Copyright Licence Agreement (India)
COPYRIGHT LICENCE AGREEMENT
Copyright Act 1957 | Indian Contract Act 1872 | Arbitration and Conciliation Act 1996
This Copyright Licence Agreement ("Agreement") is entered into as of [Effective Date] between:
(1) [Licensor Name] (PAN: [Licensor PAN]), having its address at [Licensor Address] (hereinafter referred to as the "Licensor"); and
(2) [Licensee Name] (PAN: [Licensee PAN]), having its address at [Licensee Address] (hereinafter referred to as the "Licensee").
The Licensor and Licensee are collectively referred to as the "Parties".
RECITALS
A. The Licensor is the owner of copyright in the work titled [Work Title] ("Work"), described as: [Work Description], bearing copyright registration number [Registration Number] (if applicable).
B. The Licensee wishes to obtain a licence to use the Work for the purposes set out in this Agreement, and the Licensor is willing to grant such licence on the terms herein.
1. GRANT OF LICENCE
1.1 Subject to the terms and conditions of this Agreement, the Licensor hereby grants to the Licensee a [Licence Type] licence to exercise the following rights in the Work under Section 14 of the Copyright Act 1957:
[Rights Granted]
1.2 The licence granted under this Agreement is limited to the territory of [Territory] and shall not be exercised outside that territory without the prior written consent of the Licensor.
1.3 The Licensee shall not sublicence, assign, or transfer any of the rights granted herein without the prior written consent of the Licensor.
1.4 All rights not expressly granted under this Agreement are reserved by the Licensor. This Agreement does not transfer copyright ownership to the Licensee.
2. TERM
2.1 This Agreement shall commence on [Effective Date] and shall continue for [Licence Term], unless earlier terminated in accordance with this Agreement.
2.2 The Licensee acknowledges Section 19A of the Copyright Act 1957 and agrees to exercise the licensed rights within twelve months of the Effective Date, failing which the Licensor may terminate this Agreement by written notice.
3. ROYALTIES AND PAYMENTS
3.1 In consideration of the rights granted, the Licensee shall pay the Licensor royalties on the following basis: [Royalty Structure].
3.2 All payments shall be made in Indian Rupees (₹) by NEFT/RTGS to the bank account designated by the Licensor. Any applicable goods and services tax (GST) under the Central Goods and Services Tax Act 2017 shall be payable by the Licensee in addition to the royalties.
3.3 The Licensor's audit rights are as follows: [Audit Rights].
3.4 Royalties unpaid after the due date shall attract interest at 18% per annum (1.5% per month) from the due date until the date of actual payment.
4. MORAL RIGHTS
4.1 The Licensee acknowledges the Licensor's moral rights under Section 57 of the Copyright Act 1957, including the right of paternity (to be identified as the author) and the right of integrity (to object to distortion, mutilation, or modification of the Work that is prejudicial to the author's honour or reputation).
4.2 The Licensee shall ensure that the Licensor is credited appropriately in all copies and communications of the Work, and shall not make any modification to the Work without the Licensor's prior written consent.
5. INFRINGEMENT
5.1 The Licensor warrants that it has full right and authority to grant this licence and that, to the best of its knowledge, the Work does not infringe the copyright of any third party.
5.2 The Licensee shall promptly notify the Licensor of any actual or suspected infringement of the copyright in the Work that comes to its attention. The Licensor shall have the sole right (but not obligation) to take action against infringers. If the licence is exclusive, the Licensee may, with the Licensor's written consent, bring infringement proceedings under Section 54 of the Copyright Act 1957.
6. TERMINATION
6.1 Either Party may terminate this Agreement on thirty (30) days' written notice if the other Party commits a material breach and fails to remedy such breach within fifteen (15) days of written notice specifying the breach.
6.2 The Licensor may terminate this Agreement immediately by written notice if the Licensee becomes insolvent, is wound up, or ceases to carry on business.
6.3 Upon termination or expiry: (a) all rights granted to the Licensee shall revert to the Licensor; (b) the Licensee shall immediately cease use of the Work, destroy or return all copies in its possession, and confirm compliance in writing; and (c) all accrued payment obligations shall survive.
7. DISPUTE RESOLUTION
7.1 Any dispute arising out of or in connection with this Agreement shall first be referred to good-faith negotiations for thirty (30) days.
7.2 If unresolved, the dispute shall be referred to arbitration seated at [Arbitration City], in accordance with the Arbitration and Conciliation Act 1996. The arbitral tribunal shall consist of a sole arbitrator mutually appointed. The language shall be English. The award shall be final and binding.
