Section 31A – THE COPYRIGHT ACT, 1957

[(1) Where, in the case of any
unpublished work or any work published or communicated to the public and the work is withheld from the public
in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be
found, any person may apply to the 2
[Appellate Board] for a licence to publish or communicate to the public such
work or a translation thereof in any language.]
(2) Before making an application under sub-section (1), the applicant shall publish his proposal in one issue
of a daily newspaper in the English language having circulation in the major part of the country and where the
application is for the publication of a translation in any language, also in one issue of any daily newspaper in that
language.
(3) Every such application shall be made in such form as may be prescribed and shall be accompanied with a
copy of the advertisement issued under sub-section (2) and such fee as may be prescribed.

1 Subs. by Act 27 of 2012, s. 16(i)(a), for “any Indian work” (w.e.f. 21-6-2012).
2 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017)
3 Subs. by Act 23 of 1983, s. 2, for “radio-diffusion” (w.e.f. 9-8-1984).
4 Subs. by Act 38 of 1994, s. 2, for “record” (w.e.f. 10-5-1995).
5 Subs. by Act 27 of 2012, s. 16(i)(b), for “licence to the complainant” (w.e.f. 21-6-2012).
6 The Explanation omitted by s. 16(i)(c), ibid. (w.e.f. 21-6-2012).
7 Sub-section (2) omitted by Act 27 of 2012, s. 16(ii) (w.e.f. 21-6-2012).
8
Ins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).
9 Subs. by Act 27 of 2012, s. 17(i), for “Indian works” (w.e.f. 21-6-2012).
10 Subs. by s. 17(ii), ibid., for sub-section (1) (w.e.f. 21-6-2012).
(4) Where an application is made to the 1
[Appellate Board] under this section, it may, after holding such
inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the
work or a translation thereof in the language mentioned in the application subject to the payment of such royalty
and subject to such other terms and conditions as the 1
[Appellate Board] may determine, and thereupon the
Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the 1
[Appellate
Board].
(5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the
applicant to deposit the amount of the royalty determined by the 1
[Appellate Board] in the public account of India
or in any other account specified by the 1
[Appellate Board] so as to enable the owner of the copyright or, as the
case may be, his heirs, executors or the legal representatives to claim such royalty at any time.
(6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in subsection (1), if the original author is dead, the Central Government may, if it considers that the publication of the
work is desirable in the national interest, require the heirs, executors or legal representatives of the author to
publish such work within such period as may be specified by it.
(7) Where any work is not published within the period specified by the Central Government under subsection (6), the 1
[Appellate Board] may, on an application made by any person for permission to publish the work
and after hearing the parties concerned, permit such publication on payment of such royalty as the 1
[Appellate
Board] may, in the circumstances of such case, determine in the prescribed manner.]