Copyright Registration and Infringement of

copyright under Indian Copyright Act, 1957

Work can be registered using a copyright

In India, copyright can be taken for original works that fall in the area of:

• Musical works,
• Literary works like books and manuscripts,
• Cinematography films,
• Fashion designs,
• Artistic works like paintings,
• Performances,
• Software and other computer programs and compilations, etc.

However, it must be remembered that copyright does not protect titles, names, ideas, concepts,
slogans, methods, and short phrases.

Need for copyright

When you create original work then copyright is acquired automatically. The question which then
arises is why you need to get it registered. To answer this, let’s look at an illustration.

Suppose A made a painting after working day and night and putting in a lot of sweat and effort into
it. He then put it up on his website for others to see. After a few months, A noticed that someone
else had copied it and was making money off it. What did he do? Of course, he sued the person in
the court of law. Now, because he had copyright, he could use it as evidence in the court and prove
that it is his painting and the infringer must be punished.
Through this illustration, we can observe that registered copyrights protect your work and prevent
others from using it to their own advantage.

Let’s discuss some benefits of getting copyright registered for your work:

• Copyright registration creates a public record. It tells the world that your work is
protected by copyright and also enables a person who wants to licence your work to
find you.
• It enables you to file a lawsuit and take legal action against someone who infringes
your copyright, say by selling copies of your work without your permission.
• It provides you with economic benefits by entitling you to use your work in various
ways like making copies, performing in public, broadcasting your work etc, and availing
appropriate reward for it. Thus, it provides you with a reward for your creativity.
• It allows you to sell or pass the rights of your work.
• It allows you to get legal evidence of your ownership. So if someone prevents you
from using your work, you can just use your copyright to prove that it’s your work and
you have a right to use it.
• It allows you to change the form of your work. For example, it allows you to make a
sequel or revise or update the work.

Person who can register a piece of work with

the Registrar of Copyrights
If you made a new painting using your mind and talent. Can anyone get a copyright for it? Of
course not. Let’s see who is legally entitled to get a copyright for his/her work.

The following people are entitled to submit an application to get a copyright:

The author

The author of the work is:

1. Either the person who actually created the work, or

 2. If made during the scope of employment, then the employer. This is considered as ‘work
made for hire’.
3. Such an author is legally allowed to get a copyright for his/her work.

The owner of exclusive rights

The copyright law can grant a person exclusive rights to control and use and distribution of an
original work. These rights include the right to reproduce or make copies of the original work, the
right to distribute copies of the work, the right to publicly display the work, the right to perform
the work and the right to alter the work and make derivatives of the original work. The owner of
such exclusive rights is permitted to apply for registering his or her claim in the work.

The copyright claimant

This is either:

1. The author, or
2. A person or an organization that has obtained ownership rights from the author through
a written contract, will etc.

The authorized agent

This refers to any person authorized to act on behalf of either:

1. The author, or
2. The copyright claimant, or
3. The owner of an exclusive right.

It must also be mentioned here that there is no age bar for getting a copyright and a minor is also
entitled to register a copyright. This is because copyright law recognised creativity and understands
that age cannot be a restriction on creativity. Also, in case the work is created by two or more
people then the creators of the work are co-owners unless they have agreed otherwise.
Process of Registration

Essential documents required for copyright registration

Before we discuss the procedure which you must follow if you want to get your work registered
under the Indian Copyright Act, 1957, we must look into the essential documents that you require
for smooth registration.

Though there are some special requirements for different kinds of work, broadly the essential
requirements are:

• 3 copies of the work if the work is published;

