Copyright is the exclusive right of the creator of an original work to control how it is used. Under Section 14 of the Copyright Act, 1957, copyright means the exclusive right to do, or authorise others to do, certain acts in relation to a work, such as reproducing it, issuing copies of it to the public, performing it in public, communicating it to the public, and making adaptations or translations of it. Copyright aims at providing protection to authors (writers, artists, music composers, and so on) on their creations, which are usually called “works”.
Indian copyright law is aligned with the international standards contained in TRIPS. The Copyright Act, 1957 reflects the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyright Convention. India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). For a detailed treatment of Indian law, see Indian copyright law.
What is Covered Under Copyright Law?
Works covered by Copyright include, but are not limited to, literary works such as novels, poems and plays, reference works such as encyclopedias and dictionaries, databases, newspaper articles, films and TV programs, musical compositions, choreography, artistic works such as paintings, drawings, photographs and sculptures, architecture, and advertisements, maps and technical drawings. Copyright also protects computer programs. Copyright does not, however, extend to ideas, but only to the expression of thoughts.
For example, the idea of taking a picture of a sunset is not protected by copyright. Therefore, anyone is free to take such a picture. But a particular picture of a sunset taken by a photographer is protected by copyright. In such a case, if someone else makes copies of the photograph, and starts selling them without the consent of the photographer, that person would be violating the photographer’s rights.
Protection For Copyright
Copyright protection is obtained automatically without any need for registration or other formalities. A work enjoys protection by copyright as soon as it is created. However, many countries provide for a national system of optional registration and deposit of works. These systems facilitate, for example, questions involving disputes over ownership or creation, financing transactions, sales, assignments and transfers of rights.
How Long Does Copyright Protection Last?
Under the Copyright Act, 1957, the term of protection depends on the type of work. For original literary, dramatic, musical, and artistic works, copyright lasts for the lifetime of the author plus 60 years, counted from the beginning of the calendar year following the year in which the author dies. Since the 2012 amendment, photographs are treated in the same way, with a term of the photographer’s lifetime plus 60 years.
For cinematograph films, sound recordings, posthumous publications, anonymous or pseudonymous works, and works owned by the government or international organisations, the 60-year period is instead counted from the date of publication rather than from the death of an individual author.
What Rights Does Copyright Provide?
There are two types of rights under copyright:
- Economic rights, which allow the owner to derive financial reward from the use and exploitation of the work, and
- Moral rights, which highlight the personal link existing between the author and the work.
Under economic rights, the creators of a work are free to use their work as they see fit. They also authorise or prohibit acts such as:
- Reproducing the work, including storing it in electronic form
- Issuing copies of the work to the public
- Performing the work in public, or communicating it to the public, for example by broadcasting
- Making a film or sound recording of the work
- Making translations or adaptations of the work
Moral rights Under Copyright
Moral rights arise automatically and do not depend on copyright registration. Section 57 of the Copyright Act gives the author the right to claim authorship of the work, that is, the right of the creator to have his or her name mentioned as the author, in particular when the work is used. The author also has the right to the integrity of the work, that is, the right to object to the work being distorted, mutilated or modified, or being used in contexts that harm the reputation or honour of the author. These rights continue even after the economic rights are assigned.
Economic Rights Exploited
Many creative works protected by copyright require financial investment and professional skills for their production and further dissemination and mass distribution. Activities such as book publishing, sound recording or film producing are usually undertaken by specialised business organisations or companies, and not directly by the authors. Usually, authors and creators transfer their rights to these companies by way of contractual agreements, in return for compensation. The compensation takes different forms, such as lump-sum payments, or royalties based on a percentage of revenues generated by the work.
An assignment of copyright must be in writing, and if it does not state a period it is treated as lasting five years, and if it does not state a territory it is presumed to be India (Section 19). See contractual agreement for what a valid written agreement needs.
What is copyright registration?
