Quick answerUnder the Copyright Act, 1957, copyright arises automatically when an original work is created, and registration is optional. Registration with the Copyright Office, filed online in Form XIV, makes the entries in the Register of Copyrights prima facie evidence of the particulars recorded (Section 48), which is valuable in a dispute. After filing you get a diary number, a 30-day period allows objections, and the work is then examined. Copyright in most works lasts for the author's life plus 60 years.
- Law
- Copyright Act 1957, Section 45
- Form
- Form XIV, online
- Term
- Life of author plus 60 years
- Authority
- Copyright Office, Registrar of Copyrights
What copyright protects
Section 13 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Copyright protects the expression, not the idea: two people can write about the same subject, but cannot copy each other's text.
| Work | Examples | Term of protection |
|---|
| Literary | Books, articles, course material, website content, computer programs and software | Life of author plus 60 years |
| Dramatic | Plays, scripts, choreography | Life of author plus 60 years |
| Musical | Musical composition and notation | Life of author plus 60 years |
| Artistic | Paintings, drawings, logos, photographs, architecture | Life of author plus 60 years |
| Sound recording | Recorded songs, podcasts, audio tracks | 60 years from the year after publication |
| Cinematograph film | Films, web series, advertisements, videos | 60 years from the year after publication |
Names, titles, slogans and short phrases are generally not protected by copyright; they are protected, if at all, as trademarks through trademark registration.
Why register if copyright is automatic
Without registration you must prove authorship and the date of creation from drafts, emails and metadata, which can be contested. A registration certificate shifts the burden: under Section 48, the entries in the Register are prima facie evidence of the particulars recorded, so the other side has to disprove them. Registration is also useful when licensing or assigning works, raising funding on software, dealing with platforms that ask for proof of ownership, and seeking customs or police action against pirated goods.
Registration does not create copyright and does not make an unoriginal work protectable. Nor is it a precondition for suing: an owner of an unregistered work can still sue for infringement, but will have to prove authorship and date from scratch. For businesses that produce valuable content, software or designs, registering the key works is a modest cost compared with the evidence problems it avoids.
Who owns the copyright
Under Section 17 the author is the first owner, with important exceptions. A work made by an employee in the course of employment belongs to the employer unless agreed otherwise. A work commissioned from an outside designer, developer or agency is a trap: in many cases the creator, not the business that paid, remains the owner unless there is a written assignment. Section 19 requires assignments to be in writing, and the assignment should state the rights, territory and duration. If the duration is not stated it is taken as five years, and if the territory is not stated it is taken as India.
Before filing, we check whose name should appear as author and owner, and obtain the necessary no-objection certificates or assignment deeds.
The registration procedure
- Filing: the application is made online in Form XIV with a statement of particulars, the work (or an extract, such as a portion of source code for software), and the fee. A diary number is generated.
- Waiting period: the application is open for 30 days for anyone to object to the claim.
- Examination: if no objection is received, the examiner reviews the application. Discrepancies are communicated, and the applicant must reply within the time given.
- Objection or hearing: if a third party objects, or the discrepancy is serious, both sides are heard by the Registrar of Copyrights.
- Registration: once cleared, the entry is made in the Register of Copyrights and an extract is issued.
The overall time varies with the Copyright Office workload and whether discrepancies are raised, and commonly runs to several months.
Software, logos and published works
- Software: registered as a literary work. The source code or object code extract is filed; confidential portions can be handled by filing a limited extract.
- Logos and labels: where an artistic work is used or capable of use on goods, Section 45 requires a search certificate from the Trade Marks Registry confirming that no identical or deceptively similar mark is registered or applied for by someone else. This is requested in Form TM-C before or with the copyright application.
- Unpublished works: can be registered; the copy filed is kept on record.
- Works with third-party content: photographs of identifiable people, or works based on another's work, need consent or a licence.
Copyright registration fees
The official fee is fixed per work by the Copyright Rules, 2013 and differs by category. As on date, it is about ₹500 per work for literary, dramatic, musical and artistic works, and higher for sound recordings and cinematograph films, with a higher fee for artistic works used on goods. The trademark search certificate for logos has its own fee. Professional fees depend on the number of works and whether assignments or NOCs must be drafted.
Enforcing your copyright
Infringement is addressed by a civil suit for injunction, damages and delivery up under Section 55, filed where the owner resides or carries on business under Section 62. Knowing infringement is also an offence under Section 63, punishable with imprisonment of six months to three years and a fine. Online copying is often handled through takedown notices to platforms under the IT intermediary rules, followed by a legal notice or suit where needed. When licensing or selling rights, a written contract is essential.
Common mistakes in copyright filings
- Wrong owner: filing in the company's name for a logo or software created by a freelancer without a written assignment. The examiner may raise this, and an opponent certainly will.
- Wrong category: filing a video as an artistic work, or a song as a literary work. A recorded song involves separate rights in the lyrics (literary), the composition (musical) and the recording (sound recording), each registered separately.
- Logo without TM-C: an artistic work used on goods needs the trademark search certificate, and filing without it delays the application.
- Inconsistent dates: the year of creation and first publication must match the evidence.
- Treating registration as a trademark: copyright in a logo protects the artwork, not the brand name. Both registrations are usually needed for a business logo.
After registration, keep the extract of the Register with your contracts. When you license or assign the work, refer to the registration number in the agreement, and record any assignment so that the Register stays accurate.
Documents you need
The documents depend on the type of work:
- Name, address and nationality of the applicant, author and owner
- Copy of the work: manuscript, artwork file, source code extract, audio or video file
- Title, language and year of first publication, if published
- Assignment deed or NOC from the author, if the applicant is not the author
- NOC from the publisher, or from persons appearing in photographs, where relevant
- Trademark search certificate (TM-C) for logos and labels used on goods
- Signed authorisation (power of attorney) for filing through us
How we handle it for you
Ownership review
We confirm the author and owner and draft any assignment or NOC needed.
Classification
The work is classified correctly and the extract to be filed is prepared.
Filing
Form XIV filed online with the fee, and the diary number shared at once.
Discrepancy replies
We reply to examiner queries and handle any objection hearing.
Registration
The extract of the Register is delivered and the record kept for enforcement.
Why clients choose ProudLegal
Advocates who appear in courtYour matter is drafted and argued by enrolled advocates, not call-centre staff.
Company and tax filings in-houseCompany secretaries and tax professionals handle registrations and returns.
Fees agreed in writingYou receive a written fee quote before any work begins.
Updates on WhatsApp and emailEvery hearing date, filing and document is shared as it happens.
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Is copyright registration compulsory in India?
No. Copyright arises automatically on creation. Registration is optional but gives prima facie evidence of ownership under Section 48.
How long does copyright registration take?
The 30-day objection period is followed by examination, and the process commonly takes several months.
Can software be registered under copyright?
Yes. Computer programs are literary works and can be registered by filing an extract of the code.
Can I register my logo under copyright and trademark both?
Yes. The logo can be registered as an artistic work under copyright and as a trademark; a TM-C search certificate is needed for the copyright filing.
How long does copyright last in India?
For literary, dramatic, musical and artistic works, the life of the author plus 60 years. For films and sound recordings, 60 years from the year after publication.
Can a name or title be protected by copyright?
Generally no. Names, titles and short slogans are protected as trademarks, not copyright.
Who owns copyright in work made by a freelancer?
Usually the freelancer, unless there is a written assignment to the client. Employees' work in the course of employment belongs to the employer.
What is a diary number in copyright registration?
It is the reference number generated on filing Form XIV, used to track the application.
