Statutory licence for broadcasting of literary and musical works and sound recording
Section 31D of the Copyright Act, 1957 deals with statutory licence for broadcasting of literary and musical works and sound recording. Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. The Act came into force on 21 Jan 1958.
1[31D. Statutory licence for broadcasting of literary and musical works and sound recording.--(1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.
(2) The broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the 2[Commercial Court].
(3) The rates of royalties for radio broadcasting shall be different from television broadcasting and the 2[Commercial Court] shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub-section (2), the 2[Commercial Court] may require the broadcasting organisation to pay an advance to the owners of rights.
(5) The names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights.
(7) The broadcasting organisation shall--
(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and
(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the Copyright (Amendment) Act, 2012.]
Section 31D, The Copyright Act, 1957 (Act 14 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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.
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Wynk Ltd. & Anr. v. Tips Industries Ltd.
Court's Decision & Legal Precedent
Copyright Act s.31D statutory licence for broadcasting literary/musical works and sound recordings is confined to traditional non-internet radio and television broadcasting/performances — the 2012 amendment used 'broadcast' and 'radio or television' while the internet already existed, so internet streaming/on-demand download services (Wynk) cannot invoke s.31D to force statutory licensing of Tips' repertoire; Bom HC DB affirmed Kathawalla J and held s.31D has no application to internet-based offerings.
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.
Questions about Section 31D
What have the courts held on Section 31D of the Copyright Act?
Wynk Ltd. & Anr. v. Tips Industries Ltd. (20 Oct 2022) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 31D 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 31D, section 31D Copyright Act, section 31D of the 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 Wynk Ltd. & Anr. v. Tips Industries Ltd. (20 Oct 2022).
What should I read with Section 31D of the Copyright Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 31D of the Copyright Act come into force?
Section 31D of the Copyright Act, cited as Copyright Act 31D, 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.