The definition includes computer programmes, tables and compilations including computer databases. In practice this category covers:

• Books, novels, poetry, short stories, essays and articles
• Scripts, screenplays, dialogues and treatments
• Blog posts, web content, newsletters and social media content of substance
• Training material, course content, question banks and curricula
• Manuals, technical documentation, SOPs and process guides
• Business plans, project reports, research papers and theses
• Software source code and object code
• Databases and compilations, where there is originality in selection or arrangement
• Translations and adaptations, as derivative works

Note that “literary” carries no requirement of literary merit. A user manual is a literary work.

Artistic works — Section 2(c)

The definition covers a painting, sculpture, drawing (including a diagram, map, chart or plan), engraving or photograph, whether or not it possesses artistic quality, a work of architecture, and any other work of artistic craftsmanship. In practice:

• Logos, wordmark artwork, monograms and brand devices
• Labels, packaging artwork, cartons and trade dress
• Illustrations, cartoons, characters and mascots
• Paintings, sketches, drawings and digital art
• Photographs, including commercial and product photography
• Maps, charts, diagrams, engineering drawings and plans
• Architectural works and building designs
• Sculpture and works of artistic craftsmanship
• Website and application user interface graphics

Dramatic works — Section 2(h)

A piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise — but not a cinematograph film. Stage plays, choreography and theatrical scripts fall here.

Musical works — Section 2(p)

A work consisting of music, including any graphical notation, but excluding any words or any action intended to be sung, spoken or performed with the music.

This distinction produces a result that catches most people out. A single song is three separate copyrights:

Each needs its own clearance, and each is separately assignable.

Cinematograph films — Section 2(f)

Any work of visual recording, including a sound recording accompanying it. Films, advertisements, corporate videos, web series, animation and video content generally.

Sound recordings — Section 2(xx)

A recording of sounds from which sounds may be produced, regardless of the medium or method.

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What Copyright Does Not Protect

• Ideas, concepts, methods, systems and facts. Copyright protects the expression of an idea, not the idea itself.
• Titles, names, slogans and short phrases — these belong to trademark law, not copyright.
• Functionality. Software copyright protects the code, not what the software does.
• Works lacking originality. A bare compilation with no originality in selection or arrangement is not protected.
• Registered designs. Under Section 15(1), copyright does not subsist in any design registered under the Designs Act.

The 50-copy rule — Section 15(2)

This provision defeats more product businesses than any other in the Act.

Where a design is capable of being registered under the Designs Act, 2000 but has not been so registered, the copyright in it ceases as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or with their licence.

In plain terms: if you rely on copyright alone for a product shape, an ornamental pattern, a furniture design or a textile print, and you industrially produce more than fifty units, your copyright is gone. Design registration under the Designs Act, 2000 is the correct protection for industrially applied designs, and it must be obtained before publication.

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Who Owns It — Section 17 and Why This Goes Wrong

Section 17 provides that the author is the first owner of copyright, subject to important exceptions:

• Section 17(a) — a work made by an author employed by the proprietor of a newspaper, magazine or periodical, under a contract of service, for the purpose of publication: the proprietor is first owner for the purpose of publication, and the author retains the rest.
• Section 17(b) — a photograph, painting, portrait, engraving or cinematograph film made at the instance of any person for valuable consideration: that person is the first owner.
• Section 17(c) — a work made in the course of the author’s employment under a contract of service or apprenticeship: the employer is the first owner.

The freelancer problem

Section 17(c) applies to employees, not to freelancers and agencies. A designer engaged under a contract for services — the ordinary freelance or agency arrangement — remains the first owner of the copyright in what they create, even though you paid for it and even though they made it to your brief.

This means that a very large number of Indian businesses do not own the copyright in:

• Their logo, designed by a freelance designer or agency
• Their website code and design
• Their packaging and label artwork
• Their product photography
• Their brochures, videos and marketing collateral

The invoice does not transfer copyright. The email approving the design does not transfer copyright. Only a written assignment does.