7.3 This Agreement is governed by and construed in accordance with the laws of India. Subject to the arbitration clause, the courts of [Governing State] shall have exclusive jurisdiction.
8. GENERAL PROVISIONS
8.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions and understandings.
8.2 This Agreement may not be amended except by a written instrument signed by authorised representatives of both Parties.
8.3 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force.
8.4 This Agreement shall be executed on non-judicial stamp paper of appropriate value as required under the Indian Stamp Act 1899 and the applicable state Stamp Act.
Licensor
________________
Signature
Licensee
________________
Signature
What Is a Copyright Licence Agreement (India)?
A Copyright Licence Agreement in India grants the rights specified to the other party and records the terms, duration and territory of that grant.
In India, copyright arises automatically upon creation of an original literary, dramatic, musical, or artistic work, a cinematograph film, or a sound recording under the Copyright Act 1957. No registration is required for copyright to exist, though registration under Section 44 of the Act creates a public record and serves as prima facie evidence in court proceedings. The Copyright Act 1957 was substantially amended in 2012 to strengthen authors' rights and align with international treaties including the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty.
A copyright licence agreement is essential in a wide range of commercial contexts: technology licensing, publishing and media, film and music distribution, software deployment, e-commerce, and digital content platforms. A well-drafted agreement clearly defines the scope of the rights granted (reproduction, distribution, communication to the public, adaptation), the exclusivity or non-exclusivity of the licence, the permitted territory, the term, the royalty structure, quality control obligations, and the procedure for termination.
The legal framework governing the Copyright Licence Agreement (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Copyright Licence Agreement (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Copyright Act, 1957 sets the foundational requirements.
When Do You Need a Copyright Licence Agreement (India)?
You need a copyright licence agreement in India whenever you wish to permit another person or organisation to use your copyrighted work commercially or otherwise, while retaining ownership of the copyright. The agreement must be in place before the licensee begins using the work.
Common situations include: granting a publisher the right to print and distribute your book or academic paper; permitting a software company to incorporate your code library into their product; allowing a music streaming platform to stream your musical compositions; licensing a photographer's images to a website, advertising agency, or print media company; permitting a broadcaster to show your film or documentary; and authorising a foreign company to translate and publish your work in another language.
You also need this agreement when you are the licensee — before you reproduce, publish, distribute, adapt, or publicly communicate any third-party copyrighted work, you must have a written licence that clearly authorises those activities. Using a work without a licence, even inadvertently, constitutes infringement under Section 51 of the Copyright Act 1957 and exposes the infringer to civil damages, account of profits, seizure of infringing copies, and criminal liability under Section 63 of the Act.
Parties in India should prepare a Copyright Licence Agreement (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Copyright Licence Agreement (India)
A thorough India Copyright Licence Agreement should include the following key elements.
Parties: Full legal names, addresses, PAN, and CIN (for companies) of both licensor and licensee.
Description of Work: Clear identification of the copyrighted work being licensed — title, author, nature of the work, registration number if registered, and any distinguishing features.
Scope of Licence: Precise enumeration of which exclusive rights under Section 14 of the Copyright Act 1957 are being licensed (e.g., reproduction, distribution, public communication, adaptation, translation).
Exclusivity: Whether the licence is exclusive or non-exclusive, and — if exclusive — the scope of that exclusivity.
Territory: The geographic territory in which the licensee may exercise the licensed rights (e.g., India only, SAARC region, worldwide).
Term: The duration of the licence, including any renewal provisions and the statutory reversion right under Section 19A.
Royalties and Payments: The royalty rate or fee, payment schedule, currency (INR), audit rights, and interest on late payments.
Quality Control: The licensor's right to inspect and approve the licensee's use of the work to maintain quality standards.
Moral Rights: Acknowledgement of the author's moral rights under Section 57 of the Copyright Act 1957 (right of paternity and integrity).
Termination: Grounds and procedure for termination, obligations on termination, and any permitted sell-off period.
Governing Law and Arbitration: Governed by Indian law, with arbitration under the Arbitration and Conciliation Act 1996 as the preferred dispute resolution mechanism.
Additional compliance elements for a Copyright Licence Agreement (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Copyright Licence Agreement (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/intellectual-property/copyright-licence-agreement-india
"Copyright Licence Agreement (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/intellectual-property/copyright-licence-agreement-india.
