Introduction to Copyright Registration in India

Copyright registration is a key legal step that gives creators exclusive rights over their original work. It allows control over reproduction, distribution, public display, and adaptation. Copyright applies to a variety of works, including literary, artistic, musical, dramatic works, sound recordings, films, computer programs, and software.

What is Copyright?

Copyright is a legal right that protects original works like books, films, music, paintings, software, and sound recordings. It gives creators exclusive control over how their work is used and shared.

While copyright protects the expression of ideas, it doesn’t cover the ideas, facts, or systems themselves—only how they are uniquely presented.

Importance of Copyright Registration

Copyright registration safeguards the expression of ideas, not the ideas or facts themselves. It protects how content is uniquely presented, not general systems or methods.

To register a copyright, creators (or authorized agents) must submit Form XIV, a Statement of Particulars, and if applicable, a Power of Attorney. Additional documents like the creator’s nationality and copies of the work (e.g., source code for software) are required.

Once the fee is paid, the application enters the official process. Registration is important for both published and unpublished works, creating a legal proof of ownership. It also allows creators to claim statutory damages in case of copyright infringement. In court, a registered copyright acts as prima facie evidence, streamlining legal enforcement.

India’s copyright law aligns with global treaties like the Berne Convention, ensuring international recognition. Copyright lasts for the creator’s lifetime plus 60 years.

Applications can be filed online or offline, each having a specific process and timeline. The online portal simplifies submissions, while the offline mode requires physical paperwork.

For complex ownership or commercial works (like films), copyright registration boosts brand protection and revenue security. Rule 70 of the Copyright Rules outlines procedural steps for both published and unpublished works.

Sperso Filings offers expert support—from documentation to response handling during objections. Our legal team ensures your application is accurate and swiftly processed. If infringement arises, we assist in legal action, helping you protect your rights globally.

Overview of the Copyright Registration Process in India

• Application Submission: Fill out Form IV along with a Statement of Particulars and Statement of Further Particulars specific to the category of the work.
• Fee Payment: Pay the prescribed fee based on the work type (literary, software, artistic, etc.).
• Issuance of Dairy Number: Upon submission, a Diary Number is issued, acting as an official receipt of the application.
• Handling Objections: If objections arise within 30 days of diary number issuance, the applicant is notified and must respond. If no objections, the application proceeds.
• Certificate Issuance: After examination, the Copyright Office issues a registration certificate confirming legal ownership and protection rights.

Understanding Copyright Registration

Copyright safeguards the expression of ideas in a tangible medium—not the ideas themselves. Registration grants legal proof of ownership, aiding enforcement in case of infringement.

What Works Are Eligible for Copyright?

• Literary Works: Books, poems, articles, stories.
• Artistic Works: Paintings, drawings, photography, illustrations.
• Dramatic Works: Scripts, plays, performances.
• Musical Compositions: Songs, notations, arrangements.
• Sound Recordings: Audio tracks, audiobooks, voice recordings.
• Cinematograph Films: Movies, animations, video content.
• Software/Computer Programs: Source code, applications.
• Architectural Works: Blueprints, building designs.
• Choreographic Works: Dance routines, performance sequences.
• Advertisements and Technical Drawings: Creative commercial designs.
• Databases and Compilations: Organized data with creative selection.

Copyright Symbol (©)

How to Use It:

Include the following in a copyright notice:

• The © symbol or the word “Copyright”
• Name of the copyright owner
• Year of publication

Example: © Sperso Filings 2025

Why It Matters:

While not mandatory, using the © symbol shows intent to protect the work and can help deter misuse. It’s recognized globally under the Universal Copyright Convention.

Why Register Your Work Under Copyright?

• Legal Protection: Strengthens your rights with formal legal backing.
• Proof of Ownership: Confirms authorship and safeguards your original work.
• Boosts Creativity: Encourages content creation by offering security.
• Exclusive Rights: Lets you control copying, distribution, and adaptation.
• Infringement Support: Enables legal action if someone uses your work without permission.

Types of Copyrights in India

(As per Section 13 of the Copyright Act, 1957)

• Literary Works – Books, articles, blog content, and software source code.
• Dramatic Works – Scripts, dialogues, and screenplays for performance.
• Musical Works – Original melodies and compositions (without lyrics/audio).
• Artistic Works – Drawings, paintings, photography, sculptures, etc.
• Cinematograph Films – Films, web series, animation, and video content.
• Sound Recordings – Music tracks, podcasts, audiobooks, speeches.

