Copyright in India arises automatically the moment a work is created. You do not need to register it to own it.
So why register? Because an entry in the Register of Copyrights is prima facie evidence of the particulars entered. Once certified by the Registrar and sealed with the seal of the Copyright Office, it is admissible in court. When you need to prove you own something, having that certificate is a great deal easier than assembling evidence of creation years after the fact.
That is the whole case for registration, and it is a strong one.
What can be registered
Section 13 of the Copyright Act, 1957 covers:
- Original literary works
- Original dramatic works
- Original musical works
- Original artistic works
- Cinematograph films
- Sound recordings
Software is protected as a literary work.
What copyright actually gives you
Section 14 sets out what the owner controls. The rights vary by type of work.
Literary, dramatic and musical works: to reproduce the work, prepare derivative works, distribute copies or communicate the work to the public, perform it publicly, display it publicly, translate or adapt it, and make a cinematograph film or sound recording of it.
Computer programs: all of the above, plus the right to sell or rent the program.
Cinematograph films and sound recordings: to make copies, communicate the work to the public, and sell or rent it.
Artistic works: to reproduce the work, communicate it or issue copies to the public, make adaptations, and include it in a cinematograph work.
Copyright is a bundle of rights, which is why it can be assigned or licensed in parts rather than only as a whole.
How to apply
Under Section 45 read with Rule 70, an application can be made through the online e-filing portal or physically at the Copyright Office in New Delhi.
Separate applications are required for each class of work.
The procedure:
- Form XIV, which includes the Statement of Particulars and the Statement of Further Particulars.
- Where the author has assigned the work to the applicant, a copy of the assignment deed and a no-objection certificate from the author.
- The prescribed fee for each application.
- Applications must be signed by the applicant in original, with physical executed copies sent to the Copyright Office.
- Where filed through an authorised agent such as an advocate, the original Power of Attorney, signed by the party and accepted by the agent, must be enclosed.
Once granted and entered in the Register of Copyrights, the particulars become prima facie evidence and are admissible in court on certification.
Term of protection
Sections 22 to 29 set the term, which varies by type of work.
| Type of work | Term |
|---|---|
| Original published literary, dramatic, musical and artistic works | Life of the author plus 60 years from the beginning of the calendar year following the author’s death |
| Cinematograph films | 60 years from the beginning of the calendar year following publication |
| Sound recordings | 60 years from the beginning of the calendar year following publication |
| Pseudonymous and anonymous works | 60 years from the beginning of the calendar year following publication |
| Government works | 60 years from the beginning of the calendar year following publication |
Copyright is not perpetual and cannot be renewed or restored, unlike a trademark registration. Once the term expires, the work falls into the public domain.
International protection
India is a signatory to the Berne Convention, the Universal Copyright Convention, TRIPS and the Rome Convention, and recognises copyrighted works from Convention countries.
In practice this means a work protected in another Convention country is protected in India without separate registration. Registration in India remains useful for evidentiary reasons where you expect to enforce here.
Where appeals go
Appeals against decisions of the Registrar of Copyrights now lie to the High Court.
The Copyright Board and subsequently the Appellate Board were abolished by the Tribunals Reforms Act, 2021. Section 72 was substituted so that appeals against an order of the Registrar of Copyrights go before a single judge of the High Court, with a further appeal to a Division Bench. Rectification of the Register of Copyrights was likewise transferred to the High Court.
Matters that the Copyright Board once handled, including compulsory licences, assignment disputes and royalty determinations, are now before Commercial Courts and High Courts. The Delhi High Court’s Intellectual Property Division is the most developed forum.
If you are reading older material on Indian copyright practice, this is the point on which it will be out of date.
Frequently asked questions
Do I have to register copyright in India? No. Copyright subsists automatically on creation. Registration gives you prima facie evidence of ownership, which is what makes enforcement practical.
How long does registration take? It varies with the Copyright Office’s workload and whether objections are raised. It is not a fast process, which is a reason to apply before you need the certificate rather than after a dispute starts.
Can I register a work that is already published? Yes. The Statement of Particulars asks for publication details, and the term for published works runs from publication or from the author’s death depending on the type of work.
Can I register software? Yes, as a literary work. The application requires source code extracts, and there are established conventions on how much to file and what can be redacted.
Does registration in India protect me abroad? Protection abroad flows from the Berne Convention and related treaties rather than from Indian registration. Indian registration is evidence for Indian proceedings.
Can copyright be renewed? No. Unlike trademarks, copyright runs for a fixed term and cannot be renewed or restored.
Useful official resources
- Copyright Office, India — forms, fees and e-filing
- Copyright Act, 1957 — Sections 13, 14, 22 to 29, 45
- WIPO Berne Convention
Need works registered ahead of a transaction or an enforcement action? Talk to us.