Chapter VI - Licences
Section 30
Section 30: Licences by owners of copyright
Section 30 enables a written copyright licence from the owner, prospective future-work owner or authorised agent.
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Need advice on Section 30?
This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing by him or by his duly authorised agent:
Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence.
Explanation.— Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.
Applicability and limits
Identify the licensed work and right, verify the owner or agent’s authority, and record the licence in writing. A future-work licence takes effect only when the work comes into existence.
A licence does not itself prove that the licensor owns every underlying work. Section 30A and section 19 may impose additional relevant rules, so review them for a real transaction.
Hypothetical example
Hypothetical: a studio signs a written licence for a film score not yet composed. Under the proviso, that future-work licence takes effect only when the score comes into existence.
Practical steps and evidence
Check chain of title and agent authority.
Describe the work, rights, territory, duration and commercial terms in writing.
For a future work, record when it comes into existence and check the section 30 explanation if the licensee dies beforehand.
Practical checklist
Do
- Check chain of title and agent authority.
- Describe the work, rights, territory, duration and commercial terms in writing.
- For a future work, record when it comes into existence and check the section 30 explanation if the licensee dies beforehand.
Avoid
- A licence does not itself prove that the licensor owns every underlying work. Section 30A and section 19 may impose additional relevant rules, so review them for a real transaction.
Glossary
- Prospective owner
- A person expected to own copyright in a future work.
- Licence
- Permission granting an interest in a copyright right, subject to its terms.
Frequently asked questions
Can a future work be licensed?
Yes, by its prospective owner, but the licence takes effect only when that work comes into existence.
Can an agent grant the licence?
Yes, if duly authorised and the licence is in writing.
What if the future-work licensee dies first?
Unless the licence provides otherwise, the legal representatives receive its benefit under the explanation.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026