Sections 6-8 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 6 sends two kinds of questions to a decision-maker: whether and when a work was published, and whether another country's term of copyright is shorter. After the Tribunals Reforms Act, 2021 that decision-maker is the Commercial Court. Sections 7 and 8 then fix how the nationality of an author and the domicile of a company are worked out. If a dispute of this kind affects your work, our legal consultation service can help you read the position.
Under section 6, a question on whether a work was published, the date of publication (for Chapter V), or whether another country's term of copyright is shorter is referred to the Commercial Court; before the Tribunals Reforms Act, 2021 it went to the Appellate Board, whose decision was final. Under section 7, an unpublished work made over a long period takes the author's nationality or domicile of the substantial part of that period. Under section 8, a body corporate incorporated under Indian law is domiciled in India.
Section 6: certain disputes to be decided by the Commercial Court
The current wording (after the Tribunals Reforms Act, 2021). The 2021 Act substitutes "Commercial Court" for "Appellate Board" wherever the words occur in section 6, and omits the words "constituted under section 11 whose decision thereon shall be final". Read as amended, section 6 says: if any question arises (a) whether a work has been published, or as to the date on which a work was published, for the purposes of Chapter V, or (b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act, it shall be referred to the Commercial Court.
The proviso, as amended. If in the opinion of the Commercial Court the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section.
Before the Tribunals Reforms Act, 2021 this read "Appellate Board", and the Appellate Board's decision was final. The printed text says the Board was "constituted under section 11"; the Appellate Board and sections 11 and 12 are now gone (see our article on them).
| Question | Where it is decided now | Why it matters |
|---|---|---|
| Whether a work has been published, or its date, for Chapter V | Commercial Court | Term of copyright often runs from publication |
| Whether another country's term is shorter | Commercial Court | Section 5 and the foreign-work provisions look at the other country's term |
| Whether an issue of copies or communication was insignificant | Commercial Court (proviso) | If insignificant, it is not publication under section 3 |
What the 2021 text does not say. It does not say who may apply, within what time, or what form the "reference" takes. Section 6 speaks of a question being "referred", but the text does not say by whom. It does not state a fee. The words "whose decision thereon shall be final" are removed, so the text no longer says the decision is final. A Commercial Court, as the 2021 Act's new clause 2(fa) defines it, is a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015.
Example. Anita Rao's travel guide was released online in March and printed copies followed in April of the same year. Her publisher and a foreign distributor disagree on the date of publication for term purposes. The Act sends that question to the Commercial Court, not to the Copyright Office. The term itself runs under Chapter V; see our article on term of copyright.
Section 7: nationality of author where the making is extended over a considerable period
Section 7 deals with unpublished works that take a long time to make. The text: "Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period."
- Only unpublished works. Once published, other sections look at nationality at publication.
- A considerable period. The Act gives no number of years.
- Deemed nationality. The author is deemed to be a citizen of, or domiciled in, the country of which he was a citizen or wherein he was domiciled "during any substantial part of that period".
- Purpose. Section 13(2)(ii) asks whether, for an unpublished work, the author is, at the date of making, a citizen of India or domiciled in India. Section 7 settles that test where the making stretched across years in which the author's status changed.
Example. A novelist begins an unpublished manuscript while a citizen of another country and spends the longer part of the making as a citizen of India. Section 7 deems her a citizen of India for the Act's purposes, because India was the country of citizenship for a substantial part of the period. The text does not define "substantial part", so the facts are what count.
Section 8: domicile of corporations
Section 8 is one sentence: "For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India." A company or other body corporate incorporated under an Indian law is therefore deemed domiciled in India. This matters under section 13(2)(ii), where an unpublished work qualifies if the author is domiciled in India, and wherever the Act uses the word "domiciled".
| Section | Subject | Rule in one line |
|---|---|---|
| 6 | Publication and shorter-term disputes | Referred to the Commercial Court |
| 7 | Long-running unpublished work | Nationality or domicile for a substantial part of the period |
| 8 | Body corporate | Domiciled in India if incorporated under a law in force in India |
Section 8 does not say what happens to a company incorporated abroad. It is silent on that; foreign bodies are dealt with by the international copyright chapter in later articles.
Drafting and scope notes
- The printed heading of section 6 still reads "Certain disputes to be decided by Appellate Board". As amended, "Commercial Court" is substituted wherever the words occur in the section.
- The section 6 text we have refers to "Chapter V" (term of copyright) only; a publication dispute for any other purpose is outside it.
- Sections 7 and 8 are not mentioned in the Tribunals Reforms Act, 2021.
Need help with a publication or nationality question?
When the date of publication or the author's status is unclear, it can change how long protection lasts. Our legal consultation team can review your documents and tell you whether a reference to the Commercial Court under section 6 is worth pursuing.
Key takeaways
- Section 6 questions on publication, publication date for Chapter V, and shorter foreign terms go to the Commercial Court.
- Before the Tribunals Reforms Act, 2021 this read "Appellate Board", and its decision was stated to be final; that finality wording is omitted.
- Section 7 deems the author's nationality by the country of the substantial part of a long making.
- Section 8 deems an Indian-incorporated body corporate to be domiciled in India.
- The text gives no time limit or fee for a section 6 reference.
Read next
- Sections 3-5: meaning of publication and first publication in India
- Sections 9-10: Copyright Office and Registrar of Copyrights
- International copyright: Berne Convention and India
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.