• If the work is not published, then 2 copies of manuscripts;
• If the application is being filed by an attorney, then special power of attorney or
vakalatnama signed by the attorney and the party;
• Authorization in respect of work, if the work is not the work of the applicant;
• Information regarding the title and language of the work;
• Information regarding the name, address and nationality of the applicant;
• Applicant must also provide his mobile number and email address;
• If the applicant is not the author, a document containing the name, address and
nationality of the author, and if the author is deceased, the date of his death;
• If the work is to be used on a product, then a no-objection certificate from the trademark
office is required;
• If the applicant is other than the author, a no-objection certificate from the author is
required. In this case, an authorization of the author may also be required;
• If a person’s photo is appearing in the work, then a no-objection certificate from such
person is required;
• In case the publisher is not the applicant, a no-objection certificate from the publisher
is required;
• If the work is published, the year and address of first publication is also required;
• Information regarding the year and country of subsequent publications;
• In case of copyright is for software, then source code and object code are also required.
Procedure for registering a copyright
Now that we understand who is entitled to get a copyright and what essential documents they must
have to get it registered, let’s see how you can register your original work with the copyright
registrar under Chapter X of the Indian Copyright Act,1957 and Rule 70 of the Copyright Rules’
2013.

The steps involved in the registration process are:

Step 1: File an Application

In the first step :

• The author of the work, copyright claimant, owner of an exclusive right for the work or
an authorized agent file an application either physically in the copyrights office or
through speed/registered post or through e-filing facility available on the official
website (copyright.gov.in).
• For registration of each work, a separate application must be filed with the registrar
along with the particulars of the work. Along with this, the requisite fee must also be
given, Different types of work have different fees.

For example, getting the copyright for an artistic work registered, the application fees is INR 500,
while for getting the copyright for a cinematograph film registered is INR 5000. The application
fees range from INR. 5000 to INR. 40000. It can be paid through a demand draft (DD) or Indian
postal order (IPO) addressed to the Registrar of Copyright Payable at New Delhi or through e-
payment facility. This application must be filed with all the essential documents.

At the end of this step, the registrar will issue a dairy number to the applicant.

Step 2: Examination
In the next step, the examination of the copyright application takes place.
Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period,
the copyright examiner reviews the application. This waiting period exists so that objections can
arise and be reviewed. Here the process gets divided into two segments:

• In case no objections are raised, the examiner goes ahead to review and scrutinize the
application to find any discrepancy.
1. If there is no fault and all the essential documents and information is
provided along with the application, it is a case of zero discrepancies. In this
case, the applicant is allowed to go forward with the next step.
2. In case some discrepancies are found, a letter of discrepancy is sent to the
applicant. Based upon his reply, a hearing is conducted by the registrar. Once
the discrepancy is resolved, the applicant is allowed to move forward to the
next step.
• In case objections are raised by someone against the applicant, letters are sent out to
both parties and they are called to be heard by the registrar.
1. Upon hearing if the objection is rejected, the application goes ahead for
scrutiny and the above-mentioned discrepancy procedure is followed.
2. In case the objection is not clarified or discrepancy is not resolved, the
application is rejected and a rejection letter is sent to the applicant. For such
applicant, the copyright registration procedure ends here.

Step 3: Registration
The final step in this process can be termed as registration. In this step, the registrar might ask for
more documents. Once completely satisfied with the copyright claim made by the applicant, the
Registrar of Copyrights would enter the details of the copyright into the register of copyrights and
issue a certificate of registration.

The process registration of copyright completes when the applicant is issued the Extracts of the
Register of Copyrights (ROC)1.

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https://blog.ipleaders.in/copyright-registration/
Meaning of Copyright Infringement
Use of any copyrighted work without the permission of the owner amounts to copyright
infringement. Infringement occurs when a person intentionally or unintentionally
copies/uses the work of another without credit. Infringement is usually classified into two
categories- primary infringement and secondary infringement.

Primary infringement is the actual act of copying, while secondary infringement includes
unauthorised dealings like selling the pirated books, importing, etc. In the case of secondary
infringement, knowledge of infringement is present with the infringer while in the case of
primary infringement, knowledge may or may not be present.

When does Copyright infringement occur?

In India, copyright infringement occurs when-

1. Copies of copyrighted work are made for sale/hire without permission or authority,
like in the case of online piracy
2. A copyrighted work is performed in a public place
3. Infringing copies are distributed for the purpose of trade and personal gains
4. Public exhibition of infringing copies by way of trade prejudicial to the owner
5. Infringing copies are imported from another country into India

What does not amount to infringement?