Copyright exists automatically with an original work, but a copyright owner takes steps to strengthen the protection. One of the main steps is copyright registration. Registration is not needed to sue for infringement, but it creates a public record of the claim and helps in proving ownership. Under Section 48, an entry in the Register of Copyrights is prima facie evidence of the particulars it records.
To register a work, an applicant files Form XIV with the Copyright Office in New Delhi, along with the prescribed fee and copies of the work. Separate applications are generally required for each distinct work. Once filed, the Copyright Office issues a Diary Number, and the application enters a mandatory 30-day waiting period during which third parties are able to raise objections. If no objections are received, the application proceeds to examination, and the Registrar issues a Certificate of Registration once satisfied that the requirements have been met. Where there is no objection, the process typically takes a few months, and it takes longer if objections are raised. See copyright registration in India explained.
Fair Dealing: Exceptions to Copyright Infringement
Copyright is not an unlimited right. Section 52 of the Copyright Act, 1957, sets out a list of acts that do not amount to infringement, commonly referred to as fair dealing exceptions. These exist to ensure that copyright protection does not unreasonably restrict activities that serve a broader public interest, such as education, research, criticism, review, and news reporting.
The Act does not define fair dealing, and whether a particular use qualifies is assessed based on factors such as the purpose of the use, the amount of the work used, and whether the use affects the market for the original work. Common examples include quoting a limited excerpt of a book for review purposes, using material for classroom teaching, or reporting on current events.
Key Amendments to the Copyright Act, 1957
The Copyright Act, 1957, has been amended several times, in 1983, 1984, 1992, 1994, 1999 and 2012, to keep pace with new technology and India’s international commitments. Three amendments are most often highlighted:
- The 1994 amendment is commonly cited as the one that brought computer programs squarely within the protected works, reflecting the rise of the software industry.
- The 1999 amendment aligned the Act with the TRIPS Agreement, for example by replacing the word “hire” with “commercial rental” in the rights over computer programs, films and sound recordings.
- The 2012 amendment is considered the most significant modern update. It aligned Indian law with the WIPO Internet Treaties, extended the term for photographs to the photographer’s lifetime plus 60 years, strengthened the royalty entitlements of authors of literary and musical works used in films and sound recordings, and introduced accessibility provisions allowing accessible formats such as Braille and audio books to be created for persons with disabilities without infringing copyright.
Judicial Decisions: Where to Sue for Copyright Infringement
Section 62 of the Copyright Act lets the owner of a copyright sue in the district court where the owner resides, carries on business or personally works for gain, and not only where the defendant is located. Two Delhi High Court decisions illustrate this. The Supreme Court has since clarified the scope of Section 62(2) in Indian Performing Rights Society Ltd. v. Sanjay Dalia (2015).
In Caterpillar Inc v Kailash Nichani the plaintiff, a foreign company, was carrying on business in several places in India including Delhi, through its Indian distributors and collaborators. The plaintiff claimed the relief of ad-interim injunction for preventing infringement of its copyright by the defendant, though the defendant was dealing in different goods. The Delhi High Court held that it was not necessary to show that the business being carried on by the plaintiff in Delhi should necessarily be in respect of footwear and articles of clothing as well. It is sufficient if the business was being carried on by the plaintiff in Delhi and further that there was an infringement of plaintiff’s copyright in respect of certain goods, which were being sold by the defendant in Delhi.
The court further held that section 62 of the Copyright Act makes an obvious and significant departure from the norm that the choice of jurisdiction should primarily be governed by the convenience of the defendant. The legislature in its wisdom introduced this provision laying down absolutely opposite norm than the one set out in section 20 CPC. The purpose is to expose the transgressor with inconvenience rather than compelling the sufferer to chase after the former.
In Lachhman Das Behari Lal v Padam Trading Co the Delhi High Court observed that the plaintiff being a firm functioning at Delhi, the suit filed by it in the Delhi courts is maintainable and is not liable to be rejected under Order 7 Rule 11 of the CPC as prayed.
The Court further observed that the plea regarding want of territorial jurisdiction is not covered by Order 7 Rule 11 of CPC. The court observed that even if it is held that this court has not the territorial jurisdiction, the plaint cannot be rejected. At the most, it is returned for presentation to the proper court.
