Copyright is the exclusive legal right granted to the creator of an original work to reproduce, publish, adapt and communicate that work to the public. In India it is governed by the Copyright Act, 1957 and the Copyright Rules, 2013, administered by the Copyright Office under the Department for Promotion of Industry and Internal Trade (DPIIT). Protection is automatic the moment a work is fixed in a tangible form, so you do not need to register to own copyright, though registration gives you far stronger proof in a dispute.
What copyright protects
The Act protects original expression, not ideas, facts or methods. Registrable categories of work include:
- Literary works, including books, articles, computer software and databases
- Dramatic works such as plays and screenplays
- Musical works (the composition and notation, separate from any sound recording)
- Artistic works like paintings, sculptures, photographs, logos and drawings
- Cinematograph films
- Sound recordings
A single product often carries several copyrights at once. A film, for example, has separate rights in its script, music, lyrics and the recording itself, frequently owned by different people.
Rights of the copyright owner
The owner enjoys economic rights and moral rights. Economic rights (Section 14) let the owner reproduce the work, issue copies, perform or display it publicly, make translations or adaptations, and communicate it to the public. These can be licensed or assigned for money. Moral rights (Section 57) stay with the author even after the economic rights are sold. They include the right to be credited as author and the right to object to distortion or mutilation that harms the author's reputation.
How long protection lasts
| Type of work | Term of protection |
|---|---|
| Literary, dramatic, musical, artistic works (incl. photographs) | Author's lifetime + 60 years |
| Cinematograph films | 60 years from publication |
| Sound recordings | 60 years from publication |
| Broadcast reproduction right | 25 years from the broadcast |
The 60-year period is counted from the beginning of the calendar year after the author's death or the work's publication. Once the term expires the work enters the public domain.
Registering your copyright
Registration is voluntary but recommended, especially for software and creative businesses. You file Form XIV online through the Copyright Office portal with a copy of the work and the statutory fee, paying per work: ₹500 for a literary, dramatic, musical or artistic work, ₹2,000 for a sound recording, and ₹5,000 for a cinematograph film. After filing there is a mandatory 30-day waiting period for objections; if none arise and the examiner finds no discrepancy, the certificate is issued. Realistically the process takes several months, and longer if objections are raised.
Infringement, fair dealing and enforcement
Unauthorised copying or use is infringement. Owners can pursue civil remedies under Section 55, including injunctions, damages and accounts of profits, and criminal action under Section 63, which carries imprisonment of six months to three years and a fine of ₹50,000 to ₹2,00,000. India follows a fair dealing model under Section 52, which permits limited use for private study, research, criticism, review and news reporting. Note this is narrower than the American concept of "fair use".
Common mistakes to avoid
- Assuming a paid freelancer or agency owns nothing. Without a written assignment, the creator usually retains copyright even after you pay them.
- Treating a registered trademark or company name as copyright. They are separate rights.
- Using online images, fonts or music without checking the licence, on the belief that anything public is free to reuse.
- Ignoring employee vs contractor rules. Works made by an employee in the course of employment usually vest in the employer; contractor works often do not.