Frequently Asked Questions
on Copyright

Q. What is protected?

 

The expression of literary, dramatic, musical and artistic works, cinematograph films, and sound recordings. The works must be original.

 

Q. What is not protected?

 

• An idea or concept.

• Any single word, titles or names, or short word combinations.

• Any slogans, short phrases, methods, plots or factual information.

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Q. Who is the first owner of copyright in a work?

 

Ordinarily, the author is the first owner of copyright in a work.

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Q. Can the applicant of a copyright application be different from the author?

 

Yes, in such a case, a No Objection Certificate from the author is required.

 

Q. Who is the owner of a work produced during the course of the author’s employment?

 

In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

 

Q. What rights are enjoyed by a copyright holder?

 

A bundle of rights including, inter alia, rights of reproduction, communication to the public, issuance of copies of the work to the public, performance of the work in public, adaptation and translation of the work, depending on the work.

 

Q. Can any person translate a work without the permission of the owner of the copyright in the work?

 

No. A person cannot translate a work enjoying copyright without the permission of the copyright owner.

 

Q. Is it necessary to register a work to claim copyright?

 

No, copyright is an inherent right that comes into existence as soon as the work is created.

 

Q. Is it mandatory to obtain a copyright registration to avail the remedy of copyright infringement?

 

No. The copyrighted work need not be registered to avail of the remedy of infringement.

 

Q. Why register Copyright?

 

• Ensures certain minimum safeguards of the rights of authors over their creations.

• A Certificate of Registration of copyright serves as prima facie evidence of ownership in a court of law.

• Assists with criminal raids and other forms of enforcement.

 

Q. Whether unpublished works can be registered?

 

Yes, both published and unpublished works can be registered. 

 

Q. How many works can one copyright application protect?

 

A single copyright application must have only a single work. A group of works cannot be clubbed into one filing.

 

Q. How can a website be protected under copyright law?

 

A website usually consists of different components which may be copyrightable subject matter, such as text, tables, computer programmes (“literary works”); photographs, paintings, diagram, map, chart or plan (“artistic works”); works consisting of music and including graphical notation of such work (“musical works”); “sound recordings” and “cinematograph films”.

A website as a whole is not subject to copyright protection. A separate application is required to be made for each component work/content appearing on a website.

 

Q. What happens if a work is capable of functioning as both a trademark and copyrightable subject matter? 

 

If the subject of a copyright application is also capable of being protected as a trade mark (for instance, in cases of artistic works), a No Objection Certificate (NOC) must be obtained from the Trade Marks Registry to submit to the Copyright Office at the time of filing the copyright application. 

 

Q. When can I use the © symbol in respect of my work/creation?

 

You can use the © symbol on your work/creation at any time, as long as it is your own original work, to communicate that it is protected by copyright law and to inform the public of your ownership. The symbol serves as a useful reminder of your rights.

 

Q. What documents are required to file?

 

Documents vary depending on type of work. Generally speaking:

 

• Application for registration on the appropriate form, including Statement of Particulars and Statement of Further Particulars.

• 2 Copies of the work to be protected.

• No Objection Letter(s) from the author(s) that they have no objection to the copyright in the work being registered in the applicant’s name.

• No Objection Letter(s) from the publisher(s) of the work if the applicant is different from the publisher and the work is published.

• No Objection Certificate from the Trade Marks Registry, where required.

• Signed Power of Attorney.

• Requisite official fee, depending on type of work.

 

Q. What is the procedure for registration of copyright?

 

Step 1: Application for registration is made and filed on appropriate form, including Statement of Particulars and Statement of Further Particulars. 

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Step 2: Thereafter, the Copyright Office examines the application(s) and flags discrepancies, if any. If the Copyright Office raises any objections (which are normally procedural in nature), a response will need to be filed.

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Step 3: Mandatory 30-day waiting period to receive any third-party objection(s).

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Step 4: The Copyright Office will then issue the copyright registration certificate(s).

 

Q. How long does it take from filing to registration?

 

No conclusive timeframe. Varies on functioning of the Copyright Office. Currently, may take around 8-12 months.

 

Q. What is the term of the registration?

 

• 60 years from the date of publication.

• In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

 

Q. Is copyright assignable?

 

Yes, either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.

 

Q. How can computer programs be protected under copyright law?

 

Computer Software or program can be registered as a ‘literary work’. The application for registration of copyright for software products requires the submission of the ‘Source Code’ and “Object Code”.

 

Q. Is copyright of foreign works protected in India?

 

Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.

 

Q. Is India a signatory to the Berne Convention?

 

Yes, India is a signatory to the Berne Convention for the Protection of Literary and Artistic works, so copyright protection would extend to other member countries.