Types of Copyright Ownership

Individual Ownership

• One creator holds 100% rights.
• Can license or transfer rights alone.
• No need to share revenue.

Joint Authorship

• Two or more creators contribute.
• Rights shared equally or as per agreement.
• Licensing needs mutual consent.
• Revenue is split accordingly.

Legal Framework for Copyright Registration in India

• The Copyright Act, 1957: Introduced by the Indian government and in effect since 1958. Protects a wide range of creative works.
• Only Expression is Protected, Not Ideas: Copyright protects how an idea is expressed, not the idea itself.
• Copyright Amendment Act, 2012: Aligns Indian copyright law with international standards, including digital rights protection.

Role of the Registrar of Copyrights

The Registrar of Copyrights manages the Copyright Office under the Ministry of Commerce and Industry, Department of Industrial Policy and Promotion.

Key Responsibilities:

• Copyright Registration
• Issuance of Certificates
• Public Assistance
• Record Maintenance

International Copyright Conventions

• Berne Convention: Automatic protection once a work is created or recorded.
• TRIPS Agreement: Grants rights to control rental of digital works.
• WIPO Copyright Treaty (WCT): Enhances digital copyright protection.

Legal Rights of a Copyright Owner (India)

• Reproduction
• Distribution
• Public Performance
• Public Display
• Communication
• Adaptation
• Integrity

Copyright Registration Process in India

Step-by-Step Guide

• Submit Application
• Pay Fee
• Get Diary Number
• Examination
• Handle Objections
• Receive Certificate

Documents Required for Copyright Registration in India

To register a copyright in India, the following documents are essential:

• Copies of the Work: Submit at least two copies (literary, artistic, musical, software, etc.).
• Payment Receipt: Proof of fee payment for the application.
• NOC: No Objection Certificate from the author (if applicable).
• Power of Attorney: If filing is done by an agent or representative.
• Source Code: For software, submit the first and last 10 pages of code.
• Work Details: Title, type, and brief description of the work.
• Applicant Info: Name, address, and contact details of the applicant.
• Author Info: Author’s name, nationality, and other key details.
• Publication Info: If published, mention the date and place of publication.

Issuance of Diary Number in Copyright

The Diary Number is a reference ID issued after the initial copyright application is processed. It helps track the application status.

Steps Involved:

• Application Submission: Form XIV is submitted online via the Copyright Office portal.
• Fee Payment: The applicant pays the applicable registration fee.
• Diary Number Issuance: Once verified, a Diary Number is generated to monitor the application’s progress.

Handling Copyright Objections

During the copyright application process, the Registrar may raise objections. Responding promptly and clearly is vital. Here's how to handle them:

1. Understand the Objection: Read the discrepancy letter carefully to identify the specific issue. Refer to the relevant sections of the Copyright Act for clarity.
2. Prepare a Response: Draft a well-structured reply addressing each point. Support your response with legal references or case laws where necessary.
3. Submit the Reply: File your response along with any required documents and affidavits within 30 days of receiving the notice. Timely submission is crucial.
4. Registrar’s Review: The Registrar will assess your reply. If satisfactory, the objection is removed, and the copyright certificate is issued.

Issuance of the Copyright Certificate

After the application is processed and any objections are resolved, the Copyright Certificate is granted. Here’s how the process flows:

1. Application: The copyright form is submitted with all required details.
2. Examination: The Copyright Office reviews the application for correctness.
3. Dairy Number: A Dairy Number is issued as acknowledgment of the application.
4. Objection Resolution: If objections arise, they are addressed by the applicant.
5. Final Scrutiny: The Registrar conducts a final check before granting the certificate.

Fees

• For Literary, Dramatic, Musical, or Artistic Works, the fee is ₹500 per work.
• For Cinematograph Films, the fee is ₹5,000 per work.
• For Sound Recordings, the fee is ₹2,000 per work.

Note:
– Fees may differ based on the applicant (individual or business).
– Additional charges may apply for legal or professional assistance.

Duration and Validity of Copyright

• For Individual Authors: Valid for the lifetime of the author + 60 years after death.
• For Joint Authorship: Valid for 60 years after the death of the last surviving author.
• This duration applies to literary, dramatic, musical, and artistic works.
• The extended term helps protect the work and benefit legal heirs.

Renewal and Cancellation of Copyright

In India, copyright does not require renewal once granted, as the term is fixed by law. However, under certain circumstances, it can be relinquished or canceled. Here’s an overview:

Relinquishment of Rights

The copyright owner may voluntarily give up or relinquish their rights if they no longer wish to hold them. This requires a formal declaration to the Copyright Office.

