Copyright FAQ

The official fees for copyright filing in India varies depending upon the type of work. For instance, the official fee for filing an application for registration of copyright in a Literary, Dramatic, Musical or Artistic work is INR 500/- per work. The official fee for an application for registration of copyright in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services is INR 2000/- per work. The official fee for an application for registration of Copyright in a Cinematograph Film is INR 5000 per work and for registration of copyright in a Sound Recording is INR 2000 per work.

Please note that copyright applications in India can be filed online only.

Know more about Copyright filing in India.

Copyright Filing: After filing a copyright application with requisite details and documents, the copyright owner has to wait for a mandatory period of 30 days for any objection that may be filed with the Copyright office against the claim. If an objection is filed within the prescribed time limit , then it may take another one month’s time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.

How to file copyright application in India?

Examination: If no objection is filed within the said period, the application is then formally examined and objections by the Examiner, if any, are raised, or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.

Registration: A Copyright registration certificate is issued by the Copyright Office if the objections are overcome to the satisfaction of the Copyright Office.

*Cost of Official fee to file a copyright application depends upon the type of work for which application has been filed. Professional fees not included.

For more information on Procedure for grant of Copyright in India please write to us at: info@ssrana.com

An assignment of copyright, under the Indian laws, is the transfer of copyright by the owner of the work to another entity.

Copyright assignment happens through a written agreement between the assignor (copyright holder) and the assignee. The transfer can be done wholly or partially of such rights and for a predefined period. Assignment of work can be for an existing work or a future work. If the license is relating to copyright in any future work, the license shall take effect only when the work comes into existence.

The term of copyright assignment in India can extend up to the term of the copyright for the work or any specified period within the term of copyright. Further, if the assignee does not exercise or utilize the rights of the work assigned to him, within a period of 1 year from the date of assignment, the assignment in the said work shall be lapsed on completion of 1 year from the date of assignment.

[Note: If no term/period for the assignment is specified it shall be assumed to last for a period of 5 years.]

No. As per the Indian copyright law, the assignment agreement must specify and include royalty and any other consideration payable to the owner of the copyright or his legal heirs during the term of the assignment.

Further, the owner of the work may make separate agreements for different exclusive rights vested with him. The royalty for such agreements may not be affected by terms of other agreements with assignees.

Yes, the assignment agreement of the copyright, can be revised, extended or terminated but only on the terms which are mutually agreed by both the parties to the assignment as provided under the Indian Copyright Act.

The territorial extent shall be specified in the assignment agreement by the parties. If the territorial extent of assignment of the rights is not specified in the assignment agreement, then it shall be presumed to extend within India.

Licensing, as per the Indian copyright law, means the grant of interest in any right by the copyright holder in his/her work. In a license, the right to use/exploit a copyrighted work, wholly or partially, can be done in exchange for a consideration and subject to terms and conditions of the license agreement.

A copyright license is different from a copyright assignment as, in licensing the licensee gets the certain rights subject to the conditions specified in the license agreement but the ownership of those rights is not vested to him, whereas in case of assignment, the assignee becomes the owner of the interests assigned to him.

Copyright Licensing in India are of three types- voluntary, compulsory and statutory.

In voluntary licensing the owner of the copyright can grant any interest in the rights to another person by way of license in writing by him or his duly authorized agent. If the license is relating to copyright in any future work, the license shall take effect only when the work comes into existence.

Compulsory Licensing under Copyright Law in India is a form of licensing which gives an exclusive right to do an act, with respect to the work of a copyright holder, without his/her prior and express consent. It is a term often used interchangeably with statutory licensing, but under the Copyright Act, there exists a distinction between the two, i.e.  under compulsory licensing the rate of royalty can be negotiated by the owner through Appellate Board but under statutory licensing such rate is pre-defined by the Appellate Board.

It is a form of licensing, regulated by the Appellate Board, for the use of a work of the copyright holder, without his/her prior consent.

Under the compulsory/statutory licensing regime in India, royalties and any other form of consideration and its extent and amount are determined by the IPAB (Intellectual Property Appellate Board) on a case to case basis.

In case of a voluntary license/assignment, the parties can decide upon mutually agreed and reasonable terms (including the amount of royalty).

