Copyright protects original creative works, giving the creator exclusive rights to reproduce, publish, adapt, translate and commercially exploit them. In India, copyright is governed by the Copyright Act, 1957. Protection exists automatically once a work is created, but registration with the Copyright Office provides strong legal evidence of ownership in case of a dispute.
Works That Can Be Protected
- Literary works – books, articles, computer software, databases and compilations
- Dramatic works – plays, screenplays and choreography
- Musical works – compositions and notations
- Artistic works – paintings, drawings, logos, photographs, sculptures and architecture
- Cinematograph films – films, videos and audiovisual works
- Sound recordings – recordings of music, speech or other sounds
Benefits of Registration
- Public record and prima facie evidence of ownership in court
- Easier enforcement against infringement and piracy
- Easier licensing, assignment and commercialisation
- Supports protection in other countries under international conventions
Who Can Apply
- The author or creator of the work
- The owner of the copyright, such as an employer for works created in the course of employment
- An assignee or licensee who has acquired the rights
- An authorised agent on behalf of any of these
Documents Required
- Copies of the work (or source code extracts for software)
- Applicant's name, address and nationality
- Details of the author, if different from the applicant
- NOC from the author or publisher, where applicable
- Power of attorney authorising the agent
- For artistic works used as trademarks, a search certificate from the Trade Marks Registry
Registration Process
- File the application online with the Copyright Office with the work and fee
- A diary number is issued
- A 30-day waiting period follows for objections
- The application is examined; discrepancies or objections are communicated
- After replies and hearings where required, the work is entered in the Register of Copyrights and the certificate is issued
Duration of Copyright
- Literary, dramatic, musical and artistic works: the lifetime of the author plus 60 years
- Cinematograph films, sound recordings, photographs, and anonymous or pseudonymous works: 60 years from publication
Frequently Asked Questions
What rights does a copyright owner have?
The right to reproduce, publish, perform, communicate to the public, adapt and translate the work, and to license or assign these rights.
Can copyright be jointly owned?
Yes. Works created jointly by two or more authors are owned jointly, and each co-owner's rights are governed by the law and any agreement between them.
How is copyright validly transferred?
An assignment or licence must be in writing and should specify the rights, duration, territory and royalty.
Can a copyrighted work be used without a licence?
Limited uses such as private research, criticism, review and news reporting are allowed under the fair dealing provisions of the Copyright Act.