Sections 76 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 76 protects anything done in good faith under the Act from suit or legal proceeding. Section 77 deems every officer appointed under the Act to be a public servant. Section 78 gives the Central Government the power to make rules, lists the matters on which it may do so, and requires the rules to be laid before Parliament. For a question on which rule governs a process, legal consultation can help you find it.
Section 76: no suit or legal proceeding lies against any person for anything done or intended to be done in good faith under the Act. Section 77: every officer appointed under the Act is deemed a public servant within section 21 of the Indian Penal Code. Section 78: the Central Government may make rules by notification for carrying out the Act's purposes, including the listed matters; every rule is laid before each House of Parliament for thirty days.
Section 76: protection of action taken in good faith
"No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act."
Points from the wording:
- It covers "any person", not only officials.
- The thing must be done, or intended to be done, in good faith and in pursuance of this Act.
- It bars "suit or other legal proceeding", civil or otherwise.
- The Act does not define "good faith" in this section.
Section 77: certain persons to be public servants
The printed text reads: "Every officer appointed under this Act and every member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)."
2021 change. The Tribunals Reforms Act, 2021, clause (k) of its Chapter V amendments, omits "and every member of the Appellate Board" in section 77. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The current wording: "Every officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)."
From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita; this article gives no new section number. The Registrar of Copyrights and officers of the Copyright Office are examples of officers appointed under the Act; see sections 9 and 10.
Section 78: power to make rules
Sub-section (1). "The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act." A footnote refers to the Copyright Rules, 1958; the current rules in the sources consulted are the Copyright Rules, 2013 (see the pointer in the disclaimer).
Sub-section (2). "In particular, and without prejudice to the generality of the foregoing power" the Government may make rules on the following matters. The list is arranged by subject below.
| Subject | Clauses (as printed) |
|---|---|
| Forms and procedure | (b) form of complaints and applications and licences; (c) procedure in proceedings before the Registrar of Copyrights |
| Compulsory and statutory licences | (cB) notice of intention to make a sound recording under s.31C(2); (cC) register, books and stock under s.31C(5); (cD) prior notice by a broadcasting organisation under s.31D(2); (cE) reports, accounts and inspection under s.31D |
| Copyright societies | (ca) conditions for application under s.33(2); (cb) conditions for registration under s.33(3); (cc) inquiry for cancellation under s.33(4); (ccA) publishing a Tariff Scheme under s.33A(1); (ccC) form and fee for renewal under s.33(3A); (cd) and (ce) conditions for authorisations, licences, fees and distribution under s.34; (cf) approvals and information under s.35(1); (cg) returns under s.36(1) |
| Royalties | (d) manner of determining royalties and security for payment; (da) manner of payment of royalty under s.52(1)(j) |
| Register and Office | (e) form of Register and particulars; (g) fees payable under the Act; (h) regulation of business of the Copyright Office |
| Civil court powers | (f) matters in which the Registrar shall have powers of a civil court |
Clause (a) was omitted by the Finance Act, 2017, and clause (db) by Act 27 of 2012, as the footnotes state; the text is printed with "[***]" for the omitted clause (a).
What the 2021 Act did to section 78(2)
Clause (l) of the Tribunals Reforms Act, 2021 amends section 78(2):
- Clauses (cA) and (ccB) are omitted. These were the clause on the form, manner and fee for applying "to the Appellate Board" for a compulsory licence for the disabled under section 31B(1), and the fee for an appeal "to the Appellate Board" under section 33A(2).
- In clause (f), the words "and the Appellate Board" are omitted. Clause (f) now reads: "the matters in respect of which the Registrar of Copyrights shall have powers of a civil court".
Before the Tribunals Reforms Act, 2021 clause (f) and clauses (cA) and (ccB) referred to the "Appellate Board".
Sub-section (3). "Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions". If, before the expiry of the session immediately following, both Houses agree to a modification or that the rule should not be made, the rule has effect only in the modified form or is of no effect; but any modification or annulment is without prejudice to the validity of anything previously done under the rule. The sub-section was substituted by Act 23 of 1983 (w.e.f. 9-8-1984).
Example. A copyright society wants to know what conditions apply to authorisations from members. Section 78(2)(cd) tells it that the Central Government may make rules on the conditions under section 34(1); the actual conditions are in the Copyright Rules, 2013, not in the Act. Check those Rules and any later amendments.
What the sections do not say
- Section 76 does not say how a court is to test good faith.
- Section 77 does not name the officers; it covers every officer appointed under the Act.
- Section 78 does not set any rule itself; for the form and fee of a copyright application, see the Rules and sections 44 and 45.
Need help finding the rule that governs your filing?
The Act leaves forms, fees and procedure to the Rules. If you are unsure which rule or form applies, our legal consultation team can point you to it and check that your application meets the current requirements.
Key takeaways
- Section 76 bars suits and legal proceedings for things done or intended to be done in good faith under the Act.
- Section 77 deems officers appointed under the Act public servants; the Appellate Board members' mention is omitted by the 2021 Act.
- Section 78 empowers the Central Government to make rules by notification, with a list of matters.
- The 2021 Act omits clauses (cA) and (ccB) and the Appellate Board mention in clause (f).
- Rules are laid before Parliament for thirty days.
Read next
- Section 79: repeals, savings and transitional provisions
- Sections 74–75: powers of Registrar and recovery of money orders
- Sections 9–10: Copyright Office and Registrar of Copyrights
- Introduction to the Copyright Act, 1957: complete guide
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.