What is Copyright?

Copyright is a bundle of rights given to the creators of literary and artistic work. This intellectual property right is commonly bestowed upon cinematograph films, illustrations, photographs, music and sound recordings, and live performances to name a few. A copyright protection gives an exclusive right of use to the creator of the work, whether published or unpublished.

What type of work is eligible to get the protection under copyright?

• Literary work
• Dramatic work, including original sound score and music
• Musical work, including lyrics and accompanying sounds
• Cinematographic, motion pictures, and other forms of audio-visual films
• Theatrical and choreographic work, including pantomimes
• Architectural work
• Sound recording
• Picture, photographs, paintings, artistic representations, graphics, and sculptures

Is a registration mandatory for copyright protection?

No, a copyright registration is not mandatory in India. A copyright comes into force when an original work is created, meaning, a copyright automatically comes into existence without any formalities. For example, if you are writing a story which has not been written before, you own the copyright over it the moment you write it or publish it. However, a copyright registration is mandatory for filing infringement lawsuits, since a registration would serve as prima facie evidence in the court. Also, since India is a member of the Berne Convention and the Universal Copyright Convention, works created in any other member states also receive copyright protection in India.

What rights does the Copyright Act bestow on the owner of the right?

• Right to issue the copies of work to the public
• Right of publication
• Right to integrity
• Right to reproduce the work
• Right to perform the work publicly
• Rights to translate the work
• Right to make an adaption of the work

How long is the registration of a copyright valid in India?

Generally, the copyright registration is valid for 60 years.

Can joint applicants hold a single copyright?

Generally, the copyright is owned by the work's creator, however, this isn’t always the case. When there are two or more creators of a work, whose contribution to the final work is both inseparable and interdependent, then both the creators are considered as the joint owners of the copyright. Hence, the copyright application is filed in the name of both the owners.

What are the benefits of copyright registration?

• To serve as a prima facie evidence in court in case of infringement suits
• To make the assignment of the registered work easier
• Exclusive rights over the work
• To get the benefit of statutory damages and attorney’s fees
• Right to prevent any alteration of the work or adaptations thereof, or any other actions that might damage the integrity of the work

Can I register multiple works in one application?

Yes, it's possible in some special cases to use a single application for a collection of works. This can be done:

• If the creator of all the works is the same
• If all the works are unpublished, or if they have been published at the same time.

What are the different categories or work that can be registered in the same application?

• As a collection of unpublished work
• As a single unit of published work
• As a group registration

Do I need to copyright or trademark to protect my company name and slogan?

Copyright does not provide protection to a brand name, title, logo or slogan or a combination thereof. In order to get protection for such brand elements, you should opt for a trademark registration.

Can I copyright my book title?

No, copyright does not protect titles by themselves, because titles are typically very short. So, you cannot get a copyright protection for the title of your book. The same logic applies to movie and song titles.

What is the difference between Trademark, Copyright, and Patent?

Trademark is an exclusive right for a distinguished word, sign, design, symbol or a device used in the trade of goods and services.

Copyright is a protection extended to original work of authorship; the scope of which includes musical, literary, artistic work either published or unpublished.

Copyright is a protection extended to original work of authorship; the scope of which includes musical, literary, artistic work either published or unpublished.

Is a copyright registration in India valid across the world?

Since Copyright Laws are territorial, a copyright registration is valid only in the home country. Every country has its own set of intellectual property laws, which may vary. However, you can obtain an international copyright registration, where you can use the registered copyright as an evidence of using first.

Who can apply for copyright registration?

The creator of the original work, the author, the rightful owner, his/her legal heir or an assignee can apply for a copyright registration.

What if someone uses my creation when my copyright application is under process?

You receive copyright protection even if your copyright application is under process. You can take legal recourse by sending a notice to the infringing party. If the problem persists, then you can file for infringement.

What is the difference between copyright assignment and copyright license?

Copyright assignment essentially means that the owner transfers the complete rights over the creation. The owner is left with no rights over the work unless the transferee re-assigns the copyright to the owner.

In case of a copyright license, the owner licenses the right to use the copyright but retains the overall interest in the copyright that has been licensed. In exchange for use, the owner is paid royalty fees.