The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. More importantly, copyright protects the expressions and not the ideas.

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as Trade Marks.

In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement.

The Copyright application has to be compulsorily filed online. It is not possible to file the application offline. The work and other documents are to be filed along with a printout of the online application at the Copyright office within 30 days of the online filing.

Chapter X of the Indian Copyright Act,1957 and Rule 70 of Copyright Rules, 2013, mention the following procedure about the registration of copyrights in India:

I. Application: An author or applicant can file the application for registration of copyright, himself or via his authorized legal representative. This application can be made by applying physically in the copyright office or through speed/registered post; or through e-filing facility available on the official website of Copyrights Office.

II. Examination: Once the application is filed, a diary number is received. There is a provision of a mandatory wait period of 30 days, so that “No Objection” is filed against the claim made by the author. If some objection is filed against the copyright claim, then it may take one more month. The Registrar of Copyrights gives both the parties an opportunity of hearing the matter. After the decision on the ownership or if the objection is rejected, the application goes for scrutiny. The applicant is asked to remove any discrepancy, if found; within 30 days.

III. Registration: On further submission of documents, if the Copyright Registrar, is completely satisfied with the completeness and correctness of the claim made in the application, he shall enter the particulars of the copyright in the register of copyrights and further issue a Certificate of Registration. Registration completes when the applicant is issued with the copy of entries made in the Register of Copyrights.

Copyright Fees for Literary, Dramatic, Musical or Artistic Work: The amount of INR 500 per work has to be accompanied with the application form, in order to apply for registration of Literary, Dramatic, musical or artistic work.

Yes. Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the copyright Office web-site www.copyright.gov.in

Chapter XIII of the Copyright Rules, 2013, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorized dealers on payment or download from the Copyright Office web-site www.copyright.gov.in

Yes. Both published and unpublished works can be registered. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form XV with prescribed fee. The process of registration and fee for registration of copyright is same.

Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.

Website is commonly collection of interconnected web pages and which is typically recognized by one common domain name. Website is typically hosted on server and then made available to the public with inclusion of different and diverse features such as providing information, scrolling, along with different features which usually include searching, contact gate way etc with single click on hyperlinks or with searching feature. Different facets that build up the website and these different facets or aspects are copyrightable subject matter under the dimensions set forth in Section 13 of Copyright Act, 1957. Therefore, Website as a whole cannot seek Copyright protection as it is combination of various aspects and as the component part of website is different from digital files such as computer programmers, compilation of computer database, paintings, photographs, diagram, graphical notation, sound recordings, text, tables etc. So the, Applicant require to submit a separate application for each component work or content showing on website.

After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise. If no objection is filed, the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days’ time to remove the same. Therefore, it may take around 2 to 3 months’ time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.

As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing. As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).

A Copyrightable Subject matter should include inclusion of idea and unique expression of that respected idea. Further such work should involve substantial human intellectual labor and efforts to make it qualitative subject matter. Mere mechanical act of copying content does not amount work with idea and intellectual efforts as such. Therefore, requirement of degree of originality is prominent enough here to distinguish the work from original and copied at the first place itself. Certificated are definitely reassured facts and proof of something exceptional and have considerable value to consider it as an evidence in the eyes of law but on other hand certificated are monotonous and usually carries the similar set of words to convey its intend. Therefore, Certificates do not qualify as subject matter to be copyrightable as they are deprived of originality and creativity to stand innovative.

An app is complete and manmade computer program which is fashioned to exercise certain function and tasks and simultaneously fulfils the very basic requirement of copyrights veil which is ‘Originality’. Therefore, as par with the Section 2(o) of the Copyright Act, 1957 an app is eligible to seek registration under the same Act, as a literary work. For this purpose, as according to the Rule 70 (5) of the Copyright Rules 2013, applicant requires to submit its application under the software category along with the source and object code to corroborate the motive of registration.