Copyright is recognised as the rights granted to the creator of the work when it is produced in public, protecting the expression of an idea, not the idea itself. This right is granted automatically at the moment when the work is created; copyright registration is not a necessary condition for protection, but it is useful in establishing strong documentary evidence of the ownership. In India, the act governing copyright laws is the Copyright Act, 1957.

Categories of Works Protected

Section 13 of the Copyright Act, 1957, defines the works which are copyrightable in nature, and that includes the following mentioned under the table:

The registration of Copyrights is done and maintained by the Copyright Office, and further, it is divided into six categories. The tenure of protection of the works is also as follows:

1. Literary, Dramatic, Musical, and Artistic Works: Life of the author + 60 years.
2. Cinematograph films, Sound Recordings, Photographs, Anonymous works, Works of Government/ International Organisations: 60 years from the year of publication
3. Broadcast Reproduction Right: 25 years from the broadcast.
4. Performer’s Right: 50 years from the performance.

Eligibility for Registration

To be eligible for copyright protection, the work must be original, i.e., it must originate from the author and involve a minimal degree of skill, judgement and labour. The work must be fixed in some tangible form, as copyright doesn’t merely protect ideas, methods, procedures or facts. For works with foreign involvement, protection is extended as per the International Copyright Order,1999, and India’s membership of the Berne Convention. Universal Copyright Convention and TRIPS Agreement.

For the application of copyright registration, the author/creater of the work, the owner of the copyright, a publisher, any assignee or legal representative can apply for it. An authorised agent or advocate can also apply on the applicant’s behalf.

Documents Required

The core application is made in Form XIV under Rule 70 of the Copyright Rules, 2017, and includes the following documents:

1. Statement of Particulars: It includes the details of the work, the language, and the class or category.
2. Statement of Further Particulars: It varies by the categories of work, e.g., for software, an extract of source code; for artistic works used as a trademark/ on goods, a search certificate from the Trade Marks Registry.
3. Copies of the Work:

• Published work: 2 copies of the best edition
• Unpublished work: a copy affixed with the applicant’s signature (often filed along with the published version once available)
• Software: first 10 and last 10 pages of source code (or the complete code if under 20 pages), sometimes with confidential portions blocked out

4. Identity/Address proof of the applicant (Aadhar, PAN, Passport, etc.)
5. No-Objection Certificate (NOC):

• From the publisher, if the applicant is not the publisher
• From the author, if the applicant is not the author (e.g., an assignee/company)
• From other co-owners/co-authors, if any

6. Power of Attorney/ Vakalatnama, if filed through the advocate and signed by the applicant
7. Search certificate from the Trade Mark Registry (Form TM-60), specifically where an artistic work is or is proposed to be used as a trademark on goods
8. NOC from the Registar/ Head of the Concerned Government Department, if the work has been created by/ for a government body
9. Prescribed Fee under Second Schedule to the Copyright Rules, 2013, varies by the category of the work

Registration Procedure- Step by Step

1. Filing the Application: Online through the Copyright Office portal (copyright.gov.in); filing can also be done by post or in person, though online is the standard route. On submission, a Diary Number is generated with the date and time of filing.
2. Mandatory Waiting Period: A statutory 30-day waiting period follows filing, during which any person can file an objection to the registration.
3. Examination: If no objection is filed, the application moves to the scrutiny stage after 30 days, where an Examiner checks the application and accompanying documents for discrepancies. If discrepancies are found, the applicant receives a discrepancy letter and is allowed (usually 30 days) to respond/rectify. If an objection is filed: both parties are given a hearing (Section 45 read with Rule 70).

4. Registrar’s Decision: On being satisfied that the applicant is entitled and the work is registrable, the Registrar of Copyrights enters particulars in the Register of Copyrights.
5. Issuance of Certificate of Registration: The Registrar issues a certificate under the seal of the Copyright Office, extracted from the Register. In practice, the entire process takes a few months.

Objections to Registration

Any person may file an objection within 30 days of the entry of particulars in the register under Section 45 and Rule 70 of the Copyright Rules, 2013, on the grounds such as:

1. The applicant is not the true author/owner
2. The work is not original or is substantially similar/identical to a pre-existing registered/published work
3. The work infringes an existing copyright
4. On receipt of an objection, the Registrar issues notice to both parties and conducts a hearing before deciding whether to proceed with, modify, or refuse the registration.
5. The appeal to the Registrar’s Office lies to the Commercial Court or High Court exercising commercial jurisdiction, following the abolition of the Intellectual Property Appellate Board (IPAB) in 2021 and the transfer of its function to the courts as per the Tribunal Reforms Act, 2021.
6. The Registrar has power under Section 50 to rectify the register; to expunge an entry made without sufficient cause, or one that wrongly remains in the Register, or to correct errors/omissions.

Certificate of Registration

The certificate is issued once the Registrar is satisfied and no unresolved objection remains. It is the Registration Number, Title and category of the work, name and address of the applicant/author/owner, date of publication and registration. It serves as prima facie proof of the facts stated in it, and a certificate of it can be obtained subsequently if required for litigation, licensing or formal use. The loss of the certificate has no implications on the underlying copyright, since the register itself remains a primary record.

Infringement and Remedies

Section 51 of the Copyright Act, 1957, defines infringement broadly as when a person without any license from the owner:

1. Does any act which only the copyright owner is permitted to do, like reproduction, issuing copies, public performance, adaptation, translation, communication to the public, etc.
2. Import infringing copies into the Indian domain.
3. Makes/Sells/Distrubutes/Hires infringing copies for trade practices.

Exceptions

Section 52 lists certain acts excluded from infringement, including fair deals for private use, research, criticism, review, reporting of current events, judicial proceedings, and educational instruction and many other acts mentioned under it.

Civil Remedies (Sections 54-62 and Order XXXIX CPC)

1. Injunctions: can be granted in interim or permanent form, including John Doe/ Ashok Kumar orders.
2. Damages: mostly compensatory in nature, and in some cases exemplary or punitive damages are awarded.
3. Account of Profits: it orders the surrender of the profit made through infringement.
4. Delivery up/ seizure and destruction of infringing copies and the means used to make them.
5. Anton Piller’s Orders act as search and seizure orders to preserve evidence before it can be destroyed.
6. Suits are ordinarily filed before a District Court/Commercial Court having jurisdiction where the plaintiff resides/carries on business.

Criminal Remedies (Sections 63-70)

1. Infringement is a cognizable and non-bailable offence.
2. First Conviction: Imprisonment for a minimum of 6 months, extendable up to 3 years and a fine of ₹50000 to ₹200000.
3. Enhanced Punishment for Subsequent Convictions
4. Separate provisions that penalise abetment, possession of plates for making infringing copies, and circumvention of technological protection measures/right management information.
5. Police may, without a warrant, seize the infringing copies where satisfied an offence has been or being committed.

Key Case Laws