Section 31C – THE COPYRIGHT ACT, 1957

(1) Any person desirous of making a cover version, being
a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work
have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the
provisions of this section:
Provided that such sound recordings shall be in the same medium as the last recording, unless the
medium of the last recording is no longer in current commercial use.
(2) The person making the sound recordings shall give prior notice of his intention to make the sound
recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with
which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work
royalties in respect of all copies to be made by him, at the rate fixed by the 1
[Appellate Board] in this
behalf:
Provided that such sound recordings shall not be sold or issued in any form of packaging or with any
cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not
contain the name or depict in any way any performer of an earlier sound recording of the same work or any
cinematograph film in which such sound recording was incorporated and, further, shall state on the cover
that it is a cover version made under this section.
(3) The person making such sound recordings shall not make any alteration in the literary or musical work
which has not been made previously by or with the consent of the owner of rights, or which is not technically
necessary for the purpose of making the sound recordings:
Provided that such sound recordings shall not be made until the expiration of five calendar years after the
end of the year in which the first sound recordings of the work was made.
(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand
copies of each work during each calendar year in which copies of it are made:
Provided that the 1
[Appellate Board] may, by general order, fix a lower minimum in respect of works in a

1 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).
2
Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-06-2012)
particular language or dialect having regard to the potential circulation of such works.
(5) The person making such sound recordings shall maintain such registers and books of account in
respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of
rights or his duly authorised agent or representative to inspect all records and books of account relating to such
sound recording:
Provided that if on a complaint brought before the 1
[Appellate Board] to the effect that the owner of
rights has not been paid in full for any sound recordings purporting to be made in pursuance of this
section, the 1
[Appellate Board] is, prima facie, satisfied that the complaint is genuine, it may pass an order
ex parte directing the person making the sound recording to cease from making further copies and, after
holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order
for payment of royalty.
Explanation.— For the purposes of this section “cover version” means a sound recording made in
accordance with this section.]