Compulsory licence in works withheld from public
Section 31 of the Copyright Act, 1957 deals with compulsory licence in works withheld from public. If at any time during the term of copyright in [any work] which has been published or performed in public, a complaint is made to the [Commecial Court] that the owner of copyright in the work-- (a) has refused to republish or allow the republication of the work or has refused to allow the performanc The Act came into force on 21 Jan 1958.
(1) If at any time during the term of copyright in 1[any work] which has been published or performed in public, a complaint is made to the 2[Commecial Court] that the owner of copyright in the work--
(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or
(b) has refused to allow communication to the public by 3[broadcast] of such work or in the case of a 4[sound recording] the work recorded in such 4[sound recording], on terms which the complainant considers reasonable,
the 2[Commercial Court], after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by 4[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the 2[Commercial Court] may determine; and thereupon the Registrar of Copyrights shall grant the 5[licence to such person or persons who, in the opinion of the 2[Commercial Court], is or are qualified to do so] in accordance with the directions of the 2[Commercial Court], on payment of such fee as may be prescribed.
6 * * * * *.
7 * * * * *.
Section 31, The Copyright Act, 1957 (Act 14 of 1957).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (with PPL connected appeals)
Court's Decision & Legal Precedent
Copyright Act s.31 compulsory licence for works withheld from the public: SC interpreted the Copyright Board’s power to grant compulsory licences for sound-recording broadcast (FM radio / Radio Mirchi vs T-Series / PPL), holding that unreasonable refusal or withholding of public communication licences engages s.31, and remitted the Board for fresh merits consideration after procedural defects — landmark teaching on compulsory licensing of sound recordings for broadcasting.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 31
What have the courts held on Section 31 of the Copyright Act?
Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (with PPL connected appeals) (16 May 2008) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 31 of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 31, section 31 Copyright Act, section 31 of the Copyright Act. People searching for it also type 31d copyright act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (with PPL connected appeals) (16 May 2008).
What should I read with Section 31 of the Copyright Act, and has it changed?
One instrument names it without being made under it, most recently The Copyright Rules, 2013 (2013).
When did Section 31 of the Copyright Act come into force?
Section 31 of the Copyright Act, cited as Copyright Act 31, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.