Copyright Protection for Creators and Businesses in India
What does copyright protect in India?
Copyright in India, governed by the Copyright Act 1957, protects original literary, dramatic, musical and artistic works, as well as cinematograph films and sound recordings. This includes books, articles, software code, lyrics, music, paintings, photographs, films and similar works.
Importantly, copyright protects the expression of an idea, not the idea itself. Two people may independently express the same idea, and each expression can be protected.
Is registration necessary for copyright?
No. Copyright arises automatically the moment an original work is created and fixed in a tangible form; registration is not a precondition to protection. However, registration with the Copyright Office provides useful evidence of authorship and ownership, which can be valuable in an infringement dispute.
Registration broadly involves filing an application with the prescribed particulars and a copy of the work, after which, subject to any objections, the work is entered in the Register of Copyrights.
Who owns the copyright?
As a general rule, the author of a work is the first owner of copyright, but there are important exceptions:
- For a work made by an employee in the course of employment, the employer is generally the first owner, subject to any agreement;
- For commissioned works such as photographs, paintings or portraits made for valuable consideration, the person commissioning the work may be the first owner in defined circumstances;
- Ownership can be assigned or licensed by written agreement.
Businesses that rely on freelancers or contractors should obtain a written assignment of copyright, since the creator is otherwise often the owner.
How long does copyright last?
The term of protection depends on the type of work. For literary, dramatic, musical and artistic works, copyright generally subsists for the lifetime of the author plus sixty years counted from the year following the author's death. Different terms apply to films, sound recordings and certain other works. Once the term expires, the work enters the public domain.
How is copyright enforced, and what are fair-use limits?
The owner can take both civil and criminal action against infringement. Civil remedies include injunctions, damages and an account of profits; the Act also provides for criminal liability in cases of infringement. These actions are pursued before the civil courts, including the commercial divisions of the High Court of Madras where applicable.
The Act also recognises certain exceptions — broadly described as "fair dealing" — which permit limited use of a work for purposes such as private study, research, criticism, review and reporting, without amounting to infringement. The scope of these exceptions is specific, and use beyond them requires permission or a licence.
Frequently Asked Questions