Information Bank

Under the Indian Copyright Act, 1957, and its subsequent amendments, copyright protection is available for various original works of authorship. The eligibility criteria for copyright registration in India are as follows:

1. Literary works: Literary works include books, pamphlets, computer programs, databases, and compilations of information. These works are eligible for copyright protection under Section 13 of the Indian Copyright Act.
2. Dramatic works: Dramatic works include any 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 excludes any cinematograph film. Dramatic works are eligible for copyright protection under Section 2(h) of the Indian Copyright Act.
3. Musical works: Musical works include any work consisting of music and also any graphical notation of such work. Musical works are eligible for copyright protection under Section 2(p) of the Indian Copyright Act.
4. Artistic works: Artistic works include paintings, drawings, photographs, sculptures, and works of architecture. Artistic works are eligible for copyright protection under Section 2(c) of the Indian Copyright Act.
5. Cinematograph films: Cinematograph films include any work of visual recording on any medium, such as film, tape, or any other recording device, from which a moving image may be produced. Cinematograph films are eligible for copyright protection under Section 2(f) of the Indian Copyright Act.
6. Sound recordings: Sound recordings include any recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made. Sound recordings are eligible for copyright protection under Section 2(x) of the Indian Copyright Act.

It is important to note that copyright protection is not available for ideas, concepts, procedures, methods of operation, or mathematical concepts or patentable inventions. Only the expression of these ideas or concepts in a tangible form is eligible for copyright protection.

Copyright Registration Process

While copyright registration is not mandatory in India, it is advisable to register your work to establish evidence of ownership and to strengthen your legal claim in case of copyright infringement. The registration process involves the following steps:

Application: To register a copyright, an application in the prescribed format (Form XIV) needs to be filed with the Copyright Office of India. The application should contain the details of the work, including its title, authorship, and year of publication.

Fee: A fee, as prescribed under the Copyright Rules, 1958, needs to be paid along with the application. The fee varies depending on the type of work and the mode of filing (online or offline).

Deposit of Work: A copy of the work needs to be submitted along with the application. In the case of artistic works, a copy of the work needs to be submitted, and in the case of cinematographic films, a copy of the film needs to be deposited with the Registrar. The deposit can be made in person or through an agent authorized by the copyright owner. In case the author is dead, the legal heirs or representatives can deposit the work.

The Copyright Act of India provides for various works that can be eligible for copyright protection. Some of the works include literary works such as books, articles, and computer software; dramatic works such as plays, dance performances, and mime shows; musical works such as songs, jingles, and background scores; artistic works such as paintings, drawings, photographs, and sculptures; cinematographic films; and sound recordings. It is important to note that copyright law does not protect ideas, concepts, procedures, methods, or principles. Only the expression of these ideas is protected under copyright law.

In order to register a copyright for a work, it is necessary to prove that the work is original and not a copy of someone else’s work. This is because copyright protection is granted only to original works. To prove the originality of a work, it is important to keep records of the creation process, such as drafts, sketches, or prototypes. In case of a dispute, these records can serve as evidence to prove the originality of the work.

It is important to note that copyright registration is not mandatory. Even if a work is not registered, it is still protected under copyright law. However, registration provides legal evidence of ownership, and it is easier to enforce copyright infringement in case of a registered work. Moreover, copyright registration also helps to establish the ownership of the work, which can be useful in case of disputes.

In conclusion, copyright registration is an important step in protecting one’s intellectual property rights. It provides legal evidence of ownership and helps to establish the originality of the work. It is important to ensure that the work is eligible for copyright protection and that all the necessary documents and fees are submitted along with the application. MAK LAW is here to help you navigate the complexities of copyright law and ensure that your intellectual property rights are protected.