A. LEGAL FRAMEWORK AND POLICY BACKDROP

Copyright law in India is primarily governed by the Copyright Act, 1957 together with the Copyright Rules, 2013, as amended up to the Copyright (Amendment) Rules, 2021 notified on 30 March 2021. These amendments modernised copyright registration procedures by allowing greater electronic filing and easing the deposit requirements for computer software. The legislative intent has always been to balance two conflicting objectives: on one hand the promotion of creativity and dissemination of works in the public interest, and on the other hand the protection of authors’ rights over their intellectual property.

The statutory framework dealing with registration is placed under Chapter X of the Act. Section 44 mandates the maintenance of a Register of Copyrights under the supervision of the Registrar of Copyrights. Section 45 provides that any person interested may apply for entering particulars of a work into the Register. The wording “may” is important, as it shows that registration is permissive and not compulsory. Further, Section 48 states that entries in the Register shall be prima facie evidence of particulars entered therein. This makes the Register a valuable evidentiary tool, especially in litigation.

Procedural aspects are given in Rule 70 of the Copyright Rules, 2013, which requires one application per work in Form-XIV along with prescribed fees. It mandates signature of the author or owner, attaches specific requirements for artistic works and computer software, and prescribes a 30-day waiting period for objections. Rules 71 to 74 provide for rectification of the Register, inspection and certified copies. The legislative policy thus recognises that while copyright protection arises automatically on creation, registration serves a valuable role in legal certainty and dispute resolution.

Indian courts have upheld this framework consistently. For instance, in Sanjay Soya Pvt. Ltd. v. Narayani Trading Co. (2021), the Bombay High Court clarified that registration is not mandatory for seeking relief. However, the Register and certificate provide evidentiary advantage. This judicial interpretation harmonises the statutory scheme with international obligations under the Berne Convention for the Protection of Literary and Artistic Works, which India has ratified, mandating automatic protection without formality.

B. WHAT CAN BE REGISTERED AND WHY REGISTRATION MATTERS

Under Section 13 of the Copyright Act, 1957, copyright subsists in the following works:

• Literary works, including books, journals, computer software and databases.
• Dramatic works.
• Musical works.
• Artistic works like paintings, drawings, logos, and packaging.
• Cinematograph films.
• Sound recordings.

Copyright protection arises automatically once a work is created and expressed in a tangible form. Section 14 defines the bundle of rights conferred on the copyright owner, including reproduction, adaptation, communication to the public, and distribution rights. Registration is not a precondition to acquire these rights.

Yet, practitioners encourage registration for strategic reasons. It strengthens proof of ownership, authorship, and date of creation. It simplifies obtaining interim injunctions because courts often prefer prima facie evidence. In practice, when two parties dispute ownership, the registration certificate creates a presumption in favour of the registered proprietor. The Bombay High Court in Sanjay Soya (supra) underscored this evidentiary value.

Registration also smoothens commercial transactions. In assignments, licensing, and royalty disputes, a registered work provides clarity in due diligence exercises. For enforcement at customs against piracy, a registered copyright simplifies processes under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. While registration is optional, practitioners recognise it as a powerful procedural weapon in disputes.

C. END-TO-END FILING WORKFLOW (ONLINE) WITH DOCUMENT NUANCES

C1. Creating an Account, Filing Form and Core Attachments

The registration process begins on the official Copyright Office e-filing portal. The applicant must create a login account and select “Online Copyright Registration.” The application is submitted through Form-XIV accompanied by a Statement of Particulars and, if applicable, Statement of Further Particulars. As per Rule 70(2), one application must be filed per work. Rule 70(3) requires that the application be signed by the applicant, author or owner. Where the applicant is not the author, an author’s No-Objection Certificate (NOC) or an extract from the assignment deed is compulsory.

The applicant must upload a copy of the work. In case of unpublished works, Rule 70(4) requires submission of two copies. For computer software, post the 2021 amendment, deposit must include the first 10 and last 10 pages of source code without redactions. If the software has fewer than 20 pages, the full source code must be submitted. Redacted or blocked-out submissions are rejected, leading to objections.

For artistic works intended to be used in trade (labels, logos, packaging), Section 45(1) proviso requires a certificate from the Registrar of Trade Marks confirming that no identical or deceptively similar mark exists in another’s name. Additionally, under Rule 70(6) and (7), if the work could be registrable as an industrial design, an affidavit must be filed confirming it is not already registered under the Designs Act, 2000 and has not been applied to more than 50 articles. These requirements are common grounds of objection if omitted.

The last step is payment of fees according to the Second Schedule of the Rules. Payment is mandatory for diary number generation, which signals the start of the objection period.

C2. Post-Filing Lifecycle: From Diary Number to Registration

After submission, the portal generates a Diary Number. There follows a mandatory 30-day waiting period during which objections can be filed by third parties. If no objections are filed, the Registrar scrutinises the application. If discrepancies are found, a deficiency letter or e-notice is issued. If objections are raised, a hearing is scheduled. After scrutiny and resolution, the work is entered in the Register and the registration certificate is made available online for download. Physical certificates are no longer issued.

Applicants can track progress on the portal through the “Diary Status” tool. Courts have recognised the legal effect of such registrations, holding that electronic certificates are valid. This digitisation aligns with the government’s vision of streamlining IP administration in India.

