Section 31B 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.
Section 31B is the profit-side counterpart to an exception in section 52. It lets a person working for the benefit of persons with disability on a profit basis or for business apply for a compulsory licence to publish a work for those persons. After the Tribunals Reforms Act, 2021, the application goes to the Commercial Court. Publishers and accessibility businesses weighing this route can talk to our legal consultation team.
A person working for persons with disability on a profit basis or for business may apply to the Commercial Court, in the prescribed form and manner with the prescribed fee, for a compulsory licence to publish a work in which copyright subsists for their benefit, where clause (zb) of section 52(1) does not apply. The Court checks the applicant's credentials and good faith, hears the owners, and may direct the Registrar to grant the licence. It endeavours to decide within two months.
The 2021 wording
Section 31B was inserted in 2012 (footnote). As printed it names the "Appellate Board" throughout. The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 31B. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The Commercial Court is as defined in new section 2(fa).
Where section 31B sits: the exception and the licence
The printed section applies "in a case to which clause (zb) of sub-section (1) of section 52 does not apply". Clause (zb) of section 52(1) permits adaptation, reproduction, issue of copies or communication to the public of any work in an accessible format by (i) any person to facilitate persons with disability to access works, including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research, or (ii) any organisation working for the benefit of persons with disabilities where the normal format prevents enjoyment. The proviso to (zb), as printed, requires copies in the accessible format to be made available to persons with disabilities "on a non-profit basis but to recover only the cost of production".
Put simply, section 52(1)(zb) is for non-profit accessible copies without a licence; section 31B is for the case outside that exception, where the applicant works on a profit basis or for business. For the exceptions in section 52, see our post on exceptions to copyright infringement under section 52.
Sub-section (1): who may apply
"Any person working for the benefit of persons with disability on a profit basis or for business may apply to the , in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application."
| Element | Printed text |
|---|---|
| Applicant | "any person working for the benefit of persons with disability on a profit basis or for business" |
| Works | "any work in which copyright subsists" |
| Purpose | "to publish ... for the benefit of such persons" |
| Condition | A case to which clause (zb) of section 52(1) "does not apply" |
| Form and fee | As prescribed (Copyright Rules, 2013); no amount stated here |
| Time | Dispose "as expeditiously as possible"; endeavour to dispose within two months from receipt |
The two months is an endeavour, not a deadline: the word is "endeavour shall be made". The text does not say what happens if the period passes.
Sub-section (2): the credentials check
The Commercial Court "may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith." The Court may hold the inquiry itself or direct one. The text does not list the documents needed; "credentials" is not defined.
Sub-section (3): the decision
"If the is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the Registrar of Copyrights to grant to the applicant such a licence to publish the work."
The Court must (a) hear the owners of rights, (b) hold the inquiry it deems necessary, and (c) be satisfied that the licence "needs to be issued to make the work available to the disabled". The Registrar then grants the licence on its direction. The word is "may": a discretion.
Sub-section (4): what the licence must say
"Every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty."
| Item that every licence must specify | Source |
|---|---|
| Means and format of publication | 31B(4) |
| Period during which the licence may be exercised | 31B(4) |
| Number of copies that may be issued (for issue of copies) | 31B(4) |
| Rate or royalty | 31B(4) |
The section states no royalty rate or fee; each licence sets its own. The proviso says that where the Commercial Court "has issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit."
Example. An education company wants to produce large-print and audio versions of a set of textbooks for sale to schools, and works on a commercial basis. Because it is not a case of non-profit sharing under section 52(1)(zb), it applies under section 31B. The Commercial Court checks its credentials, hears the publishers, and if satisfied directs the Registrar to grant a licence that states the format, period, number of copies and royalty. Later, with a further application, it can ask to extend the period or the number of copies.
What section 31B does not say
- It does not define "persons with disability". The text uses the phrase without definition.
- It does not say the licence is exclusive or not.
- It does not state a fee or royalty rate.
- It does not say who bears the cost of the inquiry.
- It does not mention the Central Government.
Need help with an accessible-format project?
Whether your project falls under the section 52 exception or needs a section 31B licence depends on whether you work on a non-profit or a profit basis. Our legal consultation team can review your project and advise on the route and the application.
Key takeaways
- Section 31B lets a profit-making or business applicant for persons with disability seek a compulsory licence to publish a copyrighted work for their benefit.
- It applies where clause (zb) of section 52(1) does not apply.
- Applications now go to the Commercial Court; before the Tribunals Reforms Act, 2021 they went to the Appellate Board.
- The Court checks credentials and good faith, hears the owners and may direct the Registrar to grant the licence; it endeavours to decide within two months.
- Every licence must specify means and format, period, number of copies and rate or royalty; extensions are possible on further application.
Read next
- Section 31A: compulsory licence in unpublished or published works
- Section 31C: statutory licence for cover versions
- Exceptions to copyright infringement: section 52
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.