Copyright Law in India (2025)
Introduction
India’s copyright regime is governed primarily by the Copyright Act,
1957, as amended over the years—the most recent significant update
being the Copyright (Amendment) Act, 2023. The law is designed to
encourage creativity by granting creators exclusive rights and remedies,
while balancing public interest through fair dealing exceptions and
compliance with international treaties
1. Subsistence of Copyright
1.1 Requirements for Protection
Originality: The work must originate from the author’s own skill and
labor and must not be a direct copy of any pre-existing work. The
concept of originality in Indian law is inferred from case law, not strictly
defined in the Act.
Expression, not ideas: Indian copyright law does not protect ideas,
concepts, or facts—only the tangible expression of ideas receives
protection.
Fixation: Works must be fixed in a tangible medium (writing, recording,
etc.) to be eligible.
1.2 Scope: What Works Qualify?
India observes a “closed list” of work categories for copyright, as follows:
Original literary, dramatic, musical, and artistic works (including
computer programs and databases)
Cinematograph films (visual recordings, including soundtracks)
Sound recordings (regardless of the medium).
Each category is broadly defined to accommodate evolving forms of
creative expression.
1.3 Exclusions from Protection
Ideas, procedures, or methods
Titles, short phrases, slogans, and factual information
Names and headlines
News and current events
Works that are wholly unoriginal or infringe upon prior copyright
Certain government publications and court judgments (although editorial
notes may be protected)
1.4 Duration of Copyright
Literary, dramatic, musical, and artistic works: Life of the author
plus 60 years from the year following death.
Cinematograph films and sound recordings: 60 years from the year
following their publication.
Corporate, anonymous, or pseudonymous works may have different
terms.
2. Copyright Registration & Legal Effects
2.1 Automatic Protection
Copyright arises automatically upon creation and fixation of the work;
registration is not mandatory.
2.2 Registration Procedure
Registration offers legal advantages—such as serving as prima facie
evidence of ownership in court.
The applicant files with the Copyright Office. If no opposition is received
within 30 days, the work is examined and—if clear—registered.
2.3 Role of Registration in Enforcement
The Register of Copyrights and a registration certificate can be crucial in
infringement litigation, although both registered and unregistered works
enjoy protection under law.
3. Scope of Rights Granted
3.1 Exclusive Rights for Copyright Owners
Reproduction, publication, and adaptation
Performing or communicating to the public
Translation and arrangement of literary or musical works
Making cinematograph films and sound recordings
Commercial rental rights for certain works
3.2 Moral Rights
Even after transferring copyright, the author retains the right to:
Claim authorship
Object to distortion, mutilation, or modification of their work
4. Infringement & Exceptions
4.1 What Constitutes Infringement?
Infringement occurs when a protected work is used or exploited without
authorization in a manner reserved for the copyright owner (such as
unauthorized copying, distribution, public performance, or adaptation).
4.2 Fair Dealing and Statutory Exceptions
Certain uses are not considered infringement, including:
Private or personal use, including research
Criticism, review, or news reporting
Educational use by teachers and students
Use in judicial proceedings
Limited use for the benefit of physically challenged individuals
5. Enforcement, Remedies & Penalties
5.1 Enforcement
Civil remedies: Injunctions, damages, account of profits, and delivery up
of infringing copies
Criminal remedies: Imprisonment (up to three years), fines (up to ₹10
lakh for commercial infringement)
Administrative remedies: Seizure, forfeiture, and destruction of infringing
goods
5.2 Amendment Highlights
Stronger penalties and explicit mechanisms for digital and online
infringement, including takedown obligations for internet service
providers and content-hosting platforms
Establishment of a dedicated Copyright Enforcement Authority with
investigatory and enforcement powers.
6. Overlaps with Other IP Rights
Designs: If a design is registered under the Designs Act, copyright
ceases for mass-produced articles featuring that design beyond a
threshold.
Trademarks: Some artistic works can qualify for protection under both
trademark and copyright law (such as logos and labels).
Database rights: While “literary work” includes databases, only those
involving creativity or originality in selection/arrangement are protected.
7. International Treaties and Compliance
India is signatory to major international treaties:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement
Indian copyright law is aligned with these standards, protecting both
domestic and foreign works and granting reciprocal rights to foreign
copyright owners.
8. Recent Developments and Current
Trends
8.1 Digital Works
Clarification that computer software, source and object code, and digital
databases are fully protected. The updated law addresses internet
piracy, streaming services, and integrates with international digital
copyright standards.
8.2 Enforcement Trends
More stringent enforcement efforts through specialized tribunals,
digitization of the registration process, and increased penalties for repeat
and online offenders.
Conclusion
India’s copyright law is both robust and dynamic, continually evolving to
address new creative forms and technological challenges. The Copyright
Act balances the rights of creators with the needs of the public, ensuring
both protection and access in the digital age.