What a valid assignment requires — Section 19

Section 19 sets out mandatory requirements. An assignment of copyright is valid only if it is in writing and signed by the assignor or their authorised agent, and it must specify:

• The work assigned
• The rights assigned
• The duration of the assignment
• The territorial extent
• The royalty or consideration payable

And the statutory defaults, which are the real trap:

• Section 19(5) — if the period is not specified, the assignment is deemed to be for five years only
• Section 19(6) — if the territorial extent is not specified, it is deemed to extend within India only
• Section 19(4) — if the assignee does not exercise the rights within one year of assignment, the assignment in respect of those rights is deemed to have lapsed, unless otherwise stated

A one-line assignment clause in a design invoice therefore very often gives a business five years of Indian rights and nothing more.

Moral rights survive — Section 57

Independently of ownership, and even after the copyright has been assigned, the author retains the special rights under Section 57 — to claim authorship of the work, and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the work which would be prejudicial to the author’s honour or reputation. Moral rights cannot be assigned away, and this should be addressed in commissioning agreements.

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Logos: Where Copyright and Trademark Meet

A logo is protected on two independent tracks, and a brand needs both:

A trademark assignment does not transfer copyright in the logo artwork, and a copyright assignment does not transfer trademark rights. Both must be dealt with expressly in any brand purchase, and this is one of the most frequently missed items in Indian brand transactions.

The Section 45 proviso — the requirement that delays most logo filings

Under the proviso to Section 45(1), where the application is in respect of an artistic work used or capable of being used in relation to any goods or services, the application must include a statement to that effect and must be accompanied by a certificate from the Registrar of Trade Marks to the effect that no trademark identical with or deceptively similar to the artistic work has been registered, or applied for, by any person other than the applicant.

In practice this means that registering a logo, label or packaging artwork as an artistic work requires a search certificate obtained from the Trade Marks Registry on Form TM-C, at a fee of ₹10,000, before the copyright application can proceed. Applicants who do not plan for this are surprised by both the cost and the additional timeline. We obtain the TM-C certificate as part of the filing.

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The Filing Process

Applications are filed online with the Copyright Office at copyright.gov.in.

Step 1 — Preparation. Identify the correct category of work, confirm authorship and ownership, obtain the required NOCs and assignments, and prepare the copies of the work to be filed.

Step 2 — Form XIV. The application is made on Form XIV under the Copyright Rules, 2013, comprising the Statement of Particulars and, for literary, dramatic, musical and artistic works, the Statement of Further Particulars.

Step 3 — Fee and diary number. The prescribed fee is paid per work, and a diary number is generated immediately on submission. This is your dated record of filing.

Step 4 — The mandatory 30-day waiting period. The Copyright Office waits thirty days from the date of filing for any objection from a third party. Nothing moves during this window.

Step 5 — Objection, if any. If an objection is received, a hearing is fixed and both parties are heard. If it is resolved in the applicant’s favour, the application proceeds to scrutiny.

Step 6 — Examination and discrepancy. The Examiner scrutinises the application and the documents. Where deficiencies are found, a discrepancy letter is issued and must be answered within the time allowed, failing which the application may be closed.

Step 7 — Registration. The particulars are entered in the Register of Copyrights and an Extract of the Register of Copyrights is issued. This extract is the certificate.

Indicative timeline: six to twelve months in a straightforward matter, longer where objections or discrepancies arise. The diary number, however, exists from day one.

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Documents Required

For every application

• Name, address, nationality and details of the applicant and of the author
• Two copies of the work
• NOC from the author, where the applicant is not the author
• NOC from the publisher, where the work is published and the applicant is not the publisher
• Written assignment or deed, where ownership is claimed by transfer
• Authorisation in favour of the advocate or agent
• Publication details — published or unpublished, year, country, name and address of the publisher
• Where the work is a translation or adaptation, consent of the owner of the original

Additional, by category

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Government Fees (Indicative)

Fees are those prescribed under the Copyright Rules, 2013 and are indicative. Fees for changes in particulars and other requests are prescribed separately. Statutory fees are revised from time to time — please confirm the current figure before filing. Professional fees are quoted separately.

