Section 56 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 56 is a single sentence. Where the several rights that make up the copyright in a work are owned by different persons, the owner of any one of those rights may enforce that right by suit, action or other proceeding, to the extent of that right, without making the owners of the other rights parties. If you hold only part of a work's rights, a legal dispute resolution review can confirm whether you can sue alone.
When the rights in a work are split among different owners, each owner is entitled, to the extent of his own right, to the remedies the Act provides and may enforce that right individually, without joining the owners of other rights. The section is "subject to the provisions of this Act".
The text
"Subject to the provisions of this Act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding."
Breaking it down
| Phrase | Meaning from the words used |
|---|---|
| "Several rights comprising the copyright" | Copyright is a bundle of rights; see section 14 and meaning of copyright |
| "Owned by different persons" | The bundle has been split, for example by assignment of some rights |
| "To the extent of that right" | The owner's remedies are limited to the right he owns |
| "May individually enforce" | He can bring the proceeding alone |
| "Without making the owner of any other right a party" | The other owners need not be joined |
| "Subject to the provisions of this Act" | Other provisions, such as section 61, still apply |
The remedies "provided by this Act" are those in sections 55 onwards, described in sections 54 and 55.
How rights come to be split
Rights can be divided by assignment of a particular right, by territory or by period; see assignment of copyright. Section 56 does not itself say how the split arises. It only deals with enforcement once it exists.
Example. Madhavi Rao writes a novel. She assigns the film adaptation right to Lakeview Studios and keeps the publishing right. A pirate sells unauthorised printed copies. Madhavi may sue for infringement of the publishing right without joining Lakeview. Later, someone makes an unauthorised film version; Lakeview may sue on the film right without joining Madhavi. Each claims only to the extent of the right owned.
The separate rights in section 14
Section 14 defines copyright as the exclusive right "to do or authorise the doing of" listed acts, and the list differs by class of work. For a literary, dramatic or musical work (other than a computer programme), the acts in clause (a) include reproducing the work, issuing copies to the public, performing it in public or communicating it to the public, making a cinematograph film or sound recording of it, making a translation, making an adaptation, and doing those acts in relation to a translation or adaptation. Each of those acts is a distinct right, and sections 18 and 19 allow an assignment of copyright, wholly or partially, so different persons may come to hold different rights. An exclusive licensee is treated as an "owner of copyright" for this Chapter by section 54(a).
| Right (s.14(a) examples) | Who may hold it | What that holder may sue on, under s.56 |
|---|---|---|
| Reproduce and issue copies | Author, or an assignee or exclusive licensee of that right | Unauthorised printing or copying of the work |
| Make a translation | A translation-right assignee or exclusive licensee | An unauthorised translation |
| Make a cinematograph film or sound recording | A film-right assignee or exclusive licensee | An unauthorised film or recording |
| Perform or communicate to the public | A holder of that right | Unauthorised public performance or communication |
Section 56 lets each such holder enforce "to the extent of that right" and no further. The table rows are illustrations drawn from section 14; the section itself names no particular right.
Second example. Nilesh Pillai writes a novel. He assigns the translation right to Saraswati Publishers, the film right to Brightframe Studios, and keeps the publishing right. A rival issues an unauthorised Hindi edition. Saraswati Publishers sues on the translation right alone, without joining Nilesh or Brightframe. The rival's act does not touch the film right, so Brightframe has nothing to enforce in that suit, and Nilesh's publishing right is not what Saraswati pleads.
What the section does not say
- It does not say what happens if one owner's suit and another's overlap, or whether a court may direct that the other owner be joined; the text is silent.
- It does not say how an act that touches two rights at once, such as an unauthorised translated edition, is to be divided between the two owners.
- It does not say whether an owner who chooses not to join the suit can later sue for the same act; compare section 61(2), which applies only to a suit by an exclusive licensee.
- It does not say how an exclusive licensee fits in; for that, see section 54(a) and section 61, where the owner must generally be a defendant in a suit by an exclusive licensee.
- It does not say whether the judgment binds the other owners.
- It does not alter the territorial rule on where to sue; see section 62.
Practical points
- Map who owns which right before filing, with the assignment or licence deeds.
- Plead only the right you own; the remedy is "to the extent of that right".
- Keep other owners informed even though they need not be joined.
- If you hold an exclusive licence, read section 61 before suing alone.
Need help enforcing part of a copyright?
If you hold only some of the rights in a work and want to enforce them, we can review your deeds and the infringement before a notice or suit. Our legal dispute resolution team handles this.
Key takeaways
- Section 56 lets each owner of a separate right enforce it individually.
- Other owners need not be joined.
- The remedy extends only to the right the plaintiff owns.
- The section is subject to the rest of the Act, including section 61 for exclusive licensees.
Read next
- Sections 54–55: owner of copyright and civil remedies for infringement
- Section 57: author's special rights
- Sections 61–62: owner as party and jurisdiction of court
- Copyright licensing: exclusive and non-exclusive
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.