Yes, royalties arising due to copyright assignment is taxable in India. Royalties are nothing but compensation made to the owner of the copyright in view of using his/her work that may be assigned or licensed to such user. Royalties are usually paid periodically or otherwise on instances of the use of the copyright work.

As in any form of business, royalties paid, amounts to taxable income. As royalties are claimed as business income (in case of business owners) or if not self-employed, just income, they become subject to the laws under India’s Income-tax Act, 1961. (Royalty is defined under Section 9(1) (vi) of the Income tax Act, 1961).

Under the provisions of Indian Copyright Act, any person can approach the appellate board, for issuance of a compulsory license to publish a work that is withheld from public: –

• If the copyright owner has refused to allow republication of the work or to perform the work in public;
• Or to communicate the work to the public by broadcast.

If the copyright board, after giving a reasonable opportunity to be heard to the copyright owner, finds that the grounds for refusal are not reasonable, may direct the registrar of copyrights to grant license to the complainant.

[Note: the right to produce or publish translations of any literary or dramatic work becomes available to any person after the passing of 7 years from the date of first publication.]  

Compulsory License, under the Indian copyright laws, can be invoked in case of any unpublished and published work [or work communicated to the public] if:

1. The work is withheld from public and not communicated to the public in India;
2. The author is dead or unknown or cannot be traced;
3. Or the owner of the copyright can’t be found;

Then any person may apply to the IPAB for a license to publish or communicate to the public the said work.

Under the Copyright Act, compulsory licensing for the benefit of the disabled can be availed by any person working in the said field [i.e. for the benefit of persons with disability] for profit and may apply to the Appellate Board.

The license must specify the means and format of publication including the period of the license, the number of copies that are going to be issued as well as the rate of royalty on the same.

The following are the essentials of licensing and assignment agreement mentioned under the Indian Copyright Act:

1. The agreement must be in a written and fixed form;
2. The agreement must identify the copyrighted work, and specify the rights being assigned or licensed along with the period and extent of such agreement.
3. The agreement must specify the amount of royalty and any other consideration payable to the author or his legal heirs during the subsistence of the agreement.

An exclusive license excludes the use of the licensed rights for anyone but the licensee. Whereas, a non-exclusive license can be granted to as many licensees as the licensor desires.

Unlike the patent laws of India, the Copyright Act, 1957 does not make registration of a licensing agreement mandatory.

Although, it is recommended that any such agreement be notified to the Registrar of Copyright.

Stamp duty refers to a tax on a transaction which is paid to the government and the tax is levied on the instrument recording the transaction. Stamp duty is hence payable on licensing agreements in India.

The Official Fees for a copyright license to produce and publish a translation of a Literary or Dramatic work in any Language is INR 5,000 per work.

The Official Fees for a copyright license to publish or communicate to the public the work or translation in India is INR 5,000 per work.

The Official Fees for a copyright license to publish any work in any format useful for a person with a disability in India is INR 2,000 per work.

The Official Fees for a copyright license to perform any work in public in India is INR 5,000 per work.

The Official Fees for a copyright license to republish a sound recording in India is INR 10,000 per work.

The Official Fees for a copyright license to communicate any work to the public by Broadcast in India is INR 40,000 per work.

The Official Fees for an application for change in particulars of copyright entered in the Register of Copyrights in respect of a Sound Recording in India is INR 1000 per work.

The Official Fees for filing copyright in a Sound Recording in India is INR 2000 per work.

The Official Fees for an application for change in particulars of copyright entered in the Register of Copyrights in respect of a Cinematograph Film in India is INR 2000 per work.

The Official Fees filing copyright in a Cinematograph Film in India is INR 5000 per work.

The Official Fees for an application for change in particulars of copyright entered in the Register of Copyrights in respect of a Literary, Dramatic, Musical or Artistic work in India is INR 200 per work. However, if a Literary or Artistic work is used or is capable of being used in relation to any goods or services the cost is INR 1000.

The Official Fees for a copyright license to republish a Literary, Dramatic, Musical or Artistic work in India is INR 5000 per work.

The Official Fees filing copyright in Literary, Dramatic, Musical or Artistic work in India is INR 500 per work. However, if a Literary or Artistic work is used or is capable of being used in relation to any goods or services the cost is INR 2000.

The fees for filing Copyright application in India .