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Term of Protection

Photographs are protected as artistic works, and following the Copyright (Amendment) Act, 2012 the position is aligned with other artistic works rather than being subject to a separate shorter term.

Where there are joint authors, the term is calculated by reference to the author who dies last.

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Enforcement: What Registration Buys You

Civil remedies — Section 55. Injunction, damages and accounts. Section 55(2) provides a presumption in favour of the person whose name appears on copies of the work as the author or publisher, where no entry has been made in the Register.

Criminal liability — Section 63. Knowing infringement of copyright is an offence punishable with imprisonment of six months to three years and a fine of ₹50,000 to ₹2,00,000. Section 63A provides for enhanced punishment on a second and subsequent conviction. Section 64 empowers the police to seize infringing copies, and Section 65 deals with possession of plates for making infringing copies.

Fair dealing — Section 52. Certain acts do not constitute infringement, including fair dealing with a work for private or personal use including research, for criticism or review, for reporting current events and current affairs, use in judicial proceedings, and specified educational uses. A defendant will raise these, and a claimant should assess them before sending a notice.

Customs. Registered copyright can be recorded with Indian Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, enabling suspension of clearance of infringing consignments.

Commercial value. Registration is the document that investors, acquirers, licensees and lenders ask for during due diligence. An unregistered claim to own a codebase, a course library or a character universe is a diligence problem.

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Special Situations Worth Knowing

Software. Copyright protects the code as a literary work — the expression, not the underlying functionality or algorithm. Software as such is generally outside patentability in India under Section 3(k) of the Patents Act, 1970. For software businesses, copyright registration plus well-drafted employment and contractor assignments is the core of the IP position.

Websites and apps. A single website carries layered rights — the code as a literary work, the interface graphics and images as artistic works, the text content as a literary work, and any video as a cinematograph film. They may need separate applications, and the ownership chain for each element should be checked.

Computer-generated works. Section 2(d)(vi) defines the author, in relation to any literary, dramatic, musical or artistic work which is computer-generated, as the person who causes the work to be created. How this applies to works generated using modern AI systems is an evolving area in India and internationally, and applicants should expect scrutiny where human authorship is unclear.

Characters and franchises. Characters, mascots and visual universes are protected as artistic works, with the associated names protected as trademarks. Media and merchandising businesses should register both.

Course content and training material. Highly copyable and highly valuable. Registration of the course library, workbooks and question banks is inexpensive relative to the commercial exposure.

Architectural works and drawings. Both the building as a work of architecture and the underlying plans and drawings are protected, and the ownership position between architect and client must be addressed in writing.

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Mistakes We Are Regularly Asked to Fix

1. No written assignment from the freelancer or agency who created the logo, website or artwork — the business does not own what it paid for
2. An assignment clause with no duration and no territory, which Section 19 reduces to five years within India
3. Registering a logo as an artistic work without planning for the TM-C search certificate under the proviso to Section 45(1)
4. Assuming a trademark registration covers the logo artwork — it does not
5. Registering the sound recording but not the lyrics and the composition, which are separate works with separate owners
6. Relying on copyright for an industrially produced design and losing it under the fifty-copy rule in Section 15(2)
7. Filing without the NOC from the author or the publisher, resulting in a discrepancy letter
8. Believing that registration is required for protection, and therefore delaying commercial launch
9. Ignoring the discrepancy letter deadline and allowing the application to be closed
10. Ignoring moral rights under Section 57 in commissioning and modification agreements
11. Employment contracts with no IP clause, leaving Section 17(c) to do work it may not cover for consultants
12. Registering the work in the individual founder’s name when the company is the intended owner

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How Delhi Legal Company Handles Copyright Filings