Many authors do not have the ability or the means to manage their rights themselves. They often resort to collective management organisations or societies, which in India are registered as copyright societies under Section 33 of the Act, such as the Indian Performing Right Society (IPRS). These societies provide their members the benefits of the organisation’s administrative and legal expertise and efficiency in collecting, managing and disbursing royalties. These royalties are obtained from the national and international use of a member’s work on a large scale, by, for example, broadcasting organisations, discotheques, restaurants, libraries, universities and schools.
Copyright contributes to human creativity by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorised copying or piracy. This, in turn, helps increase access to the works and enhances the enjoyment of culture, knowledge, and entertainment all over the world.
How Legistify Helps Manage Copyright Assignments and Licences
Because rights are transferred through written agreements, copyright needs the same contract discipline as any other asset. Legistify is an AI-native legal operations platform for enterprises, and its contract lifecycle management tools help legal teams manage assignments and licences.
- Standard clauses: Legistify AI CLM works as a Microsoft Word add-in with a clause library and playbooks, so term, territory, royalty and moral rights clauses follow your standard positions.
- Every agreement in one place: Executed agreements are stored in a central repository with AI-powered clause extraction and search.
- Deadlines: A dashboard shows each contract at every stage, and the platform monitors key milestones and deadlines, such as licence expiry and renewal dates.
- Signing: The e-signature module supports Aadhaar integration and keeps a secure audit trail of signature activity.
Explore Legistify’s contract management software and its IP portfolio management suite. See also how IP management software helps secure a business.
Frequently Asked Questions (FAQs)
What is copyright?
Copyright is the exclusive right of the creator of an original work to control how it is used. Under Section 14 of the Copyright Act, 1957, it is the exclusive right to do, or authorise others to do, acts such as reproducing the work, issuing copies to the public, performing it in public, communicating it to the public and making adaptations or translations.
Is copyright registration mandatory in India?
No. Copyright protection arises automatically as soon as an original work is created, without any need for registration. Registration is optional, but it provides useful evidentiary benefits, such as serving as prima facie evidence of ownership in court, which can make enforcement easier if a dispute arises.
How long does copyright last in India?
For literary, dramatic, musical, and artistic works, and for photographs since the 2012 amendment, copyright lasts for the lifetime of the author plus 60 years, counted from the year following the author’s death. For films, sound recordings, and works published anonymously or by the government, the 60-year term is counted from the date of publication instead.
What is the difference between copyright and a patent or trademark?
Copyright protects original creative expression, such as literary, artistic, musical, and cinematographic works. A patent protects new inventions and technical processes, while a trademark protects brand identifiers such as names, logos, and slogans. Each right is governed by a separate law in India and requires a different form of protection.
Can I use copyrighted material without permission?
In limited circumstances, yes. Section 52 of the Copyright Act, 1957, allows certain uses without the owner’s permission under the fair dealing exception, such as quoting a limited excerpt for review, criticism, teaching, or news reporting. Whether a specific use qualifies depends on factors like the purpose and amount of the work used.
How do I register a copyright in India?
An applicant files Form XIV with the Copyright Office along with the prescribed fee and a copy of the work. The Copyright Office issues a Diary Number, and a mandatory 30-day waiting period allows others to object. If no objections are raised, the application is examined and a registration certificate is issued. Where there is no objection, the process typically takes a few months.
Does copyright protect ideas?
No. Copyright protects the specific expression of an idea, not the underlying idea itself. For example, the idea of photographing a sunset is not protected, but a specific photograph taken by a photographer is protected, and copying that exact photograph without permission would infringe the photographer’s rights.
Who owns the copyright in a work in India?
The author is generally the first owner of the copyright. There are exceptions in Section 17 of the Copyright Act, 1957, for example where a work is made in the course of employment under a contract of service, in which case the employer is the first owner unless there is an agreement to the contrary. Ownership is transferred by a written assignment under Section 19.
