Copyrights

The law protects the rights of creators in their original works, which are expressions of ideas, not the ideas themselves. It aims to strike a balance between safeguarding the rights of creators and fostering a culture of creativity and innovation for the benefit of the public. India is a signatory to major international conventions, including the Berne Convention and the Universal Copyright Convention, which ensures that works created in India are protected in member countries, and vice versa.

The Act provides a comprehensive list of works that are eligible for copyright protection, provided they are original. The protection is automatic upon the creation of the work and does not require mandatory registration, although registration serves as valuable prima facie evidence in case of a dispute. The categories of works protected are:

• Literary Works: This is a broad category that includes books, manuscripts, poems, and even computer programs, tables, and compilations, including computer databases.

• Dramatic Works: This covers works such as plays, screenplays, scripts, and choreographic works.

• Musical Works: This includes both the musical notation and the accompanying graphic works, but not the lyrics, which fall under literary works.

• Artistic Works: This category is quite expansive, covering paintings, sculptures, drawings, photographs, architectural works, and engravings.

• Cinematograph Films: This protects the visual recording on any medium, including the sound recordings associated with the film.

• Sound Recordings: This covers any recording of sounds, regardless of the medium on which it is stored. 

The Act establishes the creator of the work as the first owner of the copyright. However, there are exceptions. In the case of works created by an employee during the course of their employment under a "contract of service," the employer is considered the first owner unless there is an agreement to the contrary.

The duration of copyright protection varies depending on the type of work:

• Literary, Dramatic, Musical, and Artistic Works (other than photographs): The term of copyright is the lifetime of the author plus 60 years from the beginning of the calendar year following the year in which the author dies.

• Cinematograph Films, Sound Recordings, Photographs, Anonymous and Pseudonymous Works, and Government Works: The term of copyright is 60 years from the beginning of the calendar year following the year in which the work was first published.

These rights include:

• Right to Reproduce: The right to make copies of the work in any material form.

• Right to Distribute: The right to issue copies of the work to the public.

• Right to Perform: The right to perform the work in public or communicate it to the public.

• Right to Adapt: The right to create a new version of the original work (e.g., a film from a novel).

• Right to Translate: The right to translate the work into another language.

In addition to these economic rights, the Copyright Act also grants moral rights to authors under Section 57. These are the Right of Paternity (the right to claim authorship of the work) and the Right of Integrity (the right to restrain or claim damages for any distortion, mutilation, or modification of the work that is prejudicial to the author's honor or reputation).

Overall Filings: According to the latest data for the fiscal year 2024-25, there were 44,066 copyright applications filed, showing a substantial increase from the previous years. This represents an 83% growth in copyright filings over the last five years, a very impressive figure.

Sectoral Growth: The data indicates that this growth is not confined to a single sector but is a broader trend across different types of works. The rise in digital content creation, especially with the surge in online platforms, has undoubtedly contributed to this increase.

The graph illustrates copyright statistics in India from 2016–17 to 2019–20 across four categories: Filed, Examined, Registered, and Disposal. The number of filings shows steady growth, rising from about 17,827 in 2016–17 to 21,905 in 2019–20. Examination activity witnessed a sharp rise in 2017–18, peaking at 34,388 cases, before declining to 19,460 by 2019–20. Registrations also saw a dramatic increase in 2017–18 (19,997), then dipped but remained higher than 2016–17, closing at 16,048 in 2019–20. Disposal of cases rose steeply in 2017–18 (39,799) and then gradually decreased to 19,490 by 2019–20. Overall, the trends highlight a major surge in examination, registration, and disposal during 2017–18, followed by stabilization at higher levels than the baseline year, with filings showing consistent upward growth.

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