Cancellation of Copyright

The Copyright Office can cancel or revoke copyright registration if it is found that the registration was obtained through fraudulent means or if the work does not qualify for copyright.

Rectification of Records

If there are any errors or incorrect entries in the copyright register, the Copyright Office has the authority to rectify these records to ensure accuracy.

These processes allow for the maintenance of accurate copyright records and provide options for copyright holders to manage their rights as per their needs.

Rights Granted by Copyright Registration

• Right of Reproduction – Create copies in physical or digital form.
• Storage Rights – Control over how your work is stored or digitally replicated.
• Right of Publication – Decide when and how the work is published to the public.
• Public Performance Rights – Exclusive right to perform your work publicly (music, drama, etc.).
• Right of Communication – Broadcast or stream your work on TV, radio, or digital platforms.
• Right of Adaptation – Modify or adapt the original work (e.g., make a movie or translation).
• Protection of Reputation – Prevent unauthorized edits that harm your credibility or intent.
• Distribution Rights – Sell, lease, or license your work to others.
• Right for Paternity and Integrity – Get credit for your work and prevent distortion or misuse.

Copyright Infringement and Legal Remedies

What is Copyright Infringement?

When someone uses, copies, or shares copyrighted material without the owner's permission.

Protected Works Include:
– Books, music, films, software, art, and more.

Acts That Constitute Infringement

• Reproducing the Work – Copying it in any format without approval.
• Distributing the Work – Selling or sharing copies unlawfully.
• Performing the Work – Public use (like playing music or staging a play) without rights.
• Public Display – Exhibiting the work in public without consent.
• Creating Derivative Works – Making translations, remakes, or adaptations.
• Unauthorized Licensing – Giving others permission to use the work without owner approval.
• Linking to Infringing Content – Sharing links to pirated or unauthorized copies.
• Allowing Infringement on Property – Hosting infringing acts (e.g., in a hall or theater).
• Importing Pirated Works – Bringing illegal copies into India.

Civil Remedies (Section 55)

• Interlocutory Injunction – Court stops the infringement immediately.
• Pecuniary Remedies – Copyright owner receives monetary compensation.
• Anton Piller Order – Search & seizure of infringing materials.
• Mareva Injunction – Freezes infringer’s assets to prevent hiding/removal.
• Norwich Pharmacal Order – Forces third parties to share infringement details.
• Destruction of Copies – Infringing goods are either destroyed or handed over.

Criminal Remedies

• Imprisonment – Jail term for serious copyright violations.
• Fines – Monetary penalties imposed by the court.
• Seizure of Copies – Police or officials confiscate illegal copies.
• Delivery of Goods – Infringing goods returned to rightful owner.

Jurisdiction for Copyright Infringement (Section 62)

• Cases must be filed in the district court with legal authority over the dispute.
• Ensures that creators can take legal action in a relevant and effective court.

Notable Case: Indian Performing Rights Society Ltd. vs. Sanjay Dalia

Background

• IPRS (Indian Performing Rights Society) sued Sanjay Dalia for unauthorized use of copyrighted music.
• The case dealt with royalty payments and unauthorized public performance of music.

Key Legal Issues

1. Jurisdiction (Section 62, Copyright Act, 1957):
   Can the case be filed in the district of the copyright owner’s registered office?
   Court confirmed: Yes, regardless of where the infringement occurred.
2. Copyright Infringement:
   Dalia used musical works without a license or royalty payments. Violated rights of public performance and communication.

Court's Decision

• IPRS won the case.
• Court reinforced that copyright owners can file suits where their registered office is located.
• Emphasized the importance of royalty payments and respecting licenses.

Significance

• Strengthened jurisdictional flexibility for copyright owners.
• Reinforced compliance with copyright laws, especially in music and public performance.
• Set a precedent for future copyright infringement cases in India.

Copyright Exceptions and Fair Use

Copyright law includes certain exceptions where copyrighted content can be used without permission. These are known as Fair Use or Fair Dealing provisions.

Common Fair Use Exceptions

• Criticism & Commentary: Use of limited content for reviews or opinions is allowed.
• News Reporting: Small excerpts may be used when reporting news that is publicly relevant.
• Teaching & Education: Use in classrooms or educational materials is acceptable when tied to the subject.
• Research & Scholarship: Small portions may be used for academic study or knowledge sharing.

Important Note: Fair use must be limited, non-commercial, and should not affect the original work’s market. Always ensure the use is reasonable and justified.

