YouTube is full of budding artists singing their favourite songs in their own style, and DJs remixing tracks. Do they need permission? Yes — both cover versions and remixes engage copyright, and getting the licence right is the first step.
Cover versions — Section 31C
The 2012 amendment reshaped the rights of composers, lyricists and performers. Section 31C governs the statutory licence to make a cover version of a sound recording (of a literary, dramatic or musical work). A statutory licence runs on the Act’s terms; a general licence is negotiated between the parties.
The Section 31C conditions:
- no cover until five years from the end of the year the original recording was made;
- the cover must be in the same medium as the original (unless that medium is no longer in commercial use);
- prior consent of the sound-recording owner;
- copies of covers/labels disclosed to the owner before release;
- royalties fixed by the Copyright Board — for a minimum of 50,000 copies per year, with additional royalties fixed (lower rates possible for smaller language/dialect circulation);
- the cover must explicitly state it’s a cover of the original;
- no alteration of the sound recording beyond what’s technically necessary; and
- the cover-maker must maintain accounts, inspectable by the owner.
These apply to the statutory licence. Artists remain free to approach the owner directly for a general licence — the only route if you want to cover before the five years expire, or to negotiate royalties.
Make a cover without consent and it’s copyright infringement — and the owner can also sue for infringement of moral rights (distortion/mutilation/modification).
Remixes — an adaptation needing a licence
A remix re-records or re-mixes some/more elements differently. Even if the result is substantially different, it’s still an adaptation of the original — so the remixer must obtain a licence from the sound-recording owner. There’s no remix-specific provision like Section 31C, but the Act’s general licence provisions apply.
With remixes proliferating, original artists are increasingly enforcing their rights — and since most composers, lyricists and singers are members of copyright societies, obtaining a licence isn’t difficult.
The bottom line
Whether you’re DJ-ing at a club, building a remix album, or making cover versions, the first step is the same — get a licence.
The takeaways
- Covers need consent — via Section 31C’s statutory licence or a negotiated general licence.
- Section 31C conditions are strict — five-year wait, same medium, royalties, disclosures, no undue alteration.
- Remixes are adaptations — they need a general licence; there’s no remix-specific statutory route.
- No licence = infringement — plus a possible moral-rights claim.
Frequently asked questions
Do I need a licence to make a cover version in India? Yes — either the Section 31C statutory licence (subject to its conditions) or a negotiated general licence from the sound-recording owner.
When can I make a cover version under Section 31C? Not until five years from the end of the year the original recording was made; to cover earlier, you need a general licence.
Is a remix legal without permission? No — a remix is an adaptation of the original recording and needs a licence from its owner; there’s no remix-specific statutory licence.
What if I make a cover without consent? It’s copyright infringement, and the owner may additionally sue for infringement of moral rights if the work is distorted or modified.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India