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author = {{Forms Legal}},
title = {Copyright Licence Agreement (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/business/intellectual-property/copyright-licence-agreement-india}},
note = {Free legal document template. Based on Copyright Act, 1957}
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Frequently Asked Questions
A copyright licence under the Copyright Act 1957 is a formal permission granted by the copyright owner (licensor) to another person (licensee) to exercise one or more of the exclusive rights that vest in the owner of copyright under Section 14 of the Act. These exclusive rights include the right to reproduce the work, issue copies to the public, perform or communicate the work to the public, make adaptations, and translate the work. Without a licence, any exercise of these rights by a third party constitutes infringement under Section 51 of the Act. Under Section 30 of the Copyright Act 1957, the owner of copyright in any existing work or the prospective owner of copyright in any future work may grant any interest in the right by licence in writing, signed by the owner or their authorised agent. A licence to copy is not an assignment — the copyright owner retains ownership of the copyright and merely permits the licensee to use the work within the bounds of the licence. Crucially, Section 19 of the Act requires that every assignment (and by extension every exclusive licence) of copyright must be in writing and signed by the assignor or their authorised agent. An oral licence is not invalid, but it is unenforceable if disputed. A written licence protects both parties by setting out the precise scope of permitted use, the term, the territory, the royalty structure, and the conditions for termination.
Under the Copyright Act 1957, a copyright licence may be exclusive or non-exclusive, and this distinction has significant legal consequences. An exclusive licence under Section 2(j) means the licensor grants to the licensee, to the exclusion of all other persons (including the licensor themselves), the right to exercise one or more of the copyright owner's exclusive rights. An exclusive licensee thus stands in the shoes of the copyright owner for the purposes of the rights granted and can bring infringement proceedings in their own name under Section 54 of the Act. A non-exclusive licence, by contrast, merely permits the licensee to exercise the specified rights alongside the licensor and any other licensees the licensor may appoint. The non-exclusive licensee cannot sue for infringement in their own name without joining the copyright owner. Non-exclusive licences are commonly used for software, music, publishing, and digital content distribution where the licensor wishes to exploit the work through multiple channels simultaneously. The practical implications are significant. An exclusive licensee has a stronger legal position but typically pays higher royalties. A non-exclusive licence is less valuable but easier to obtain. When drafting, it is essential to state clearly whether the licence is exclusive or non-exclusive, and — if exclusive — whether it is exclusive as to territory, platform, medium, language, or all of the above.
Royalty and payment terms in Indian copyright licence agreements vary widely depending on the type of work, the industry, and the commercial bargaining power of the parties. Under Section 18 of the Copyright Act 1957 (as amended in 2012), an author cannot assign or waive their right to receive royalties in certain cases — notably in respect of authors of literary and musical works included in a cinematograph film or a sound recording, who retain the right to receive a royalty equal to that payable to the producer. For general commercial licensing, royalty structures commonly used in India include: (a) a percentage of net sales revenue (typically 5–15% for literary works, 8–15% for software, and varying rates for music and artistic works); (b) a fixed fee per copy or per use; (c) a lump-sum upfront payment for a defined term; (d) a combination of an upfront advance against future royalties; or (e) a revenue-share model for digital content platforms. Payment terms should specify: the currency (Indian Rupees, ₹); the payment frequency (monthly, quarterly, or annually); whether payments are to be made via RTGS/NEFT to a specified account; the basis for royalty calculation and reporting; the right of the licensor to audit the licensee's books; and interest on late payments (typically at the rate prescribed under the Micro, Small and Medium Enterprises Development Act 2006 or a contractually agreed rate).
Termination provisions in a copyright licence agreement under Indian law are governed primarily by the terms of the agreement itself and, in certain cases, by the Copyright Act 1957. The agreement should specify: (a) the initial term of the licence; (b) whether it is automatically renewable or expires unless renewed; (c) rights of termination for cause (material breach, insolvency, or cessation of business); and (d) rights of termination for convenience (on notice).
The Copyright Act 1957 contains a significant statutory reversion right under Section 19A: if an assignee or exclusive licensee does not exercise their rights within one year of the assignment or licence, the assignment or licence is deemed to have lapsed. This provision is intended to prevent rights from being 'warehoused'. A well-drafted licence agreement should address this by requiring the licensee to commercialise the work within a specified period.
On termination, the agreement should require the licensee to: cease all use of the copyrighted work; destroy or return all copies; cease use of any branding or identifiers associated with the work; and confirm in writing that they have complied. The licensor's rights in the copyright survive termination unaffected. Where royalties have accrued before termination, the licensee's obligation to pay them continues after termination. The parties should also address whether pending orders or commitments made before the notice of termination can be fulfilled after termination (a 'sell-off' period).
A Copyright Licence Agreement (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Copyright Act, 1957 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India has jurisdiction over disputes arising from this type of document, and Registrar of Companies (ROC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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