• Categorisation — identifying the correct class of work, and where a single asset produces several works, filing them correctly rather than as one
• Chain of title — verifying who actually owns the work, and drafting the assignments and NOCs needed before filing rather than after a discrepancy letter
• Section 45 compliance — obtaining the Trade Marks Registry search certificate for logos, labels and packaging artwork
• Filing and prosecution — Form XIV, fee, diary number, response to objections and discrepancy letters, through to issue of the Extract of the Register of Copyrights
• Contracts — Section 19 compliant assignment deeds, employment and contractor IP clauses, licensing agreements, and moral rights provisions
• Portfolio view — copyright alongside trademark for logos, and design registration where the fifty-copy rule applies
• Enforcement — notices, takedowns, customs recordation, civil suits under Section 55 and criminal complaints under Section 63

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Frequently Asked Questions (FAQs)

1. Is copyright registration compulsory in India?

A. No. Copyright subsists automatically the moment an original work is created and fixed in a tangible form, and India’s obligations under the Berne Convention prohibit protection being made conditional on registration. Registration is voluntary, but it provides evidentiary and commercial advantages that make it worth doing.

2. Then why should I register my work?

A. Because Section 48 makes the Register of Copyrights prima facie evidence of the particulars entered in it. In a dispute you begin with the presumption in your favour instead of having to prove authorship, originality, date of creation and ownership from scratch. Registration is also what investors, buyers and licensees ask for during due diligence.

3. What kinds of work can be registered?

A. Original literary, dramatic, musical and artistic works, cinematograph films and sound recordings, under Section 13. Literary works include computer programmes and databases, and artistic works include logos, labels, packaging, illustrations, photographs, maps, plans and architectural works.

4. Can I copyright a name, title, slogan or brand?

A. No. Copyright does not protect names, titles, slogans or short phrases. Those belong to trademark law. The artistic design of a logo can be protected by copyright, while the name and its use as a badge of origin are protected by trademark registration.

5. Can I copyright an idea or a business concept?

A. No. Copyright protects the expression of an idea, not the idea itself. A written business plan is protected as a literary work, but the concept described in it is not.

6. Which form is used for copyright registration and what does it cost?

A. Form XIV under the Copyright Rules, 2013, filed online with the Copyright Office. The fee is ₹500 per work for a literary, dramatic, musical or artistic work, ₹2,000 for a literary or artistic work used or capable of being used in relation to goods or services, ₹5,000 for a cinematograph film and ₹2,000 for a sound recording. Fees are revised from time to time and should be confirmed before filing.

7. How long does copyright registration take?

A. Typically six to twelve months, and longer where objections or discrepancies arise. A diary number is issued immediately on filing, and the Copyright Office observes a mandatory thirty-day waiting period for third-party objections before the application is scrutinised.

8. What is the thirty-day waiting period?

A. After an application is filed, the Copyright Office waits thirty days for any objection from a third party before proceeding. If an objection is received, a hearing is fixed and both parties are heard. If none is received, the application moves to examination.

9. I want to register my logo. Is anything extra required?

A. Yes. Under the proviso to Section 45(1), where the artistic work is used or capable of being used in relation to goods or services, the application must be accompanied by a certificate from the Registrar of Trade Marks confirming that no identical or deceptively similar trademark has been registered or applied for by anyone other than the applicant. This is obtained on Form TM-C at a fee of ₹10,000, and it adds both cost and time to a logo filing.

10. Do I need both copyright and trademark registration for my logo?

A. Ideally yes, because they protect different things. Copyright protects the artwork itself against copying in any field. Trademark protects the use of the mark as an indicator of source for your goods or services and gives you the statutory infringement remedy. A brand relying on only one of them has a gap.

11. My agency designed my logo. Do I own the copyright?

A. Very likely not, unless there is a written assignment. Section 17(c) makes the employer the first owner only where the work was made in the course of employment under a contract of service. A freelancer or agency engaged under a contract for services remains the first owner, regardless of who paid for the work.

12. What makes a copyright assignment valid?

A. Section 19 requires the assignment to be in writing and signed by the assignor, specifying the work, the rights assigned, the duration, the territorial extent and the royalty or consideration. If the duration is not specified it is deemed to be five years, and if the territory is not specified it is deemed to be India only.

