Copyright Advisory & Enforcement
In the age of digital content, creators face both incredible opportunity and unprecedented risk. Whether you’re an artist, author, software developer, filmmaker, designer, or content creator, protecting your original work is essential. Copyright law in India offers legal protection for a broad spectrum of original expressions — from literary works to software code.
India’s copyright regime is governed by the Copyright Act, 1957, which provides both economic and moral rights to authors, while also offering remedies against infringement, piracy, and unauthorised commercial exploitation.
What is Copyright?​
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Copyright is a legal right granted to the creator of original works of authorship. It applies automatically upon creation but can be formally registered for evidentiary strength. It protects:
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Literary works (books, blogs, software code)
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Artistic works (paintings, photographs, designs)
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Cinematographic films and TV/web shows
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Sound recordings and music compositions
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Dramatic works and choreographic performances
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Architectural works
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Digital content and website interfaces
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Registration of a trademark grants the exclusive legal right to use the mark in connection with the registered goods or services.
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Copyright Registration in India​
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While copyright protection is automatic, copyright registration serves as prima facie evidence of ownership in legal proceedings. The process includes:
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Filing an application with the Copyright Office
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Scrutiny and objection resolution, if any
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Issuance of Registration Certificate, typically within a few months
Registered copyright can be cited in court proceedings, licensing deals, and platform takedown requests.
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Enforcement of Copyright in India​
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Copyright owners can enforce their rights under civil and criminal law in India. Common instances of infringement include:
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Unauthorized use or reproduction of original works
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Digital piracy and illegal streaming/downloading
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Copying source code or design elements
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Commercial exploitation without a license
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Plagiarism of written or visual content
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Legal Remedies Available
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Injunctions to stop further use
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Damages or profit disgorgement
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Seizure of infringing goods
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Criminal complaints for piracy (punishable with imprisonment and fines)
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Platform takedown notices (YouTube, Instagram, OTT platforms, etc.)
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Copyright Strategy for Creators & Businesses​
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Register original works proactively to strengthen enforcement
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Use clear copyright notices on published materials
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Draft licensing and assignment agreements with defined scope
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Monitor for unauthorised use across print, digital, and social media
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Issue DMCA takedown notices and file civil suits where necessary
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Leverage collective rights organisations (IPRS, RMPL) for royalty collection
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Relevant Laws and Guidelines​
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Copyright Act, 1957 (as amended in 2012)
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Copyright Rules, 2013
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Indian Penal Code – Piracy Provisions
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Berne Convention & TRIPS Agreement (India is a signatory)
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Case laws governing fair use, ownership disputes, and infringement damage
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