The Copyright Law in India protects rights of a creator and helps people access knowledge. This law sets clear rules for copyrights to suit India’s needs and global standards. Section 32 is a major part that allows translations of books and plays, for Indian audiences which come in many languages. Section 32 Copyright Act lets people get licenses to translate works if the original owners don’t. Known as section 32 Copyright act, it ensures copyright rules don’t block education, culture, or research. It helps more people read books and watch plays, especially in Indian languages or foreign works not yet translated.
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What is Section 32 Copyright Act?
Section 32 Copyright Act sets up a system for compulsory licenses to translate books or plays. Added in the 1957 Act, it fixes situations where copyright owners don’t translate their works, which can limit access for many people.
The goal is to stop owners from preventing translations in ways that hurt cultural sharing or education. India has over 22 official languages, so untranslated works can keep people from enjoying global stories or learning new ideas. This section lets people apply for licenses to translate works for non-commercial or educational use, while paying the owner.
This provision ties to India’s commitments under global agreements like the Berne Convention which lets developing countries use compulsory licenses to share knowledge. Over time, updates to the law have strengthened section 32, especially for research and teaching. As of 2025, after the Tribunal Reforms Act, 2021, Commercial Courts handle these applications instead of the old Intellectual Property Appellate Board (IPAB). This change speeds up decisions and improves intellectual property disputes.
In short, section 32 Copyright Act balances the rights of copyright owners with the public’s need to access works in different languages.
Recent Amendments and Developments
The biggest change to section 32 came with the Tribunal Reforms Act, 2021 which shifted cases from the IPAB to Commercial Courts for faster decisions. The 2012 Copyright Amendment Act added rules for digital rights but didn’t alter section 32 much.
As of now, no new changes have affected section 32, but discussions about AI-assisted translations might influence its use in the future. India’s commitment to global treaties, like those from WIPO, continues to shape this section.
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Provisions of Section 32 Copyright Act
Section 32 Copyright Act has several parts that explain who can apply, the rules to follow, and protections for owners. These rules help public broadcasters, like All India Radio or educational TV channels, share content with more people. Let’s break down these parts clearly.
Subsection (1): General License for Translations
Subsection (1) allows anyone to apply to translate a book or play into any language seven years after its first publication. This waiting period gives the copyright owner time to sell or translate their work. Applicants go to the Commercial Court, which replaced the Copyright Board after 2021 reforms.
This rule helps translate popular foreign books or plays into Indian languages, making them easier for people to understand without needing the owner’s permission if the conditions are met.
Subsection (1A): Special Rules for Non-Indian Works
Subsection (1A) covers foreign works, allowing applications after three years to translate them into languages used in India for teaching, studying or research. For languages not common in developed countries, the wait is only one year. This helps bring academic or scientific books to India’s students and researchers.
A key rule is that translated copies can’t be exported outside India, except for government-approved sharing with Indian citizens abroad or for non-commercial research. Each copy must note it’s only for use in India.
Conditions for Getting a License
Subsections (2) to (4) list the steps and requirements for a license. Applicants must state the planned selling price and pay a fee to the Registrar of Copyrights. The Commercial Court reviews the application and can grant a non-exclusive license if:
The owner hasn’t published a translation in the required time, or it’s no longer available.
The applicant asked the owner for permission but was refused or couldn’t find the owner after trying hard.
The applicant sent a request by registered mail at least two months (or six to nine months for subsection (1A)) before applying, with no reply.
The applicant can translate accurately and pay royalties.
The work is still in circulation.
The owner gets a chance to share their side. The Court sets fair royalty payments based on the case, ensuring the owner is paid properly.
Rules for Broadcasting Authorities
Subsections (5) to (7) allow broadcasting groups, like radio or TV stations, to apply for licenses to translate and share works for education or research. This includes making audio-visual versions for teaching. The license only allows broadcasting in India, and the broadcaster can’t pass the license to others.
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Application Process under Section 32 Copyright Act
Applying for a license under section 32 Copyright Act follows a clear process to ensure fairness and transparency. First, the applicant fills out a form from the Copyright Rules, 1958 (updated over time), listing the work, the language for translation and the selling price. They pay a fee and show proof they tried to contact the owner.
The Commercial Court reviews the application and may hold hearings. If approved, the Court tells the Registrar to issue the license with conditions, like royalty amounts and limits on where copies can go.
Timing is important: For general applications, there’s a six-month wait after contacting the owner. For research-related applications, it’s nine months. If someone disagrees with the Court’s decision, they can appeal to a higher court. Lawyers suggest keeping detailed records of efforts to find the owner, as this often decides whether the application succeeds. This process helps make copyrighted works more accessible.
Exceptions and Limitations in Section 32 Copyright Act
Section 32 Copyright Act has limits to protect copyright owners while promoting access. These limits ensure the section supports access without harming the owners’ core rights:
Licenses are non-exclusive, so the owner can still publish their own translations later.
The rules don’t apply if the owner has already translated the work or if the work is no longer available.
Export restrictions stop translated copies from competing in foreign markets.
Exceptions allow the government to export copies for Indian citizens abroad or for research, as long as there’s no commercial purpose.
Broadcasting licenses are only for non-commercial use in India.
Section 32 covers only books and plays, not music or movies. Breaking these rules can lead to losing the license or facing legal action for copyright infringement.
Summary
Section 32 Copyright Act, 1957, is a thoughtful law that balances creators’ rights with the public’s need for knowledge. By allowing compulsory licenses for translations, it helps break down language barriers, supporting education and cultural sharing in India. Lawyers and legal experts must understand its rules and processes to use it well. As intellectual property laws evolve, section 32 remains a key tool for making knowledge more accessible. Knowing its details helps professionals apply it effectively, creating a more inclusive landscape for learning and culture.
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Section 32 Copyright Act: FAQs
Q1. Section 32 of the Copyright Act?
Allows anyone to apply for a license to republish a work after 7 years from its first publication if the copyright owner refuses to allow it, subject to conditions.
Q2. Section 31C of the Copyright Act?
Permits making cover versions of sound recordings after 5 years from the original, with royalty payments to the copyright owner.
Q3. Section 33 of the Copyright Act, 1957?
Requires copyright societies to register with the government to manage licensing and royalty collection for copyrighted works.
Q4. Section 52 of the Copyright Act?
Allows limited use of copyrighted material without permission for purposes like private use, criticism, review, or education.
Q5. Section 14 of the Copyright Act?
Defines the exclusive rights of copyright owners, like reproduction, distribution, and adaptation of their work.
