- Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings (section 13); software is a literary work.
- The author is the first owner, except for works created under a contract of service, where the employer is the first owner absent agreement to the contrary (section 17).
- An assignment must be in writing and signed (section 19); if the term is not stated it is five years, and if the territory is not stated it is India.
- Registration is optional but useful: the Register is prima facie evidence of the particulars in it (section 48), and registration supports enforcement.
What copyright protects — and what it does not
Protected
- Books, articles, software code and databases (as literary works)
- Drawings, logos as artistic works, photographs, architecture
- Films, music, sound recordings, broadcasts
- The particular expression of an idea
Not protected by copyright
- Ideas, methods, procedures and concepts as such
- Names, titles and short phrases (consider trademark law)
- Facts and bare data without original selection or arrangement
- Inventions and functional features (consider patents or designs)
Who owns the work
| Situation | First owner | Note |
|---|---|---|
| Author creates independently | Author | The default rule |
| Employee creates in the course of employment under a contract of service | Employer | In the absence of an agreement to the contrary |
| Contractor or freelancer creates under a contract for services | Contractor, unless assigned | Commissioning does not itself transfer copyright; assign in writing |
| Work of joint authors | Authors jointly | Unless otherwise agreed; each can exploit subject to accounting |
| Government work | Government | Unless otherwise agreed |
Assignments and licences
- In writing, signed (section 19). The assignment must identify the work, the rights, the duration, the territorial extent and the royalty.
- Default term and territory. If the term is not stated, it is deemed five years; if the territory is not stated, it is presumed to extend within India.
- Lapse for non-exercise. Unless otherwise specified, rights lapse if the assignee does not exercise them within one year (section 19(4)).
- Future works. An assignment of future works takes effect only when the work comes into existence (section 18).
- Author’s royalty. The 2012 amendment protects authors’ share of royalties for certain works assigned in films and sound recordings.
Term and moral rights
| Work | Term |
|---|---|
| Literary, dramatic, musical, artistic works | Lifetime of the author plus 60 years from the year following death (section 22) |
| Cinematograph films, sound recordings | 60 years from the beginning of the calendar year following publication (sections 26, 27) |
| Anonymous and pseudonymous works | 60 years from publication (section 23) |
| Moral rights — paternity and integrity | Author may claim authorship and restrain distortion even after assignment (section 57) |
Registration — what it does
Registering a work
- 01
Application
File Form XIV with the Copyright Office, with the prescribed fee and a copy of the work; a separate application for each work.
- 02
Diary number
An acknowledgement number is issued; notice is sent to any claimant of conflicting rights.
- 03
Waiting period
A period of thirty days is allowed for objections.
- 04
Scrutiny
The Registrar examines the application; discrepancies are raised and answered.
- 05
Entry
On satisfaction, the work is entered in the Register and a certificate is issued.
A certificate of registration is not required to sue for infringement, but the entry is prima facie evidence of the particulars and ownership, and criminal complaints and customs recordals are easier with one. Software, databases and design artwork are commonly registered for this reason.
Infringement, exceptions and remedies
Infringement is the doing without licence of an act reserved to the owner under section 14 — reproduction, issuing copies to the public, communication, adaptation and so on (section 51). Section 52 lists the exceptions, including fair dealing for private use, research, criticism or review, and reporting of current events, and specific educational and software-related exceptions. Civil remedies — injunction, damages, accounts of profits and delivery up — are under section 55; criminal liability under section 63 carries imprisonment from six months to three years and a fine. A copyright claim over a design applied more than fifty times by an industrial process is limited by section 15 of the Act and the Designs Act, 2000.
Copyright housekeeping for a business
- Written assignments from every freelancer, agency and contractor that creates content or code
- Employment contracts that state ownership of work created in the course of employment
- Licence register for third-party content, fonts, images and open-source components
- Registration of core software, key artwork and original databases
- Notice and takedown process for third-party uploads, with evidence preservation
Frequently asked
Is my logo protected by copyright or trademark?
Both can apply to the same logo — copyright in the artwork as an artistic work, and trademark in its use as a badge of origin in trade. They are distinct rights: registering one does not create the other, and a designer’s assignment of the artwork should be paired with trademark clearance.
Do I need to register copyright to sue?
No. Copyright exists on creation. But proving ownership and date of creation is easier with a certificate, and some remedies — such as criminal complaints and customs notices — are practically harder without one.
Who owns software written by an employee?
The employer, as first owner, if the program was written in the course of employment under a contract of service, unless the contract provides otherwise. Software written by a contractor needs a written assignment.
Is copyright protection international?
India is a party to the Berne Convention, so works of authors from other member countries get national treatment in India, and Indian works are protected in member countries under their own law, without registration.
The Copyright Act, Rules and Copyright Office practice are amended from time to time, and the law on software, AI-generated content and platforms is developing. Confirm the current text and case law. Not a substitute for advice from an advocate or chartered accountant on your facts.