Section 53A 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 53A gives the author of an original painting, sculpture, drawing, or an original manuscript of a literary, dramatic or musical work a right to share in the price when that original is resold for more than ten thousand rupees. The share is fixed by the Commercial Court (before the Tribunals Reforms Act, 2021 it was fixed by the Appellate Board) and can never exceed ten percent of the resale price. For artists and heirs, an assignment-related review of past contracts is a useful first step.
On a resale for a price exceeding Rs 10,000 of an original painting, sculpture, drawing or manuscript, the author (if first owner under section 17) or his legal heirs share in the price, notwithstanding any assignment. The share is fixed by the Commercial Court, may differ by class of work, and cannot exceed ten percent of the resale price. The right ends with the term of copyright.
The 2021 change
The printed text refers to the "Appellate Board" in sub-section (2) (including both provisos) and sub-section (3), after the Appellate Board was substituted for "Copyright Board" by Act 7 of 2017. The Tribunals Reforms Act, 2021, clause (g) of its Chapter V, does two things to section 53A: it substitutes "Commercial Court" for "Appellate Board" wherever the words occur, and in sub-section (2) it omits the words "and the decision of the Appellate Board in this behalf shall be final". Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The current wording is used below. Sub-section (3) still says the Commercial Court's decision is final, as the 2021 Act omits finality only in sub-section (2).
The section itself was inserted by Act 38 of 1994 (w.e.f. 10-5-1995).
Sub-section (1): who gets the share and when
"In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section."
| Element | Text |
|---|---|
| Trigger | Resale for a price exceeding ten thousand rupees |
| Objects | Original copy of a painting, sculpture or drawing; original manuscript of a literary, dramatic or musical work |
| Who benefits | The author, if he was the first owner of rights under section 17, or his legal heirs |
| Effect on assignment | "Notwithstanding any assignment of copyright" |
| What is shared | The resale price of the original copy or manuscript |
For first ownership, including employment and commissioned works, see section 17. An author who was not the first owner (for example, an employee whose employer was first owner) is outside the text.
Proviso. "Such right shall cease to exist on the expiration of the term of copyright in the work." For terms, see term of copyright.
Sub-section (2): who fixes the share
As amended: "The share referred to in sub-section (1) shall be such as the Commercial Court may fix:"
- First proviso: the Commercial Court "may fix different shares for different classes of work".
- Second proviso: "in no case shall the share exceed ten percent of the resale price."
The Act does not set a standard rate; it sets a ceiling. The "Commercial Court" is defined for the Act by the 2021 amendment, which inserted clause (fa) in section 2: a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015.
Sub-section (3): disputes
"If any dispute arises regarding the right conferred by this section, it shall be referred to the Commercial Court whose decision shall be final." The text does not say who may refer, in what form, or within what time.
Worked example
Rohit Banerjee, a painter, sold an original canvas years ago and assigned copyright in it. The canvas is now resold for Rs 8,00,000. Section 53A(1) applies as the price exceeds Rs 10,000, and the right applies "notwithstanding any assignment". The share is whatever the Commercial Court fixes for that class of work, and in no case more than ten percent of the resale price, that is Rs 80,000 on this price. If the canvas had been resold for Rs 9,000, the section would not apply. If Rohit has died within the term, his legal heirs have the right.
What the section does not say
- It does not say who pays the share, or how a seller or auctioneer must account for it.
- It does not provide a time within which the share must be claimed.
- It does not apply to photographs, films or sound recordings; the objects listed are paintings, sculptures, drawings and original manuscripts.
- Tax on the receipt: see our income-tax guides.
For assignments that interact with this right, see assignment of copyright: sections 18 and 19.
Need help with an artist's or author's resale claim?
If you have assigned copyright but still want to protect a share in resale of originals, or you act for an artist's heirs, we can review the contracts. Start with our copyright assignment service.
Key takeaways
- Applies to resale above Rs 10,000 of an original painting, sculpture, drawing or manuscript.
- Benefits the author (if first owner under section 17) or legal heirs, even after assignment.
- The Commercial Court fixes the share; the cap is ten percent of the resale price.
- The right ends when the term of copyright ends.
- Before the Tribunals Reforms Act, 2021 the body was the Appellate Board.
Read next
- Section 53: importation of infringing copies
- Sections 54–55: owner of copyright and civil remedies for infringement
- Copyright in artistic works: paintings, photos, architecture
- Assignment of copyright: sections 18 and 19
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.