There are certain acts that do not amount to copyright infringement. However, there are
some conditions that must be fulfilled to ensure that copyright infringement has not
occurred. These conditions include the use of a copyrighted work for research, study,
criticism, review, news reporting, use in a library, schools, and legislations. Such uses
of copyrighted work are permitted without the need to obtain permission from the
copyright owner.

Other acts that do not amount to copyright infringement in India are:

1. Fair use: An important defence against copyright infringement, defined under

Section 53 of the Copyright Act. The burden of proof of an act of copyright
infringement is on the owner
2. Connected judicial proceeding
3. Performance by an amateur club or society, if the performance is in front of a non-
paying audience
4. Making sound recordings of literary, dramatic, or musical works under certain
conditions

Actions against Copyright Infringement

The key requirements for taking an action against copyright infringement include:

1. Proof of ownership of copyright

2. Substantial similarity between the original and the infringed copy
3. Copying amounts to improper appropriation
The first thing to do is to send a legal notice for copyright infringement to the person or
entity guilty of copyright violation. In the case of online copyright infringement, a takedown
notice may be sent to the person or company involved. A copyright owner can take several
actions against copyright infringement under the civil and criminal laws.

The civil actions against copyright infringement are given under Section 55 of the Copyright
Act, 1957. Under a civil action against copyright infringement, the court can grant the
following reliefs:

1. Interlocutory Injunction: It is the most important relief as it prevents the infringer

from doing anything that amounts to copyright infringement.
2. Financial Relief: Under Section 55 and Section 58 of the Copyright Act, the copyright
owner can claim three remedies- profits which lets the owner get the profits made
through an unlawful act, compensatory damages and conversion damages
calculated according to the value of the infringing article.
3. Anton Pillar Order: It restrains the infringer from dealing in infringing goods or
destroying them. It also allows the copyright owner and his lawyer to enter and
search the premises of the infringer and take goods into safe custody. Under this
order, the infringer is required to disclose the names of all the suppliers and
customers of infringing goods.
4. Mareva Injunction: It is an order under which the court gets temporary custody of
infringing goods, thereby preventing any chances of disposal.
5. Norwich Pharmacal Order: It is passed to discover information from a third party.

What happens if you Infringe a Copyright?

Under the Copyright Act, 1957, criminal action against copyright infringement can also be
taken. The person found guilty of copyright infringement would be liable for punishment for
imprisonment for not less than 6 months and up to 3 years, or fine of at least Rs. 50,000
to Rs. 2 lakhs.

Under the criminal action taken against copyright infringement, a search and seizure of
infringing goods may also be ordered by the court and the infringing goods may be
delivered to the actual copyright owner. To file a case against copyright infringement, find a
lawyer to fight your case from our list of top copyright lawyers.

How to Avoid Copyright Infringement?

Here are some tips from the best copyright lawyers to avoid copyright infringement:

1. If you are not using an original literary, artistic or musical work, it is important to
check all the licenses and permissions. Many copyright owners allow their work to be
used without the need for direct permission, whereas, most copyright owners allow
the use of their work only after you obtain a license or permission from them.
2. Make sure that you use a copyrighted work under the ‘fair use’ policy for educational
or research purposes.
3. When getting a copyright for your work, consult a copyright lawyer to make sure that
you are not infringing an already existing work.i
Conclusion
Creativity is the most essential requirement to enable progress in society. Encouraging creativity
enables economic and social development of a society. Copyright protects the creativity of
people and becomes a source of motivation for the artists, authors, etc. Registering your work with
the Registrar of Copyrights provides you with the right to reproduce it, the right to adapt the work,
right to paternity and right to distribute the work.

Though it looks easy, the copyright registration process is a lengthy but important process which
can take up to 10 to 12 months. It is always advisable to get your copyright registered. This is
because it can go a long way in protecting your rights for years, even after your death.

Once your copyright is registered, it becomes much easier to move to the court and get the person
who illegally copied your work punished. To provide adequate protection to copyright holders, the
Copyright Act, 1957 provides imprisonment from six months to three years and a fine of not less
than INR 50,000 in case your right is infringed by someone.

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https://www.myadvo.in/blog/copyright-infringement-in-india/

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