Copyright Registration

Protection arises automatically on creation under Section 13 read with Section 17 of the Copyright Act 1957 — no registration is required to own copyright. However, registration under Section 45 creates an entry in the Register of Copyrights (maintained under Rule 16 of the Copyright Rules 2013), which constitutes prima facie evidence of ownership under Section 48 and is invaluable if title is disputed in court or before the Copyright Board.

Original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings qualify under Section 13 of the Copyright Act 1957. The applicant files Form XIV (Statement of Particulars) with the Copyright Office along with the fee prescribed under the First Schedule to the Copyright Rules 2013. Computer programs and databases additionally require Form XV (Statement of Further Particulars). After a 30-day objection window under Section 45(2), the Registrar enters the work in the Register.

Literary, dramatic, musical, and artistic works are protected for the lifetime of the author plus 60 years under Section 22 of the Copyright Act 1957. Anonymous or pseudonymous works receive 60 years from the year of publication (Section 23). Cinematograph films and sound recordings are protected for 60 years from the year of publication under Sections 26 and 27 respectively.

Yes. Under the proviso to Section 17 of the Copyright Act 1957, where a work is made by an author in the course of employment under a contract of service or apprenticeship, the employer is the first owner of copyright in the absence of any agreement to the contrary. For software and databases developed by employees of IT companies, this provision is particularly relevant — the employment contract governs any residual or moral rights.

The owner may seek civil remedies under Section 55 of the Copyright Act 1957, including injunction, damages or account of profits, and delivery-up of infringing copies. Criminal liability under Section 63 carries imprisonment of six months to three years and a fine of fifty thousand to two lakh rupees for a first offence. The Register entry under Section 48 is admissible as prima facie evidence of ownership, which strengthens applications for interim injunctions under Order 39 of the Code of Civil Procedure 1908.