Section 32 – THE COPYRIGHT ACT, 1957

(1) Any person may apply to the 1
[Appellate Board]
for a licence to produce and publish a translation of a literary or dramatic work in any language 2
[after a period
of seven years from the first publication of the work].
3
[(1A) Notwithstanding anything contained in sub-section (1), any person may apply to the 1
[Appellate
Board] for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a
literary or dramatic work, other than an Indian work, in any language in general use in India after a period of three
years from the first publication of such work, if such translation is required for the purposes of teaching,
scholarship or research:
Provided that where such translation is in a language not in general use in any developed country, such
application may be made after a period of one year from such publication.]
(2) Every 4
[application under this section] shall be made in such form as may be prescribed and shall state
the proposed retail price of a copy of the translation of the work.
(3) Every applicant for a licence under this section shall, along with his application, deposit with the
Registrar of Copyrights such fee as may be prescribed.
(4) Where an application is made to the 1
[Appellate Board] under this section, it may, after holding such
inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and
publish a translation of the work in the language mentioned in 5
[the application—
(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work
royalties in respect of copies of the translation of the work sold to the public, calculated at such rate
as the 1
[Appellate Board] may, in the circumstances of each case, determine in the prescribed
manner; and
(ii) where such licence is granted on an application under sub-section (1A), subject also to the condition
that the licence shall not extend to the export of copies of the translation of the work outside India
and every copy of such translation shall contain a notice in the language of such translation that the
copy is available for distribution only in India:
Provided that nothing in clause (ii) shall apply to the export by Government or any authority under the

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 21-6-2012)
3
Ins. by Act 23 of 1983, s. 13 (w.e.f. 9-8-1984).
4 Subs. by s. 13, ibid., for “such application” (w.e.f. 9-8-1984).
5 Subs. by s. 13, ibid., for certain words (w.e.f. 9-8-1984).
Government of copies of such translation in a language other than English, French or Spanish to any country if—
1) such copies are sent to citizens of India residing outside India or to any association of such citizens
outside India; or
2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any
commercial purpose; and
3) in either case, the permission for such export has been given by the Government of that country:]
1
[Provided further that no licence under this section] shall be granted, unless—
(a) a translation of the work in the language mentioned in the application has not been published by the
owner of the copyright in the work or any person authorised by him, 2
[within seven years or three
years or one year, as the case may be, of the first publication of the work], or if a translation has been
so published, it has been out of print;
(b) the applicant has proved to the satisfaction of the 3
[Appellate Board] that he had requested and had
been denied authorisation by the owner of the copyright to produce and publish such translation, or
that 4
[he was, after due diligence on his part, unable to find] the owner of the copyright;
(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request
for 5
[such authorisation by registered air mail post to the publisher whose name appears from the
work, and in the case of an application for a licence under sub-section (1)], not less than two months
before 6
[such application];
7
[(cc) a period of six months in the case of an application under sub-section (1A) (not being an application
under the proviso thereto), or nine months in the case of an application under the proviso to that subsection, has elapsed from the date of making the request under clause (b) of this proviso or where a
copy of the request has been sent under clause (c) of this proviso, from the date of sending of such
copy, and the translation of the work in the language mentioned in the application has not been
published by the owner of the copyright in the work or any person authorised by him within the said
period of six months or nine months, as the case may be;
8
[(ccc) in the case of any application made under sub-section (1A),—
(i) the name of the author and the title of the particular edition of the work proposed to be translated
are printed on all the copies of the translation;
(ii) if the work is composed mainly of illustrations, the provisions of section 32A are also complied

1 Subs. by Act 23 of 1983, s. 13, for “Provided that no such licence” (w.e.f. 9-8-1984).
2 Subs. by s. 13, ibid., for “within seven years of the first publication of the work” (w.e.f. 9-8-1984).
3 Subs. by Act 7 of 2017, s.160 (a), for “Copyright Board” (w.e.f. 26-5-2017).
4 Subs. by Act 23 of 1983, s. 13,., for “he was unable to find” (w.e.f. 9-8-1984).
5 Subs. by s. 13, ibid., for “such authorisation to the publisher whose name appears from the work” (w.e.f. 9-8-1984).
6 Subs. by s. 13, ibid., for “the application for the licence” (w.e.f. 9-8-1984).
7
Ins. by s. 13, ibid. (w.e.f. 9-8-1984).
8
Ins. by s. 13, ibid. (w.e.f. 9-8-1984).
with;]
(d) the 1
[Appellate Board] is satisfied that the applicant is competent to produce and publish a correct
translation of the work and possesses the means to pay to the owner of the copyright the royalties
payable to him under this section;
(e) the author has not withdrawn from circulation copies of the work; and
(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the
work.
2
[(5) Any broadcasting authority may apply to the 1
[Appellate Board] for a licence to produce and
publishthetranslationof—
(a) a work referred to in sub-section (1A) and published in printed or analogous forms of
reproduction; or
(b) any text incorporated in audio-visual fixations prepared and published solely for the purpose of
systematic instructional activities,
for broadcasting such translation for the purposes of teaching or for the dissemination of the results of
specialized, technical or scientific research to the experts in any particular field.
3
[(6) The provisions of sub-sections (2) to (4) in so far as they are relatable to an application under
sub-section (1A), shall, with the necessary modifications, apply to the grant of a licence under subsection (5) and such licence shall not also be granted unless—
(a) the translation is made from a work lawfully acquired;
(b) the broadcast is made through the medium of sound and visual recordings;
(c) such recording has been lawfully and exclusively made for the purpose of broadcasting in India
by the applicant or by other broadcasting agency; and
(d) the translation and the broadcasting of such translation are not used for any commercial
purposes.
Explanation.—Forthepurposes ofthissection,—
(a) “developed country” means a country which is not a developing country;
(b) “developing country” means a country which is for the time being regarded as such in
conformity with the practice of the General Assembly of the United Nations;

1 Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
2
Ins. by Act 23 of 1983, s. 13, (w.e.f. 9-8-1984).
3
Ins. by Act 23 of 1983, s.13(e) (w.e.f 9-8-1984)
(c) “purposes of research” does not include purposes of industrial research, or purposes of
research by bodies corporate (not being bodies corporate owned or controlled by Government)
or other associations or body of persons for commercial purposes;
(d) “purposes of teaching, research or scholarship”includes—
(i) purposes of instructional activity at all levels in educational, institutions, including
Schools, Colleges, Universities and tutorial institutions; and
(ii) purposes of all other types of organised educational activity.]