As per the Copyright Law in India, copyright subsists in all original published or unpublished literary, artistic works etc.
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright protection. However, it is advisable to apply for registration of Copyright in India for its evidentiary value.
The Copyright Law in India at present is governed by the Copyright Act, 1957 (As amended in 2012) alongwith the Copyright Rules, 2013.
The first Copyright legislation in India was the Indian Copyright Act, 1914 which was essentially based on the U.K. Copyright Act, 1911, and had borrowed extensively from the new Copyright Act of the United Kingdom of 1956.
The Copyright Act today is compliant with most international conventions and treaties in the field of copyrights.
India is a member of the Berne Convention of 1886 (as modified in Paris in 1971) as well as the Universal Copyright Convention of 1951.
Therefore, work created in other member states is accorded protection in India as well. Though India is not a member of the Rome Convention of 1961, WIPO Copyrights Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT),
the Copyright Act is compliant with it. The 2012 amendments have made the Indian Copyright Law compliant with the WCT and WPPT.
Copyright protection in India is granted in respect of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
It is essentially a bundle of rights including but not limited to rights of reproduction, communication to the public, adaptation and translation of the work. Slight variations in the composition of the rights are possible depending upon the kind of work.
Registration of copyright is not mandatory. However, it is advisable to apply for registration of Copyright as the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
The Copyright Act of 1957, as amended in 2012, is available here.
The Copyright Rules of 2013 are available here.
For more information on Copyright in India please write to us at: firstname.lastname@example.org