Section 79 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 79 is the last section of the Act. It repeals the Indian Copyright Act, 1914 and the UK Copyright Act of 1911 as applied to India, and then deals with what happens to rights, expenditure and acts that pre-date the 1957 Act. It matters today mainly for old works whose ownership or rights trace back to the earlier law. For a question on an old work, a legal consultation can help you trace the position.
The Indian Copyright Act, 1914 and the Copyright Act of 1911 (UK) as modified for India are repealed (sub-section (1)). Rights and interests in lawful earlier expenditure are saved, unless the new right-holder pays compensation as agreed or determined (sub-section (2)). No copyright arises under the 1957 Act in a work in which none existed before it (sub-section (3)). Existing copyright now has the rights in section 14, with rules on who owns any new right (sub-section (4)). Existing entitlements continue (sub-section (5)); earlier acts are not made infringements (sub-section (6)); the General Clauses Act, 1897 still applies to the effect of repeals (sub-section (7)).
A note on the wording
Section 79(2) in the printed text refers to the "Appellate Board" (footnote: substituted for "Copyright Board" by Act 7 of 2017). Section 79 is not in the list of amendments in the Tribunals Reforms Act, 2021 that the sources show. This article therefore quotes the printed words and flags the point. The Tribunals Reforms Act, 2021 abolished the Appellate Board and, in sections it does list, replaced the references; for section 79(2), check the official text before relying on the forum named. Before the Tribunals Reforms Act, 2021 the Appellate Board was the body named in the printed text.
Sub-section (1): repeal
"The Indian Copyright Act, 1914 (3 of 1914), and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its application to India by the Indian Copyright Act, 1914 are hereby repealed."
Sub-section (2): saving for earlier lawful expenditure
Where a person has, before the commencement of the Act, taken any action by which he incurred any expenditure or liabilities in connection with the reproduction or performance of a work in a manner which at the time was lawful, or for the purpose of or with a view to a reproduction or performance that would, but for the Act, have been lawful, nothing in section 79 "shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date", unless the person who by virtue of the Act becomes entitled to restrain such reproduction or performance agrees to pay compensation as, failing agreement, may be determined by the "Appellate Board" (as printed).
| Element | Text |
|---|---|
| Who | A person who acted before commencement and incurred expenditure or liabilities |
| What he did | Reproduction or performance lawful at the time, or preparation for it |
| What is saved | Rights or interests "subsisting and valuable" at the commencement date |
| Exception | The new right-holder agrees to pay compensation, as agreed or determined (as printed, by the "Appellate Board") |
Sub-section (3): no new copyright
"Copyright shall not subsist by virtue of this Act in any work in which copyright did not subsist immediately before the commencement of this Act under any Act repealed by sub-section (1)." The 1957 Act did not revive or create copyright in works that were outside the earlier Acts' protection.
Sub-section (4): rights of existing copyright
Where copyright subsisted in a work immediately before commencement, "the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs". Where section 14 confers new rights, the owner of those rights is:
| Case | Owner of the new rights |
|---|---|
| (a) Copyright in the work was wholly assigned before commencement | The assignee or his successor-in-interest |
| (b) Any other case | The person who was the first owner of the copyright under any repealed Act, or his legal representatives |
For section 14, see meaning of copyright.
Sub-sections (5) to (7)
- (5) Except as otherwise provided in the Act, a person entitled immediately before commencement to copyright in a work, or any right in such copyright, or an interest in such a right, "shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this Act had not come into force."
- (6) Nothing in the Act "shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement."
- (7) "Save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals."
Example. Before the Act commenced, a publisher, Orchid Press, bought the whole copyright in a novel from its author. After commencement, section 14 conferred a right that the older law did not (for instance, a right added to the bundle). Under sub-section (4)(a), the owner of that new right is Orchid Press, as the assignee, because the copyright was wholly assigned before commencement. Had the author kept the copyright, the new right would have belonged to the author or his legal representatives under (4)(b).
What the section does not say
- The text does not give the date of commencement; it speaks of "the commencement of this Act".
- It does not say how the terms of old works are counted; for that, see term of copyright and the term sections in this series.
- It does not say what forum applies to compensation under sub-section (2) after the Appellate Board's abolition; the Act is silent on this point as printed.
- It does not deal with the later amendments, which have their own commencement and savings.
Where Section 79 fits
| Question | Where to look |
|---|---|
| Is old copyright still alive? | Term sections (22 to 29); sub-section (5) of section 79 |
| Who owns a right created in 1957? | Section 79(4) |
| Was an old act an infringement? | Section 79(6) |
| General effect of repeal | General Clauses Act, 1897 (sub-section (7)) |
For an overview of the Act as a whole, see the introduction to the Copyright Act, 1957.
Need help with an old work?
Works from before 1957 can raise questions about who owns which right today. Our legal consultation service can review the chain of title and the savings in section 79 with you.
Key takeaways
- Section 79 repeals the 1914 Act and the 1911 UK Act as applied in India.
- Earlier lawful expenditure and interests are saved, subject to compensation.
- No copyright arises under the 1957 Act where none subsisted under the repealed Acts.
- Existing copyright takes the section 14 rights; new rights go to a wholesale assignee, or otherwise to the first owner or legal representatives.
- Section 79(2) mentions the Appellate Board and is not in the 2021 list as consulted; check the official text.
Read next
- Sections 76–78: good faith, public servants and power to make rules
- Section 14: meaning of copyright
- Term of copyright: duration for different types of works
- 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.