13. What happens if my assignment does not mention duration or territory?

A. Section 19(5) deems the assignment to be for five years, and Section 19(6) deems it to extend within India only. Under Section 19(4), if the assignee does not exercise the assigned rights within one year, the assignment in respect of those rights is deemed to have lapsed unless otherwise stated.

14. What are moral rights?

A. Under Section 57, the author retains special rights independently of ownership and even after assignment — the right to claim authorship of the work, and the right to restrain or claim damages for any distortion, mutilation, modification or other act prejudicial to the author’s honour or reputation. These cannot be assigned away and should be addressed expressly in commissioning agreements.

15. How long does copyright last?

A. For literary, dramatic, musical and artistic works published within the author’s lifetime, the term is the life of the author plus sixty years from the beginning of the calendar year following the year of death. For cinematograph films, sound recordings, anonymous, posthumous and government works, the term is sixty years from publication.

16. Can software be registered under copyright?

A. Yes. Computer programmes are expressly included within the definition of literary work in Section 2(o). The Copyright Office requires the source code to be filed, commonly the first and last ten pages, or the entire code where it is shorter than twenty pages, without blocked-out portions.

17. Does copyright protect what my software does?

A. No. Copyright protects the code as written expression, not the functionality, algorithm or method. Software as such is also generally outside patentability in India under Section 3(k) of the Patents Act, 1970, which is why code copyright and strong contractual IP clauses are the practical core of a software company’s protection.

18. I make products with an original design. Is copyright enough?

A. Usually not. Under Section 15(2), where a design is capable of registration under the Designs Act, 2000 but has not been registered, copyright in it ceases once articles bearing that design have been reproduced more than fifty times by an industrial process. For industrially produced designs, registration under the Designs Act is the correct protection and must be obtained before publication.

19. A song has how many copyrights?

A. Three. The lyrics are a literary work, the musical composition is a musical work, and the recorded track is a sound recording. Each is a separate right, frequently owned by different people, and each requires separate clearance and assignment.

20. Can I register an unpublished work?

A. Yes. Both published and unpublished works can be registered. For an unpublished work, copies are filed with the application, and the applicant should be prepared to state the position on publication accurately.

21. Can a foreign work or a foreign author register in India?

A. Works of nationals of Berne Convention and other treaty countries are protected in India by virtue of India’s international obligations and the International Copyright Order, without any need to register here. Registration in India remains available and can be useful for evidentiary purposes in Indian proceedings.

22. Is copyright infringement a criminal offence?

A. Yes. Under Section 63, knowing infringement is punishable with imprisonment of six months to three years and a fine of ₹50,000 to ₹2,00,000, with enhanced punishment on a second conviction under Section 63A. Section 64 empowers the police to seize infringing copies.

23. What is fair dealing?

A. Section 52 sets out acts that do not constitute infringement, including fair dealing with a work for private or personal use including research, for criticism or review, for reporting current events and current affairs, use in judicial proceedings, and certain educational uses. It is a defence that should be assessed before any enforcement action is taken.

24. Who owns copyright in work created by my employees?

A. Under Section 17(c), where a work is made in the course of the author’s employment under a contract of service, the employer is the first owner in the absence of any agreement to the contrary. Employment contracts should still contain an express IP clause, because the distinction between employees and consultants is exactly where disputes arise.

25. Who is the author of a work generated by a computer or AI system?

A. Section 2(d)(vi) defines the author, in relation to a computer-generated literary, dramatic, musical or artistic work, as the person who causes the work to be created. How this applies to works produced using modern AI systems is an evolving question in India and internationally, and applications should expect scrutiny where human authorship is not clear.

26. What does Delhi Legal Company charge for copyright registration?

A. Our fee depends on the category of work, the number of works, whether assignments and NOCs need to be drafted, and whether a Trade Marks Registry search certificate is required for a logo or label. We quote in writing, with the government fee shown separately from the professional fee.