A Computer Software or a software programme can be registered as a “literary work” under the Copyright Act.

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 as the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law.

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information.

• Economic Rights
• Moral Rights

In case of an unpublished Indian work, if the author is dead, unknown or cannot be traced, or the owner of the copyright in such a work cannot be found, any person may apply to the Copyright Board for a license to publish such work or its translation in any language.

The Copyright Board may, after making certain prescribed enquiries, direct the Registrar of Copyrights to grant license to the Applicant to publish the work or its translation. The same is subject to payment of royalty and other conditions determined by the Board.

Compulsory licenses in respect of copyrighted “Indian work” may be granted by the Copyright Board in the following circumstances, if the owner:

• Refused to republish or allow the republication of the work;
• Refused to allow the performance of the work in pubic and by reason of such refusal the work is withheld from public;
• Refused to allow communication of work to the public by broadcast, or in case of sound recording the work recorded in such record on reasonable terms.

A License Agreement should delineate the following particulars:

• Identification of the work and rights licensed
• Duration of the license
• Territorial extent of the license
• Amount of royalty payable
• Conditions relating to revision, extension and/or termination of license

The copyright owner of an existing work or the prospective owner of the copyright in any future work may grant any interest in the rights by way of license. However, in case of a license relating to copyright in any future work, the license shall take effect only when the work comes into existence.

A license may be exclusive or non-exclusive.

A license is different from an assignment as the licensee gets certain rights subject to the conditions specified in the license agreement, but the ownership of those rights is not vested with him, whereas in case of an assignment, the assignee becomes the owner of the interest assigned to him.

A copyright owner may grant a license and transfer some or all of his rights to others to exploit his work for monetary benefits, in exchange for a consideration.

A licensor may grant a license to authorize the use of copyright work to a licensee, sparing the licensee from a claim of infringement or unauthorized use brought by the licensor.

An Application for Registration of Copyright is made on the prescribed form by paying prescribed fees.

The relevant Forms can be accessed at the following link: Copyright Form Details

The relevant Fee Details applicable can be accessed at the following link: Copyright Fee Details

Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published work, or, failing such an event, for 60 years from the end of the year in which the work is made.

If the work has not been published, performed, or offered for sale or broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Literary or musical or artistic works (other than photographs), are granted copyright protection for a period which extends through the lifetime of the author and 60 years from the year in which the author dies.

The term of protection granted for works of copyright varies depending on the type of work sought to be protected.

A Copyright registration certificate is issued by the Copyright Office after the objections, if any, are overcome to the satisfaction of the Copyright Office.

If no objection is filed within the said period, the application is then formally examined and objections by the Examiner, if any, are raised, or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.

If no objection is filed within the said period, the application is then formally examined and objections by the Examiner, if any, are raised, or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.

Upon filing an application for copyright with complete details and copies, the applicant author or the rightful owner has to wait for a mandatory period of 30 days for any objection that may be filed in the Copyright office against the claim that the concerned work is created by the applicant.

If any objection is filed, it may take another one month’s time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.

Several documents are required for copyright registration in India. Some of them are:

• Some copies of the artistic work.
• Name, address and nationality of the applicant.
• Nature of the applicantÔÇÖs interest in the work
• Title of the work.
• Name, address and nationality of the author and if the author is deceased, the date of his death.
• Power of attorney on Indian Stamp Paper.

It may take 3-4 months’ time for the registration of any work in the normal course.

The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.

An online application for copyright accompanied by four copies of the work is to be made on prescribed form along with the prescribed fee by visiting the website of the Copyright Office or such application is to be sent by Speed Post/Registered Post to the Copyright Office in the format prescribed.

The advantage of online registration through “E-filing facility” is that applications can now be filed at a time and place chosen by the applicants, thereby saving time and money. This new step taken by the Copyright Office promises to expedite the process of grant of registration of copyright in India.

All copyright applications are filed online by visiting the website of the Copyright Office at www.copyright.gov.in, or as an alternative, to be sent by Speed Post/Registered Post in the format prescribed.

With effect from August 01, 2014, the physical Copyright Counter for filing copyright applications has been closed, in a move to promote the online filing of copyright applications, a system which has been in place since February 17, 2014. Thus, all copyright applications are now to be filed online.