Frequently asked questions about Indian Copyright law
What is copyright?
Copyright is a legal right granted to creators of original works like literary, dramatic, musical, artistic works, cinematograph films, and sound recordings. It encompasses rights such as reproduction, public communication, adaptation, and translation. Copyright fosters creativity by protecting creators’ rights and encouraging innovation essential for societal progress.
What works are protected under the Copyright Act, 1957?
The Copyright Act, 1957 protects original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings. It safeguards the expression of ideas but does not protect ideas, procedures, methods, or mathematical concepts themselves.
Does copyright apply to titles, names, or short phrases?
No, copyright does not protect titles, names, short phrases, slogans, or factual information. To qualify for copyright, a work must be original and meet certain creative thresholds.
Is registration required to claim copyright?
No, copyright protection is automatic upon the creation of a work. However, registration provides prima facie evidence of ownership in legal disputes.
Where can I apply for copyright registration?
Applications can be filed at the Copyright Office in New Delhi, by post, or online via the e-filing facility on the copyright website.
What is the process for registering a work under the Copyright Act, 1957?
- Submit Form XIV with required particulars and fees.
- File separate applications for each work.
- Ensure all columns are completed accurately.
- Include supporting documents like Power of Attorney if applicable.
Payment can be made via Demand Draft, Indian Postal Order, or e-payment.
What are the fees for copyright registration?
Fee details are available on the copyright website. Fees must be paid in favor of the “Registrar of Copyrights” and are non-refundable if the application is rejected.
Can I directly file a copyright registration application?
Yes, authors, rights owners, or their legal representatives can file applications directly at the Copyright Office, by post, or through the e-filing system.
What guidelines apply to copyright registration?
Chapter XIII of the Copyright Rules, 2013 outlines the registration process. Copies of the Act and Rules are available for purchase or can be downloaded from the copyright website.
Can unpublished works be registered?
Yes, both published and unpublished works can be registered. Unpublished works require submission of the manuscript or extracts for stamping by the Copyright Office.
Can computer software or programs be registered under copyright?
Yes, software can be registered as “literary works” under the Copyright Act, 1957. Applicants must provide both the source code and object code along with the application.
How can I register a website for copyright?
Websites consist of various components, such as text, images, or databases, each eligible for copyright individually. Separate applications must be filed for each copyrightable element of the website.
How long does it take to register a copyright?
After filing, there is a 30-day waiting period for objections. If no objections arise, the application undergoes examination, which may take 2-3 months in total, depending on the applicant’s responsiveness to queries.
Is a hearing conducted before rejecting a copyright application?
Yes, as per Rule 70(12) of the Copyright Rules, 2013, a hearing opportunity is provided. Decisions can be appealed to the Intellectual Property Appellate Board within three months.
Can certificates be copyrighted?
Generally, certificates are not copyrightable as they often lack sufficient originality and creative input, being repetitive and generic in nature.
How can I register an app for copyright?
Apps are registered as “literary works” under the software category. Applications must include source code, object code, and comply with Rule 70(5) of the Copyright Rules, 2013. Screen displays generated by the app are also covered if the program code is submitted.
