Understanding the Law: In India Copyright Is a Form of Intellectual Property Protection Granted Under the Copyright Act, 195
In India, copyright is a form of intellectual property protection granted under the Copyright Act, 1957, which safeguards original literary, artistic, musical, and dramatic works. It provides creators with exclusive rights to their work and legal remedies in case of infringement.
If you’re a creator or business owner, it’s crucial to understand your rights under Indian copyright law. You may also need the guidance of an experienced intellectual property lawyer in India to ensure full protection and enforcement of your rights.
🔍 What Is Copyright?
Copyright is a statutory right given to the creators of original works such as books, music, films, software, and artwork. It protects the expression of ideas but not the idea itself. In simple terms, it ensures no one else can copy, distribute, or profit from your original work without permission.
📖 Legal Foundation: The Copyright Act, 1957
The Copyright Act, 1957 is the governing law in India for copyright protection. It came into effect on January 21, 1958 and has undergone several amendments to address digital technologies and global conventions like the Berne Convention and the TRIPS Agreement.
The Act provides protection for the following categories:
- Literary works (including software)
- Dramatic and musical works
- Artistic works (paintings, sculptures, etc.)
- Cinematographic films
- Sound recordings
🏛️ Administration of Copyright in India
The Copyright Office, under the Department for Promotion of Industry and Internal Trade (DPIIT), manages the registration and public record of copyrights in India. The Copyright Board acts as a quasi-judicial body for dispute resolution.
📝 Copyright Registration Process in India
While copyright is automatic upon creation, registration serves as prima facie evidence in court.
Steps for Registration:
- File Form XIV via the e-filing portal.
- Pay prescribed fees based on the category.
- Wait for the 30-day objection period.
- If no objection is raised, the Registrar enters the work in the Register of Copyrights.
Fee Example (As of 2024):
| Category | Registration Fee (INR) |
| Literary Work | ₹500 |
| Cinematographic Film | ₹5,000 |
| Software (Literary) | ₹500 |
📊 Copyright in Numbers – Latest Statistics (2024-25)
- Over 34,000 copyright applications were filed in India in FY 2023–24.
- Software-related copyrights accounted for nearly 28% of total registrations.
- The entertainment sector saw a 15% increase in copyright infringement cases.
(Source: India Briefing)
🌐 International Treaties India Abides By
India is a signatory to several key international conventions:
- Berne Convention (1886)
- Universal Copyright Convention
- Rome Convention
- WIPO Copyright Treaty (WCT)
- TRIPS Agreement (WTO)
These treaties ensure that Indian copyrights are protected internationally and vice versa.
⚖️ Rights Granted to Copyright Holders
The Copyright Act gives authors:
- Economic Rights: Reproduction, distribution, public performance, etc.
- Moral Rights: Right to be credited and protect integrity of the work.
Duration of copyright in India:
| Type of Work | Duration of Protection |
| Literary/Artistic Work | Lifetime of author + 60 years after death |
| Films/Sound Recordings | 60 years from the date of publication |
🚫 Copyright Infringement in India
Common examples include:
- Unauthorized use of music in videos
- Piracy of films and software
- Plagiarism in books and blogs
Penalties:
- Imprisonment: Up to 3 years
- Fine: ₹50,000 to ₹2,00,000
🛡️ Enforcement Mechanisms
- Civil Remedies: Injunctions, damages
- Criminal Remedies: Imprisonment and fines
- Administrative Remedies: Customs blocking imports of infringing goods
Consulting a professional trademark lawyer in India or patent attorney may help enforce multiple IPR protections together.
🔄 Copyright vs. Other Forms of IP
| Feature | Copyright | Trademark | Patent |
| Protects | Expression of work | Brand names/logos | Inventions |
| Registration Needed? | No (but recommended) | Yes | Yes |
| Duration | Life + 60 years | 10 years (renewable) | 20 years |
🌍 Recent Developments and Trends
- AI & Copyright: Discussions are ongoing about how to treat AI-generated content.
- Digital Piracy: India’s OTT boom has led to an increase in digital infringement.
- Blockchain for IP: Startups are exploring blockchain-based timestamping of copyrights.
🏁 Conclusion
So, in India, copyright is a form of intellectual property protection granted under the Copyright Act, 1957, designed to uphold the rights of creators in an increasingly digital world. Whether you’re a writer, musician, filmmaker, or entrepreneur, understanding copyright laws can protect your content and ensure you benefit from your creations.
For full protection across IPR categories like trademarks and patents, consult experts like Babaria IP, who specialize in intellectual property law in India.
FAQs: People Also Ask
- In India, copyright is a form of intellectual property protection granted under which act?
Copyright in India is governed by the Copyright Act, 1957, which outlines protection, registration, and enforcement of original works.
- Is copyright automatic in India or needs registration?
Yes, copyright is automatic upon creation, but registration is recommended as legal evidence in court.
- What is the duration of copyright in India?
Typically, it lasts for the lifetime of the author + 60 years after their death.
- Can software be copyrighted in India?
Yes, software is protected under the category of literary works in Indian copyright law.
- What is the penalty for copyright infringement in India?
It can include up to
Categories : Intellectual Property 
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