Copyright

Copyright in India

At S.S. Rana & Co., we provide comprehensive copyright services tailored to creators, businesses, and institutions across industries. Our expertise spans both contentious and non‑contentious aspects of copyright law, ensuring proactive protection, enforcement, and strategic exploitation of creative and digital works.

Our Copyright Services

• Copyright Registration & copyright Prosecution: Filing and securing copyrights for literary, artistic, dramatic works, cinematograph films, sound recordings, and other protected subject matter in India and globally.
• Copyright Advisory & Copyright Licensing: Drafting and negotiating license agreements, copyright assignments, and permissions for authorized use of copyrighted works.
• Due Diligence & Clearances: Evaluating copyright ownership, risks, and clearance for acquisitions, collaborations, and commercial exploitation.
• Copyright Enforcement & Copyright Litigation: Advising on copyright infringement actions, statutory remedies, civil suits, and strategic enforcement to protect rights of copyright owners.
• Strategic Rights Management: Portfolio management, royalty structuring, anti‑piracy measures, and exploitation strategies to maximize value from creative works.

Our copyright practice is integrated with broader intellectual property and corporate law services, enabling holistic support across the lifecycle of creative assets.

Understanding Copyright in India

Copyright is a fundamental intellectual property right that provides automatic protection to original creative works including literary, artistic, dramatic, musical works, cinematograph films, sound recordings, and more. In India, copyright arises the moment a work is created and expressed in a tangible form; registration is not mandatory but is strongly recommended for evidentiary purposes and efficient enforcement.

Legal Framework

• The core legislation is the Copyright Act, 1957, which has been amended multiple times to address evolving needs.
• The Copyright Rules, 2013 further govern procedural aspects of registration and administration.

Key Aspects of Copyright Law

• Automatic Protection: Rights vest immediately on creation in a fixed form.
• Copyright Registration: Optional but useful as prima facie evidence of copyright  ownership.
• Duration of copyright: For most works, protection extends for the lifetime of the author plus 60 years; for certain works like photographs, this was clarified and expanded under later amendments.
• Exclusive Rights: Includes rights to reproduce, publish, communicate to the public, and adapt the work.
• Fair Dealing/ copyright fair use: Exceptions allow certain uses (research, education, reviews, etc.) without infringement, with expanded coverage under recent provisions (excluding computer programs).

The 2012 Amendment

The Copyright (Amendment) Act, 2012 brought significant modernizations to India’s copyright regime:

• Commercial Rental Rights: Recognition of the term commercial rental aligning with TRIPS, WCT, and WPPT.
• Electronic Storage Rights: Explicit rights for storing works in any medium (including digital).
• Duration Clarified: Extension of the copyright term for photographs to lifetime + 60 years.
• Accessibility Provisions: Special provisions for persons with disabilities.
• Cinematograph Film Ownership: Clarified first ownership in such works.
• Technological Safeguards: Protection against future technological exploitation.
• Relinquishment: Authors can relinquish rights via public notice.
• Simplified Licensing: Written licenses made sufficient for authorization.
• Compulsory Licensing: Extended to international works.
• Statutory Licenses: Introduced for certain uses.
• Expanded Fair Dealing: Coverage broadened to include sound and video recordings (but not computer programs).
• Copyright Societies: Updates on registration and governance.

International Compliance

India is a party to key international IP treaties, including the Berne Convention, the Universal Copyright Convention, and the WIPO Internet Treaties (WCT & WPPT), strengthening protections, especially in the digital and cross‑border context.

Who We Serve

We represent a broad spectrum of stakeholders including:

• Individual authors, artists, and performers
• Publishers, broadcasters, and producers
• IT & digital media companies
• Rights management and entertainment organizations
• Startups and established corporates

Why Choose Our Copyright Lawyers

Our copyright team combines deep legal insight, technical expertise, and industry understanding to help rights holders:

• Protect and register their work
• Enforce rights against infringement
• Navigate licensing and commercial exploitation
• Ensure compliance with Indian and international norms

With decades of experience in intellectual property law and a strong litigation and advisory presence across courts and tribunals, we guide clients through both strategic planning and dispute resolution.