Rules 38 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 38 and 39 open Chapter X of the Copyright Rules, 2013. They deal with applications for a licence to publish or translate a work, or to reproduce a published work, under section 32(1A) and section 32A of the Copyright Act, 1957. The application is in Form VII, a copy goes to the owner by registered post, and the grant is to be made within a stated period of two months.
The application for a licence under section 32(1A) and section 32A is in Form VII with the Second Schedule fee, for one work only and one translation language only. A copy goes to the owner by registered post. The Board hears the applicant and interested persons and, if satisfied, grants the licence within a period of two months. The licence states the period, royalty rate, language and payee, and is notified in the Gazette and on the websites. The rules refer to the Board, abolished at Act level in 2021.
The Board caution
Rule 39 gives the hearing and the grant to "the Board", and Form VII is addressed to the Registrar of Copyrights/Secretary, Intellectual Property Appellate Board. That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and moved its role under sections 32 and 32A to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment. This article explains what the rules require of the applicant; it does not present procedure before the Board as current. For the Act text see section 32A. If you are applying for such a licence or opposing one, our copyright objection reply team can help.
Rule 38: the application
Rule 38(1). An application for a licence "under sub-section (1A) of section 32 and section 32A to publish or to translate any work in any language or to reproduce any published work shall be made in Form VII and shall be accompanied by the fee specified in the Second Schedule."
Rule 38(2). Every application is "in respect on one work only and in respect of translation of a work into one language only." (The text reads "on" for "of".)
What Form VII asks
Form VII is headed "Licence for publication, translation and reproduction of work" (see rule 38), although it is the application form. The applicant applies under section 32(1A) or section 32A for a licence to publish an unpublished work, to reproduce a published work, or to translate a work; undertakes to abide by the licence; and verifies that the particulars are true and nothing is concealed. The Statement asks for:
| Items | Content |
|---|---|
| 1 to 3 | Applicant's name, address, nationality, contacts |
| 4 | The work: class, title, author (with date of death if deceased), language, publisher, years and countries of first and last publication, price, registration number if known |
| 5 | For translation: the language, the translator's name, qualifications and address, and the applicant's qualifications |
| 6 to 11 | Purpose of the licence; number of copies; estimated cost; proposed retail price; proposed royalty; means to pay it |
| 12 | Fee payment particulars |
| 13 | The person competent to issue a licence; whether, after due diligence, the owner could not be found; whether authorisation was requested and denied; a copy of the request sent by registered post to the publisher named on the work, with the date |
| 14 | Whether the author has withdrawn copies from circulation |
| 15 and 16 | For translation, earlier translations in the same and other languages |
| 17 and 18 | Remarks; enclosures |
Fee (as notified in 2013; check the current Schedule)
Two entries of the Second Schedule are relevant. Entry 1, a licence to republish a literary, dramatic, musical or artistic work (sections 31, 31A, 31B* and 32A), is Rs. 5,000 per work. Entry 8, an application for a licence to produce and publish a translation of a literary or dramatic work in any language (sections 32 and 32A), is Rs. 5,000 per work. The text does not say which entry applies to reproduction of a published work under section 32A, nor to a section 32(1A) application that is not a translation; check the current Schedule.
Rule 39: notice and grant
Rule 39(1). "A copy of such application shall be served by registered post on the owner of copyright." Unlike rule 33 for translation under section 32, the notice here is served by the applicant on the owner, not published by the Board in the Gazette.
Rule 39(2). The Board gives an opportunity of being heard to the applicant and, wherever practicable, to any person claiming an interest in the copyright, and may take such evidence as it deems fit. The printed text reads "an opportunity of being to the applicant" with a word dropped (heard).
Rule 39(3). If satisfied that the licence "for a translation of the work in the language or for publication or for reproduction of the work, applied for may be granted", the Board grants it to the applicant or, among several, to the one who would in its opinion serve the general public interest most effectively, "within a period of two months".
The text does not say when the two months start. It may run from the application, from service or from the hearing; the rule is silent.
Rule 39(4). Every licence is subject to the conditions in section 32(4)(i) and section 32A(4)(i) on payment of royalties and shall specify:
- the period within which the work is to be published;
- the rate of royalty on copies sold to the public;
- for a translation, the language; and
- the person or persons to whom royalties are payable.
Rule 39(5). The grant is notified "as soon as possible" in the Official Gazette, posted on the websites of the Copyright Office and the Board, and a copy is sent to the other parties.
Comparison with the section 32 rules
| Point | Rules 32 to 34 (section 32) | Rules 38 and 39 (sections 32(1A), 32A) |
|---|---|---|
| Form | Form VI | Form VII |
| Notice | Board publishes in Gazette; waits 120 days | Applicant serves owner by registered post |
| Time to grant | No period; consider after at least 120 days | "within a period of two months" |
| Licence terms | Period, language, royalty rate, payee | Period, royalty rate, language (if translation), payee |
An example
Madhav Education wants to reproduce a published reference book for a purpose that section 32A covers. It files Form VII for that one book, pays the fee as notified in 2013, attaches proof of its request and refusal, and sends the owner a copy of the application by registered post. If the owner cannot be traced, Madhav records in item 13 the due diligence and the copy sent to the publisher on the book.
What the rules do not say
- The start date of the two-month period.
- What happens if the period lapses without a decision.
- Any form of service on an owner who cannot be found beyond Form VII item 13.
- A rate of royalty.
Need help with a publication or reproduction licence?
Evidence of the request and refusal, service by registered post and the licence terms all matter. Our copyright objection reply team can help prepare or answer the application.
Key takeaways
- Rule 38 requires Form VII, the Second Schedule fee, one work and one translation language only.
- Under rule 39 the applicant serves a copy on the owner by registered post.
- The grant is to be made within a period of two months, with licence terms stated in rule 39(4).
- Notification is in the Gazette and on the websites of the Copyright Office and the Board.
- The Board is abolished at Act level; check later amendments to the Rules.
Read next
- Rules 40–43: licence for publication royalties, extension and cancellation
- Rules 32–34: translation licence application, notice and consideration
- Section 32B: termination of licences
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.