Copyright Exceptions in India (Fair Dealing)

• Educational Use: Permitted for classroom teaching, assignments, and limited copying for academic purposes.
• Library & Archive Use: Libraries may copy works for preservation or archival use, not for resale.
• Personal Use: Individuals can create backups or copies for private study or reference.
• Parody & Satire: Limited use is allowed for social commentary through humour or critique.
• Judicial Proceedings: Use of copyrighted works is allowed in legal arguments, evidence, or court filings.
• Reporting Current Events: Permissible when content is used to inform the public on newsworthy topics.

🇮🇳 Copyright Exceptions in India (Fair Dealing)

1. Educational Use
   Permitted for classroom teaching, assignments, and limited copying for academic purposes.
2. Library & Archive Use
   Libraries may copy works for preservation or archival use, not for resale.
3. Personal Use
   Individuals can create backups or copies for private study or reference.
4. Parody & Satire
   Limited use is allowed for social commentary through humour or critique.
5. Judicial Proceedings
   Use of copyrighted works is allowed in legal arguments, evidence, or court filings.
6. Reporting Current Events
   Permissible when content is used to inform the public on newsworthy topics.

Difference between Copyright, Patents, Trademarks, and Trade Secrets

Copyright
• Protects: Original creative works (books, songs, films, software).
• Need: Work must be original and fixed in tangible form.
• Duration: Life of author + 60 years (India).
• Rights: Reproduction, adaptation, display, etc.
• Infringement: Copying without permission.
• Registration: Optional but beneficial.
• International: Berne Convention, TRIPS.

Patent
• Protects: New inventions or processes.
• Need: Must be novel, useful, non-obvious.
• Duration: 20 years from filing date.
• Rights: Exclusive making, using, selling.
• Infringement: Unauthorized use or sale.
• Registration: Mandatory, with examination.
• International: Via Patent Cooperation Treaty (PCT).

Trademark
• Protects: Logos, names, symbols of a brand.
• Need: Must be unique and used in commerce.
• Duration: Indefinite (renew every 10 years).
• Rights: Exclusive use, prevent confusion.
• Infringement: Use of similar mark.
• Registration: Optional but stronger rights.
• International: Madrid Protocol.

Trade Secret
• Protects: Confidential business info (formulas, methods).
• Need: Must remain secret and valuable.
• Duration: As long as kept secret.
• Rights: Prevent misappropriation.
• Infringement: Theft or disclosure.
• Registration: Not required.
• International: Covered under TRIPS.

Conditions for Filing a Copyright Application

• Know eligibility, documents, and process before filing.
• Eligible: Author, legal owner, or authorised agent.
• Submit proof of originality, identity, and ownership.
• Application must include form and copy of the work.
• Can file online or offline with different procedures.

Required Documents

• Two copies of the work.
• Proof of fee payment.
• NOC from author/owner if applicable.
• Power of attorney (if agent files).
• Source code (for software works).
• Work details: title, type, nature.
• Applicant and author information.
• Publication details, if already published.

Online vs. Offline Submission

• User Registration:
  ○ Online: Register on copyright portal.
  ○ Offline: No registration needed.
• Form Submission:
  ○ Online: Fill Form XIV, upload docs, pay fee.
  ○ Offline: Submit Form XIV, docs, and DD to office.
• Work Submission:
  ○ Online: Send hard copy post online form.
  ○ Offline: Submit physical copy with application.
• Application Tracking:
  ○ Online: Use Diary Number on portal.
  ○ Offline: Limited tracking; visit or contact office.

Checking the Status of Your Copyright Application

• Go to the Copyright Office portal.
• Online:
  ○ Enter your Diary Number.
  ○ Click “View Status” to track.
• Offline:
  ○ Select "Offline", enter Class and Title.
  ○ Click “View Status” to check progress.

Why Choose Sperso Filings for Copyright Registration?

Sperso Filings ensures your creative work is protected with expert copyright registration services. Here’s why creators trust us:

1. End-to-End Legal Support
   We handle the entire process—from application to certification—ensuring accuracy and quick turnaround.
2. Verified Ownership
   Registration with Sperso Filings creates a clear public record, making it easier to assert your rights and ownership.
3. Monetisation Made Easy
   Secure exclusive rights to license, sell, or distribute your work, opening up new revenue opportunities.
4. Strong Legal Standing
   Get access to statutory damages and prima facie evidence in court, strengthening your legal position in case of infringement.
5. Professional Image
   Registered copyrights reflect professionalism and enhance your brand credibility.
6. Global Reach
   We align your registration with international conventions for protection beyond India.