D. FEES, TIMELINES AND STATUS TOOLS

The prescribed fees are set out in the Second Schedule of the Copyright Rules, 2013. The most frequently applied slabs are:

• Literary, Dramatic, Musical or Artistic work: ₹500 per work.
• Artistic work used in trade (labels/packaging): ₹2,000 per work (with TM Registrar certificate).
• Cinematograph film: ₹5,000 per work.
• Sound recording: ₹2,000 per work.
• Computer software: ₹500 per work (treated as literary work, but subject to source code deposit rule).
• Change in particulars: Usually ₹200, though higher for artistic/film/sound recording as specified.

The application process typically takes 2–6 months if uncontested. Objections or deficiency hearings can extend this timeline. Status can be checked at any time through the official portal’s “Diary Status” function. Practitioners usually calendar the 30-day objection period to prepare timely responses.

E. TYPICAL OBJECTIONS AND CURATIVE STRATEGIES

Literary Works Including Software and Databases

Applicants must file a copy of the manuscript or software source code. Objections often arise due to redacted code, lack of originality details, or missing NOC/assignment when applicant is not the author. The cure is to file unredacted extracts and clear title documents.

Artistic Works

The most common objections are the absence of a TM Registrar certificate under Section 45(1) proviso, overlap with a registered trade mark, or failure to file a Rule 70(7) affidavit for design-capable works. The Delhi High Court in Microfibres Inc. v. Girdhar & Co., (2009), emphasised that design-capable works need scrutiny under both copyright and design law. Thus, pre-filing due diligence with a TM search and affidavit is critical.

Cinematograph Films and Sound Recordings

The Copyright Office often raises objections where the producer fails to file NOCs or contracts proving ownership of underlying works (lyrics, music, performances). Cure involves submitting complete chain of title documents.

Unpublished Works

Rule 70(4) requires two copies and a precise declaration of unpublished status. If the work has been shared publicly, objections may arise. Applicants should ensure accuracy in publication details.

F. POST-REGISTRATION UTILITIES AND LITIGATION POINTERS

Registration has important utilities post-grant. Under Rules 72–74, any person may inspect the Register or obtain certified extracts upon payment of fees. Certified copies are admissible in evidence under Section 48 of the Act.

For changes in ownership or particulars, applicants must file Form-XV. The Registrar has suo motu power under Rule 71 to correct entries. The High Courts have power under Section 50 to order rectification.

In litigation, while registration is not mandatory, courts give significant weight to it. The presumption of authorship and ownership under Section 48 often tips the balance in interim injunctions, especially ex parte orders. For example, in Sanjay Soya (supra), the Bombay High Court accepted that lack of registration does not bar relief, but registration provides evidentiary ease.

Jurisdiction for infringement suits is governed by Section 62 of the Act, which allows suits where the plaintiff resides or carries on business. However, in Indian Performing Right Society Ltd. v. Sanjay Dalia, (2015), the Supreme Court held that this special jurisdiction cannot be misused if the plaintiff’s principal office is elsewhere and no cause of action arises at the chosen forum. Thus, strategic enforcement planning is crucial.

G. STEP-BY-STEP PRACTICAL CHECKLIST

1. Identify the category of work.
2. Gather authorship and ownership documents (assignments, NOCs, employment IP clauses).
3. Create an account on the Copyright Office portal.
4. Fill Form-XIV with Statement of Particulars and Further Particulars.
5. Upload the work copy (two copies for unpublished works).
6. Attach specific documents:
   • Software: first and last 10 pages of code.
   • Artistic packaging: TM Registrar certificate.
   • Design-capable works: Rule 70(7) affidavit.
   • Non-author applicant: assignment/NOC.
7. Pay the prescribed fee under the Second Schedule.
8. Obtain Diary Number and track status.
9. Wait for 30-day objection period.
10. Respond to discrepancies or objections promptly.
11. Attend hearing if scheduled.
12. Download registration certificate upon approval.

H. SUBSTANTIVE PITFALLS TO AVOID

• Filing without NOC when author and applicant differ.
• Filing logos/labels without TM Registrar’s certificate.
• Filing redacted software code despite 2021 rule.
• Works failing the originality threshold under Eastern Book Company v. D.B. Modak, (2008), which held that originality requires skill and judgment, not mere labour.

The 2021 Amendment also shifted publication of applications from the Gazette to an online journal, further digitalising the process. Practitioners must ensure compliance with these modernised requirements.

REFERENCES

1. Copyright Act, 1957 (India).
2. Copyright Rules, 2013 (India).
3. Copyright (Amendment) Rules, 2021, Press Information Bureau, Government of India.
4. Sanjay Soya Pvt. Ltd. v. Narayani Trading Co., 2021.
5. Indian Performing Right Society Ltd. v. Sanjay Dalia, (2015).
6. Eastern Book Company v. D.B. Modak, (2008).
7. Microfibres Inc. v. Girdhar & Co., (2009).
8. India Code, available at https://www.indiacode.nic.in.
9. Copyright Office, Online Filing Portal, available at https://copyright.gov.in.
10. Obhan & Associates, “Copyright Registration in India,” Indian Kanoon, 2021.
11. S. Rana & Co., “Copyright Fees and Procedure,” LegalWiz.in, 2022.
12. WIPO Lex, “India—Copyright Legislation.”