Copyright is a right given by the law to creators of

• Literary Works;
• Dramatic Works;
• Musical Works: "Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection;
• Artistic Works: A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship;
• Producers of Cinematograph Films: "Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films; and
• Sound Recordings: "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea. Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.

Copyright for an APP

An App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called 'Apps' for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.

An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose, applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.

It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.

Copyright for WEB SITE

A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means such as scrolling webpages, using internal hypertext links or a search feature.

Website usually consists of different rudiments which may be copyrightable subject matter that falls within any one of the classes of works set forth in Section 13 of Copyright Act, 1957. The component parts of website can be in different form of digital files such as text, tables, computer programmes, compilations including computer databases (“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”.

Website as a whole is not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or ‘look and feel’ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols. Applicant is required to submit a separate application for each component work/content appearing on a website.

The general rule is that copyright lasts for 60 years. 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. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

There is no renewal of copyright under Indian law as neither registration nor renewal are required for subsistence of copyright in a work for its entire term.

The following documents are required to register a copyright:

1. Artistic Work in pdf/jpg format
2. Sound Recording Work in mp3 format.
3. Literary/Dramatic work in pdf format, less than 10 MB.
4. Software work in pdf containing at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.
5. Scanned Signature of the applicant before 512KB in jpg format.

The Copyright can be registered in India in the following procedure:

• Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
• Separate applications should be made for registration of each work;
• Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
• d. The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

Both published and unpublished works can be registered. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

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.

Online Application Process:

• 1

  Enter your valid User ID and Password to login.

• 2

  Click onto New User Registration, if you have not yet registered.

• 3

  Note down User ID and Password for future use.

• 4

  After login, click on to link “Click for online Copyright Registration”.

• 5

  The online “Copyright Registration Form” is to be filled up in four steps

  1. Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to move to Next Step.
  2. Signature to be scanned in 512 KB and kept ready for uploading.
  3. Fill up the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step.
  4. Fill up the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entered details, and press Step 4 to move to Next Step.
  5. Make the payment through Internet Payment gateway
• 6

  After successful submission of the form, Diary Number will be generated.

• 7

  Attach documents:

  1. Artistic Work to be uploaded in pdf/jpg format.
  2. Sound Recording Work to be uploaded in mp3 format.
  3. Literary/Dramatic work to be uploaded in pdf format, less than 10 MB, keep ready.
  4. Software work to be uploaded in pdf format, less than 10MB (ie. *Pdf containing at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions).
• 8

  Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print) of “Copyright Registration Form”, and send it by post to Copyright Division, Department For Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078, Email Address: copyright@nic.in, Telephone No.: 011-28032496.

The following table shows the fee payable for the work to be registered as a Copyright:

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Our clients have access to free support from an expert team. We are always on standby to help. If you need assistance at any point before, during, and after the registration of your company, you will be able to reach us by telephone or email.

If you have any kind of Copyright Registration related requirements, feel free to write to us or talk to one of our representatives and we will get back to you within 24 hours.