Last Updated on March 30, 2026
Creativity is the key to success. A developed economy is a creative economy. For the country’s economic and social development, we must think outside the box and set our standards by developing original work. This is where copyright laws come into play.
How? Once you do something creative and innovative, you will want to protect it because you have invested your time and hard work. Moreover, you would have put your intellect into it. Certainly, it’s a human tendency to protect what is yours. That’s when people will file for copyright.
The Indian Copyright Law does not clearly define the term “copyright”. Copyright is a right given by the law to creators, composers, artists, and producers. Thus, any other person who copies the original work would be infringing under the Copyright Act.
Copyright can be claimed for almost anything – be it a script, art, drama, music, compositions, or cinema – the only criterion it must satisfy is that it be Original and not in the public domain. If these are satisfied, then voila!! You can copyright your work.
Let’s understand the difference between Original Work and Work available in the Public Domain
One peculiar thing about copyright law is that it protects only works that are truly original and emphasise creativity. There is another kind of work called derivative work, which is a remake, remix, or new version of pre-existing work that is again original in its own way and also involves creativity.
Let’s define the term original work:
As per the Copyright Act, the term is not defined anywhere, and we have to rely on various judicial pronouncements to define original work. The Court has interpreted section 13 of the Act to determine the term Originality. The following parameters are to be considered:
- Whether the idea and expression are intrinsically connected.
- Whether the work was created with skill and labour by the author.
- Whether the work possesses a minimum degree of creativity
- Whether the work is created with mere skill and labour, or whether the work possesses skill and judgment.
Once these parameters are determined and the answers are affirmative, your work is original and copyrightable.
Cost for Obtaining Copyright Registration in India
As for costs, the official government fees for copyright registration in India generally range from INR 500 to INR 5,000, depending on the type of work and whether the application is filed by an individual or a company.
| S.no | Description of work | Cost of filling (Government fees), |
| 1. | For an application for registration or copyright in literary, dramatic, musical, or Artistic work |
Rs. 500/- per work |
| b) Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45) | Rs. 2000/- per work | |
| 2. | For an application for registration of Copyright in a Cinematograph Film (Section 45) | Rs. 5000/- per work |
| 3. | For an application for registration of copyright in a Sound Recording (Section 45) | Rs. 2000/- per work |
Benefits of Copyright Registration in India
- Record of public ownership:
Having a registered copyright will help the author of the work to present the record of ownership to the public. Ownership is always a major deciding factor in all infringement cases, and therefore, having a valid record of ownership will act as prima facie evidence.
- Presumption of ownership:
Until the contrary is proved, the one with the registered copyright work will be the owner of the work. Anyone challenging the ownership will have to prove beyond a reasonable doubt that it is invalid.
- Enforcement in case of infringement
An unregistered copyright owner can still take certain legal actions to prevent infringement, such as sending cease-and-desist notices. However, registration is highly recommended, as it serves as prima facie evidence of ownership in court and simplifies the legal process if you need to file a civil suit.
- Prevention of monetary loss
One of the main benefits of registration is to avoid other monetary losses that can result from piracy of the copyrighted work. In certain cases, such as website or software piracy, it has become a legal issue and resulted in financial losses for many companies.
- Protects the reputation of the owner of the work
Once a work is copyrighted, no one can use the work without the prior permission of the owner. This is a benefit conferred upon the owner, as the work and the person’s reputation can easily be protected.
But what if the first publisher of the work has not done the registration of the work? Can he still protect his work?
It is the basic conception that registration follows copyright and not vice versa. Unlike the other IPR Regulations, the Copyright law does not mandate the registration of the copyright. However, it is always advisable to register it, as it serves as prima facie evidence. Nonetheless, the only thing that matters for the first publisher is that the work be original; if that condition is met, the publisher can easily protect it.
As a matter of fact, copyright subsists in a work whether registered or not. If the conditions set out in Section 51 are met, it would constitute an infringement. To succeed in the infringement claim, the owner must demonstrate that three main elements are present:
- proof of ownership of a valid copyright,
- evidence that the allegedly infringing work is substantially similar to the protected work, and
- the infringer had access to or knowledge of the original work.
As far as copyrighted works are concerned, the similarity in the material will be tested to check for infringement. However, if the publisher
- Grants a license to anyone to use his work or,
- Sells any part of the work in public or
- Fair use of the work is claimed.
In such circumstances, the publisher will lose or extinguish his rights of protection.
Therefore, in a nutshell, copyright law does not necessarily require registration of the work for claiming protection under the law. However, IPR Attorneys always advise that to claim additional benefits, registration is necessary.
Procedure for Applying Copyrights in India
Before looking into the procedure, it is always better to have a checklist of documents required for a smooth registration.
Here is the checklist, which will be handy for the applicants:
- 3 copies of the work, in case of published work, and 2 copies of the work in case of unpublished.
- If the applicant is not the owner/author of the work, authorisation from the original owner
- Particulars regarding
- Title and language of the work
- Name, address, and nationality of the applicant
- Contact details – phone number, email ID of the applicant
- In case the applicant is not the owner of the work, then details of the owner of the work, i.e., name, address, nationality, and contact details.
- In case the owner is dead, the owner’s death certificate.
- No-objection certificate from the original author/owner/publisher of the proposed copyright work.
- Special requirements:
- If the work pertains to any object, then a no-objection certificate from the trademark officer is required.
- If the work is published, the year and address of the first publication
- If the copyright pertains to any software, source code, or object code of the software.
- If the application is filed by a lawyer, a Vakalatnama or Power of Attorney, duly signed by the attorney and the parties, is required.
Step-by-step procedure to file a copyright:
The process of filing copyrights is a very hassle – free and easy process.
Step – 1: Filing of the Application:
The Applicant or the agent appointed can either physically or by speed post/courier or e-fling file an application under Form XIV of the Copyright Rules, 2013 for the registration of copyright, along with the prescribed fees (as per https://copyright.gov.in/frmFeeDetailsShow.aspx) and the essential documents stated above.
Separate applications have to be filed for each work. After receiving the application, the registrar will issue a diary number to the said application.
Step- 2: Examination of the application:
After the issuance of the diary number, the examiner of copyrights will review the application within 30 days of filing the application, during which he/she shall call for objections to the said copyright. There is a two-fold aspect in this step:
- If no objections are raised, the examiner of copyright will proceed to the next step and scrutinise the documents for discrepancies, if any.
- In case any discrepancies arise, a letter of discrepancy is sent to the applicant, and the applicant is given time to file a reply to the examination report, based on which the examiner will set the hearing of the application. Once the issues are resolved, the application is sent for registration.
- In case there are zero discrepancies, the application is directly sent for registration.
- In case any objection is raised, then the following procedure is to be followed:
- The registrar will issue a letter of objection to both parties, and a hearing will be held.
- If the registrar is satisfied after the hearing, the application proceeds to scrutiny, and the above procedure is followed.
- If the objection is not clarified or resolved, the application is rejected, and a rejection letter is sent to the applicant.
Step – 3: Registration:
Once the entire examination process is complete, the registrar will issue a certificate of copyright registration and enter all copyright details in the register of copyrights.
Registration of Copyrights
Thus, the whole idea of copyrights is to acknowledge the originality and creativity of the work. Although the process appears small on the surface, it is, in fact, time-consuming and may take approximately 12 to 15 months from application to the grant of a certificate. Typically, the registration timeline depends on how quickly objections are addressed and how smoothly the examination proceeds.
How can we help?
We will help you prepare the FORM XVI, fill out the form, and help you overcome objections and register the work. When you accurately complete the form, it helps you avoid registration delays. Have your work copyrighted today with us.




