Sections 61 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 61 deals with a suit brought by an exclusive licensee: the copyright owner is made a defendant and, if the suit succeeds, cannot sue afresh on the same cause of action. Section 62 says where a civil suit under the Chapter is filed: the district court having jurisdiction, which includes the court where the plaintiff actually and voluntarily resides, carries on business or personally works for gain. For planning a filing, our legal dispute resolution team can advise.
Section 61: in a suit by an exclusive licensee, the owner is made a defendant unless the court otherwise directs, and may dispute the claim; if the suit succeeds, the owner cannot bring a fresh suit on the same cause of action. Section 62: suits go to the district court having jurisdiction, which, notwithstanding the Code of Civil Procedure, includes the district court where the plaintiff (or any one of several plaintiffs) actually and voluntarily resides, carries on business or personally works for gain at the time of filing.
Section 61: the owner and the exclusive licensee
Sub-section (1). "In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee."
| Element | Text |
|---|---|
| Who sues | An exclusive licensee (an "owner" for this Chapter under section 54) |
| Who is joined | The owner of the copyright, as a defendant |
| Exception | "Unless the court otherwise directs" |
| Owner's right | To dispute the claim of the exclusive licensee |
Sub-section (2). "Where any civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright." The section protects the infringer from being sued twice on the same cause of action. It does not say what happens if the licensee's suit fails.
Example. Lotus Books holds an exclusive licence for publishing a novel in one language. It sues a pirate. The author-owner is joined as a defendant and may dispute Lotus Books' claim. If Lotus Books succeeds, the owner cannot later sue the pirate on the same cause of action. Contrast section 56, where the owners of separate rights need not be joined.
Section 62(1): the court
"Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction."
Note "any other right conferred by this Act", which includes rights beyond copyright, such as the performer's right. The Chapter's suits start in the district court.
Section 62(2): what "district court having jurisdiction" includes
"For the purpose of sub-section (1), a 'district court having jurisdiction' shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain."
| Test | Detail from the text |
|---|---|
| Time | "At the time of the institution of the suit or other proceeding" |
| Person | The person instituting the suit; if there are several, any of them |
| Place | Where he actually and voluntarily resides, or carries on business, or personally works for gain |
| Overrides | The Code of Civil Procedure, 1908, and any other law in force |
The word is "include": the plaintiff's place is added to the courts that would otherwise have jurisdiction; the section does not say the other courts are removed. The text does not say anything about the defendant's place, or about a minimum value of suit. Whether a Commercial Court or a Commercial Division of a High Court may hear a particular dispute depends on the Commercial Courts Act, 2015, which the Act refers to only in defining "Commercial Court" in section 2(fa) after the 2021 Act; this article does not go further.
Example. Ishaan Verma lives and runs a design studio in Pune. A company in another state copies his illustration and sells products online. Under section 62(2), Ishaan can file in the district court within whose limits he actually and voluntarily resides or carries on business, even though the defendant is elsewhere. If two co-plaintiffs live in different districts, either place qualifies.
Practical points
- Record the plaintiff's address, place of business or place of work at the time of filing, since the test is "at the time of the institution".
- In a suit by an exclusive licensee, name the owner as defendant unless the court directs otherwise.
- Use the right forum for the relief sought; for civil remedies, see sections 54 and 55.
- For criminal complaints under Chapter XIII, see section 63 and offences by companies and cognizance; section 62 deals with civil proceedings.
Need help choosing where to file?
If you are an exclusive licensee, or a rights owner deciding which district court to approach, we can check the position and prepare the filing. Our legal dispute resolution team can help.
Key takeaways
- Section 61: the owner is joined as defendant in a suit by an exclusive licensee, unless the court directs otherwise.
- A successful licensee's suit bars a fresh suit by the owner on the same cause of action.
- Section 62: suits under the Chapter go to the district court having jurisdiction.
- That court includes the one where the plaintiff actually and voluntarily resides, carries on business or personally works for gain.
- Section 62(2) applies notwithstanding the Code of Civil Procedure, 1908.
Read next
- Section 63A: enhanced penalty on second conviction
- Sections 54–55: owner of copyright and civil remedies for infringement
- How to file a copyright infringement complaint
- Section 60: groundless threat of legal proceedings
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.