R M   L E G A L

Copyright Registration and Protection

RM Legal advises businesses, creators and organisations on securing, owning and commercially using copyright, including in software, written and visual content, artwork, packaging and brand material. Much of our work concerns works created by employees, agencies, freelancers and developers, where ownership is often less clear than businesses assume.

What We Do

Our work includes:

  • Copyright registration before the Copyright Office
  • Advice on ownership of works created by employees, agencies and freelancers
  • Assignment and licensing agreements
  • Clearance of third-party content, images, music and software
  • Cease and desist notices, takedowns and infringement actions
  • Defence of copyright claims

What Copyright Protects

Copyright protects original literary, artistic, musical and dramatic works, cinematograph films and sound recordings. Computer software is protected as a literary work. Copyright protects the expression of an idea, not the idea itself. For literary and artistic works, it generally lasts for the lifetime of the author plus 60 years.

Who Owns the Copyright

  • Works created by employees in the course of employment generally belong to the employer, unless agreed otherwise.
  • Works created by freelancers, agencies and consultants generally belong to the creator unless there is a written assignment. Paying for the work does not by itself transfer copyright.
  • An assignment must be in writing. If it does not state its duration, it is treated as being for five years, and if it does not state the territory, it is treated as limited to India.

Registration

Copyright exists automatically once an original work is created, and registration is not mandatory. A registration certificate, however, is prima facie evidence of the particulars entered in the Register, which helps considerably in enforcement. After an application is filed, there is a mandatory 30-day period for objections before the work can be registered. The official fee is ₹500 per work for literary, artistic, musical and dramatic works, including software. Higher fees apply to artistic works used on goods, sound recordings and films.

Copyright and Designs

This point is particularly relevant to textile and product businesses. Where a design is capable of registration under the Designs Act, 2000 but is not registered, copyright in it ceases once the design has been applied to more than 50 articles by an industrial process. Prints and patterns intended for mass production should therefore usually be protected by design registration. For a practical guide, see Protecting Textile Prints in India. See Industrial Designs.

Enforcement

Copyright infringement can be pursued through a civil suit for an injunction, damages and delivery up of infringing copies, and through criminal proceedings under the Copyright Act, 1957. Online infringement can often be addressed through platform takedown procedures.

Frequently Asked Questions

Is copyright registration mandatory?
No. Copyright arises automatically, but registration provides prima facie evidence of the particulars recorded and makes enforcement easier.

We paid an agency to design our logo. Do we own the copyright?
Not necessarily. Unless the agency has assigned the copyright to you in writing, it may remain with the agency or the individual designer.

Can software be registered as copyright?
Yes. Software is protected as a literary work and can be registered, usually with a copy of the source code.

How long does copyright registration take?
There is a mandatory 30-day objection period after filing. Applications without objections or discrepancies are commonly completed within a few months.

Can a logo be protected by both copyright and trademark?
Yes. Copyright protects the logo as an artistic work, and a trademark registration protects its use as a brand for specified goods or services. Most businesses should seek both.

Are textile prints protected by copyright?
A print is an artistic work, but if it is used on more than 50 articles produced industrially without design registration, copyright protection is lost. Design registration is usually the better route for prints intended for production.

Reviewed by Nandita Goyal, Partner. Last reviewed: October 2026.

Related Services