Copyright is a form of intellectual property that grants the creator of an original work,
exclusive rights to its use and distribution, with the intention of enabling the creator of
intellectual wealth to receive compensation for their work. Original works of authorship
such as literary works, dramatic, musical and artistic works, computer software (mobile or
any other), cinematographic films and sound recordings. In short everything that can be
penned into a paper having created solely by its author. A copyright registration is valid for
the entire lifetime of the applicant holder + 60 years.
Literary work (i.e. books, articles, notes, texts, etc.)
Artistic work (i.e. Logo, design, etc.)
Software or computer program (mobile, desktop or any other)
Websites and web content.
Cinematographic film and photographs.
Sound recording (i.e. song, record, cassette, CD, etc.)
Dramatic and musical work (i.e. skit, play, movie, etc.)
Work of architecture.
The copyrighted work cannot be copied by anyone else. This helps maintain the originality
of the work and makes the creator of the work the sole receiver of any consideration
receivable for the work.
The certificate (where the details of the work are entered on registration) is the prima facie
evidence in all courts.
If the work is used without permission by anyone else, it is a cognizable offence i.e. one can
directly file a police complaint to stop the misuse of the work.
One does not have to go the court near the place where the infringement has occurred, the
owner of the copyrighted work can file a complaint in a court near him and the respondent
regardless of where he or she is situated will have to appear before the court where the
appeal is filed.
The owner of the work can reproduce the work in any material form including storing of it in
any medium such as electronic means, etc.
In case of computer program the rights also includes to sell or give on hire, any copy of the
Courts are empowered to grant the following relief in case of infringement of copyright:
Temporary and permanent injunction (Prohibition to continue the act of infringement).
Impounding and destruction of all infringing copies.
Actual monetary damages plus the infringer’s profits.
Statutory Costs – Court charges and reasonable attorneys’ fees.
In addition to civil remedy, the Copyright Act enables the owner of a copyright to take
criminal proceedings against the infringer.
The offence of infringement is punishable with imprisonment which may extend from a
minimum period of 6 moths to a maximum period of 3 years and a fine of Rs. 50,000 to Rs. 2
To get your Copyright Registered, it needs to be applied with the Copyright Office, HRD
Ministry Government of India, New Delhi, India. There is only 1 office in India situated in
Yes, if an exact copy of the work already exists with the Copyright Office the application will
get rejected. As per the Copyright Act, if there is any original aspect added to the work
already registered you will be given a new certificate. Awareness about copyrights in India is
so less that a chance of registration being already present is very rare.
I have a brand name and a logo, do I get it trademark or copyrighted? A Trademark is done
for the brand name, whereas a copyright is for an artwork which can be a book, script, logo,
Generally it takes around 4 to 6 months to get it registered. We have also been able to
obtain it within 1 month where the work is fairly simple and the client follows all the
instructions given by us on time.