.
- A Board of Film Certification certificate is required where the work is a film that must be certified.
- The penalty is in section 68A.
Read next
- Sections 67–68A: false entries, false statements and section 52A penalty
- Section 53: importation of infringing copies
- Copyright in cinematograph films and sound recordings
- Copyright infringement: what constitutes it under section 51
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.
