What is a statutory licence for cover versions under Section 31C

Question

I want to record and release my own version of a popular song and need to know if I require permission from the original owner. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is a statutory licence for cover versions under Section 31C is governed in India primarily by Copyright Act, 1957, Section 31C and Copyright Rules, 2013, Rule 24. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 31C of the Copyright Act, 1957, introduced by the 2012 amendment, allows any person to make a 'cover version' sound recording of a literary, dramatic or musical work already recorded, without seeking the original owner's permission, provided the statutory conditions are met and a fixed royalty is paid.

The person intending to make the cover version must give prior notice to the copyright owner in the manner prescribed under Rule 24 of the Copyright Rules, 2013, and pay royalties in advance at the rate fixed by the Appellate Board (now the Commercial Court/IPD), calculated per minute of recording or part thereof, before making the recording.

The cover version cannot be made until five calendar years have elapsed since the end of the year in which the original sound recording was made, and it must not include any alteration to the original literary or musical work not necessitated by the technical requirements of making the sound recording, and it must not be an advertisement.

The label of the cover version must not mislead the public as to its identity — it must clearly state that it is a cover version and give due credit to the original work and its author, and the maker cannot sell more copies than the number stated in the notice given to the owner.

What to do next: 1) Wait until five years have elapsed since the original sound recording; 2) Give prior written notice and pay advance royalty to the copyright owner; 3) Clearly label the recording as a cover version giving credit to the original; 4) Avoid unauthorised alteration of the underlying literary or musical work.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Copyright Act, 1957, Section 31C carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.