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Copyright Registration

Copyright exists the moment you create the work — registration does not create the right. What it creates is proof: a dated government record you can put in front of a court, a marketplace or an acquirer.

Starts at ₹1,499 + government fee per work

Prima facie evidence30-day objection windowLife plus 60 years

What registration actually gives you

Under the Copyright Act, 1957, copyright subsists automatically in an original literary, dramatic, musical or artistic work, and in films and sound recordings, from the moment the work is created and fixed in some form. There is no requirement to register.

Registration is nonetheless worth doing, because the entry in the Register of Copyrights is prima facie evidence of the particulars recorded — authorship, ownership and date. In a dispute, this shifts the practical burden onto the other side.

For software, it is close to essential. Investors, acquirers and enterprise customers ask for evidence of who owns the code, and a registration with the source code deposited is the cleanest answer available.

Where it matters

Evidence in court

The register is prima facie evidence of the particulars entered, which is difficult and expensive to replicate with private records.

Software ownership

Registration with source code deposited establishes ownership of code, which diligence exercises ask about routinely.

Marketplace takedowns

Amazon, YouTube, Flipkart and app stores process infringement complaints far faster against a registration number.

Long term

Literary, dramatic, musical and artistic works are protected for the author’s life plus sixty years.

Licensing and assignment

A registered work is materially easier to license, assign or use as security, because title is documented.

Author versus owner

Registration is where the distinction between the creator and the employer or commissioning party gets recorded properly.

Documents required

All applications

  • Two copies of the work being registered
  • Details of the author, including nationality and, if deceased, date of death
  • Details of the owner, where different from the author
  • Power of attorney where filed through an agent
  • No-objection certificate from the author, where the applicant is not the author

For software

  • Source code — first and last ten pages, or the complete code where it is shorter
  • Details of the programming language and platform
  • Assignment or employment agreements establishing ownership of the code

Where a trademark is involved

  • Search certificate from the Trade Marks Registry, where the artistic work is used or capable of being used on goods or services
  • No-objection from the trademark proprietor, where applicable

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How registration runs

  1. Classify the workDays 1–2

    Literary, artistic, musical, software, film or sound recording. This determines the form, the fee and what has to be deposited.

  2. Establish ownershipDays 2–7

    Employment and commissioning arrangements decide who owns the copyright. Where the chain is unclear, assignments are drafted first.

  3. File the applicationDays 7–10

    Application filed with the Copyright Office with the work and supporting documents.

  4. Objection windowDays 10–40

    A mandatory thirty-day waiting period follows, during which third parties may object.

  5. Examination and registrationMonths 4–12

    Absent objection, the application is examined and, if in order, entered in the Register of Copyrights.

Transparent pricing

Single Work

1,499

one literary or artistic work

  • Work classification
  • Application filed
  • Objection window monitored
  • Registration certificate
  • Ownership assignments
  • Objection response
Choose Single Work
Most popular

Software

4,999

code with ownership chain

  • Everything in Single Work
  • Source code deposit prepared
  • Employment and contractor assignments
  • Objection response included
  • Portfolio filing
Choose Software

Portfolio

14,999

up to 5 works

  • Everything in Software
  • Up to 5 works registered
  • IP ownership audit
  • Assignment deeds drafted
  • Takedown notice templates
Choose Portfolio

All prices are professional fees exclusive of GST at 18%. Government fees and stamp duty are charged at actuals and shown before you pay.

The ownership question nobody asks early enough

Employees versus contractors

Work created by an employee in the course of employment generally belongs to the employer. Work created by an independent contractor generally belongs to the contractor, unless there is a written assignment. Startups that built their product through freelancers, and never took assignments, frequently discover during diligence that they do not own their own code. Fixing this later requires the cooperation of people who have moved on.

Copyright and trademark protect different things

Copyright protects the artistic expression of a logo. A trademark protects its use as a badge of origin for particular goods and services. A logo genuinely needs both, and registering only the copyright leaves you unable to stop a competitor using a similar mark in trade.

Ideas are not protected

Copyright protects expression, never the underlying idea, method or concept. A business plan, a game mechanic or an algorithm as such is outside it. The written document is protected; the idea it describes is not.

The thirty-day window is mandatory

Every application waits thirty days for objections before it can be examined. This cannot be shortened, so registration is never an emergency remedy. Where a dispute is imminent, file early rather than reactively.

Moral rights survive assignment

Under section 57, an author keeps the right to be identified as the author and to object to distortion of the work, even after assigning the economic rights entirely. This surprises companies that believe a full assignment leaves the creator with nothing.

Applications are filed with the Copyright Office, which operates under the Department for Promotion of Industry and Internal Trade.

Using the registration

Mark published works with a copyright notice, the owner’s name and the year. It is not required for protection but it removes any argument that infringement was innocent, which affects the remedies available.

Keep the assignment chain documented. Every contractor, agency and freelancer who touched the work should have signed an assignment. This is the document a buyer’s lawyer asks for, and its absence is a genuine deal issue.

For software, re-register significant new versions. A registration covering an early version says little about a product that has been rewritten since.

Frequently asked questions

Is copyright registration mandatory in India?

No. Copyright subsists automatically from the moment an original work is created. Registration is optional, but the entry in the register is prima facie evidence of authorship, ownership and date, which matters a great deal in a dispute.

How long does copyright registration take?

Usually four to twelve months. A mandatory thirty-day objection window follows filing before the application can even be examined, so it is never a quick remedy.

Can I copyright software?

Yes. Computer programs are protected as literary works. Registration involves depositing source code — typically the first and last ten pages — along with documents establishing the ownership chain.

Who owns work created by a freelancer?

The freelancer, unless there is a written assignment. Work by an employee in the course of employment generally belongs to the employer. This distinction causes serious problems in diligence when contractor assignments were never taken.

How long does copyright last?

For literary, dramatic, musical and artistic works, the author’s lifetime plus sixty years. For films, sound recordings and photographs, sixty years from publication.

Do I need copyright or a trademark for my logo?

Both, ideally. Copyright protects the artistic expression of the design; a trademark protects its use as a brand for particular goods and services. Only the trademark stops a competitor trading under a similar mark.

Reviewed by Vijay DhawanManaging Partner, LexVerge LLP · reviewed for accuracy under the Companies Act, 2013 and current MCA/GST/Income-tax rules

Official references

The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.

Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.

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