Section 31B of the Copyright Act, 1957: Compulsory Licence for Persons with Disabilities
Section 31B provides a compulsory licensing mechanism for making a copyrighted work available for the benefit of persons with disabilities where the exception in Section 52(1)(zb) does not apply. The provision is intended to improve access to copyrighted material while preserving procedural safeguards for copyright owners.
Current forum: References in Section 31B to the former Copyright Board/Appellate Board now operate through the Commercial Court following the 2021 tribunal reforms. The Copyright Office continues to publish the Act, Rules, forms and administrative material.
What Section 31B means
A person working for the benefit of persons with disabilities on a profit basis or for business may seek a compulsory licence to publish a copyrighted work for their benefit. This route applies where the statutory exception under Section 52(1)(zb) is unavailable.
The applicant must establish its credentials and good faith. The copyright owner must receive a reasonable opportunity of being heard. If the statutory requirements are met, the competent Commercial Court may direct the Registrar of Copyrights to grant the licence, with terms governing the accessible format, duration, number of copies where relevant, and royalty.
Section 31B - statutory provision
(1) Any person working for the benefit of persons with disability on a profit basis or for business may apply to the Commercial Court, in the prescribed form and manner and with the prescribed fee, for a compulsory licence to publish a work in which copyright subsists for the benefit of such persons where Section 52(1)(zb) does not apply. The application is to be dealt with expeditiously, with the statutory scheme contemplating disposal within two months of receipt.
(2) The Commercial Court may inquire, or direct an inquiry, to establish the applicant's credentials and satisfy itself that the application has been made in good faith.
(3) After giving the owners of rights in the work a reasonable opportunity of being heard and making such inquiry as necessary, the Commercial Court may, if satisfied that a compulsory licence is required to make the work available to persons with disabilities, direct the Registrar of Copyrights to grant the licence.
(4) The licence specifies the means and format of publication, its period, the number of copies where copies are issued, and the applicable royalty. On a further application and after hearing the rights owners, the period may be extended and additional copies may be permitted.
Note: The paragraphs above present the provision in reader-friendly form. For filing or authoritative quotation, consult the current official text of the Act.
Application procedure under the Copyright Rules
Rule 17 of the Copyright Rules, 2013 provides that an application under Section 31B for publication of a work in a format useful for a person with disability is made in Form V, accompanied by the fee specified in the Second Schedule. Each application is made in respect of one work. Rule 18 deals with notice, hearing and particulars to be specified in the licence, while Rule 19 addresses determination of royalty.
Relationship with Section 52(1)(zb)
Section 31B is expressly designed for cases outside Section 52(1)(zb). Section 52 contains acts that are not treated as copyright infringement, including a disability-access exception subject to its statutory conditions. Where that exception covers the activity, a compulsory licence under Section 31B is not the route contemplated by the Act; Section 31B addresses cases where the exception does not apply.
Key requirements for a compulsory licence
The statutory process focuses on the applicant's work for the benefit of persons with disabilities, the inapplicability of Section 52(1)(zb), the applicant's credentials and good faith, a hearing for rights owners, and appropriate licence terms. The licence is therefore not an unrestricted permission: its format, duration, permitted copies and royalty are controlled by the order and licence.
Legislative background
Section 31B was inserted by the Copyright (Amendment) Act, 2012 as part of reforms that strengthened access to copyrighted works for persons with disabilities. The adjudicatory forum later changed: the Copyright Board was replaced by the Appellate Board in 2017, and the 2021 tribunal reforms substituted the Commercial Court for the Appellate Board in the relevant copyright provisions.
Official resources
For the latest official Act, Rules, forms, notices and filing information, refer to the Copyright Office, Government of India. The official Copyright Rules provide the procedural framework for applications under Section 31B.
Page reviewed and updated: 21 September 2026.