Intellectual Property Rights - Law and Practice · Copyrights

Registration of Copyright and Entries in the Register of Copyrights

Updated 11 October 2026 · Fact-checked

Registration of copyright means entering a work's particulars in the Register of Copyrights kept at the Copyright Office. Under Section 45, the author, publisher, owner or other interested person applies in the prescribed form with the fee. The Registrar may hold an inquiry and then enter the particulars. Under Section 48, the entries are prima facie evidence.

Understand Registration of Copyright and Entries in Register

Copyright is not created by registration. The Copyright Act, 1957 gives you no instruction that a work must be registered before it is protected. Registration is a way of putting on public record who the author, publisher or owner is and what the work is. Do not write in an exam that registration creates the right.

Section 44 says a Register of Copyrights is kept at the Copyright Office in the prescribed form. In it may be entered the names or titles of works, the names and addresses of authors, publishers and owners of copyright, and other prescribed particulars. The word is "may", so entry is permitted, not compulsory.

Section 45 gives the procedure. The applicant can be the author or publisher of the work, or the owner of, or any other person interested in, the copyright. The applicant makes an application in the prescribed form with the prescribed fee to the Registrar of Copyrights. On receipt, the Registrar may, after holding such inquiry as he deems fit, enter the particulars of the work in the Register. The Registrar therefore has a discretion and is not a mere clerk.

There is a special proviso for artistic work that is used, or capable of being used, in relation to any goods or services. The application must include a statement to that effect. It must also carry a certificate from the Registrar of Trade Marks stating that no identical or deceptively similar trade mark has been registered, and no application for one has been made, by anyone other than the applicant. This links copyright with trade mark law.

The effect of entry is in Section 48. The Register is prima facie evidence of the particulars entered. Copies of entries or extracts certified by the Registrar and sealed with the seal of the Copyright Office are admissible in all courts without further proof or production of the original. Prima facie means the entry is accepted until someone proves otherwise. It is not conclusive proof.

Key rules to remember

Register of Copyrights (Section 44): Register kept at Copyright Office, in prescribed form; may contain names or titles of works, names and addresses of authors, publishers and owners, and other prescribed particulars; Entry is permissive ("may be entered"). Registration is not stated as a condition for copyright to exist.
Who may apply (Section 45(1)): Author or publisher of the work, or owner of or other person interested in the copyright → application in prescribed form + prescribed fee → Registrar of Copyrights; The widest category is "other person interested in the copyright". Remember all four.
Registrar's action (Section 45(2)): On receipt of application, Registrar may, after such inquiry as he deems fit, enter particulars in the Register; The word is "may". It confers discretion and allows an inquiry.
Proviso for artistic work used with goods or services: Application must (i) include a statement of such use or capability and (ii) carry a Registrar of Trade Marks certificate of no identical or deceptively similar mark registered or applied for by another person; Applies only to artistic work used, or capable of being used, in relation to goods or services.
Evidentiary effect (Section 48): Register = prima facie evidence of particulars entered; certified, sealed copies or extracts = admissible in all courts without further proof or production of original; Prima facie, not conclusive. The entry can be rebutted.
Rule-making (Section 78): Central Government may make rules on the form of the Register and particulars to be entered, fees, and procedure before the Registrar; This is why the form, fee and procedure are "prescribed". Cite Section 78(2) generally for the rule-making power.

How to solve Registration of Copyright and Entries in Register questions

Exam questions here are usually case-based. Someone has registered or not registered a work, and you must say what follows. Use the provision, facts, conclusion pattern.

1Identify the issue: is it the procedure of applying, the effect of an entry, or whether registration is required.
2State the provision in plain words: Section 44 for the Register, Section 45 for application and entry, Section 48 for evidentiary value.
3Check who the applicant is. Is the person an author, publisher, owner or other person interested in the copyright?
4Check the kind of work. If it is an artistic work used or capable of being used for goods or services, bring in the proviso and the Trade Marks Registrar certificate.
5Check the facts for the application: prescribed form, prescribed fee, and the Registrar's power to inquire before entering.
6Apply Section 48: an entry is prima facie evidence and certified, sealed copies are admissible without further proof. Say it can be rebutted.
7Conclude clearly. Add a practical point: advise the client to keep the certified copy for litigation or licensing.

Quickest way: Four-line answer frame

When to use it: Use this when time is short and the question asks you to explain registration or its effect.

Line 1: Section 44 keeps the Register at the Copyright Office; entry is permissive.
Line 2: Section 45 lets the author, publisher, owner or interested person apply in the prescribed form with fee; the Registrar may inquire and then enter.
Line 3: Add the artistic work proviso if the facts involve goods or services.
Line 4: Section 48 makes entries prima facie evidence and certified copies admissible; conclude on the facts.

Common mistakes in Registration of Copyright and Entries in Register

Writing that copyright arises only on registration
Students mix copyright with patents and trade marks, where registration is central.
Fix: State that registration is a record of particulars. The sections here describe how to enter a work, and do not make entry a condition of protection.
Saying the Register is conclusive evidence
The word "evidence" is remembered but "prima facie" is dropped.
Fix: Always write "prima facie evidence" and add that it can be rebutted by contrary proof.
Listing only the author as applicant
Students assume the creator is the only one who registers.
Fix: Section 45(1) covers author, publisher, owner, or other person interested in the copyright.
Treating the Registrar's entry as automatic
Students ignore the words "may, after holding such inquiry as he may deem fit".
Fix: Mention that the Registrar has discretion and may inquire before entering particulars.
Forgetting the trade mark certificate for artistic work
The proviso is short and sits below the main sub-section.
Fix: Whenever a logo, label or design-like artistic work is used with goods or services, state the statement and the Registrar of Trade Marks certificate.
Confusing Section 45 with Sections 49 and 50A
All three deal with the Register.
Fix: Section 45 is entry on application, Section 49 is correction of errors, and Section 50A is publication of entries.

Worked examples

Example 1

Meera Iyer, a Chennai illustrator, created a cartoon character and her publisher, Kalpa Books Pvt Ltd, plans to use it on school bags. She asks who can apply to enter it in the Register of Copyrights and what extra document is needed.

Show the solution

Provision: Section 45(1) allows the author or publisher of the work, or the owner of or other person interested in the copyright, to apply in the prescribed form with the prescribed fee to the Registrar of Copyrights.
Facts: Meera is the author and Kalpa Books is the publisher. Either falls within Section 45(1).
The cartoon character is an artistic work, and it will be used on goods (school bags).
So the proviso applies. The application must include a statement that the work is used or capable of being used in relation to goods or services.
It must also carry a certificate from the Registrar of Trade Marks that no identical or deceptively similar trade mark has been registered, or applied for, by any person other than the applicant.
The Registrar may then hold such inquiry as he deems fit and enter the particulars.

Answer: Meera or Kalpa Books can apply under Section 45(1). Because the work is artistic and will be used on goods, the application must include the statement of such use and a Trade Marks Registrar certificate of no conflicting identical or deceptively similar mark by another person.

Example 2

In a suit, Arjun Nair relies on a certified, sealed copy of an entry in the Register of Copyrights showing him as owner of a musical work. The defendant, Soma Records, says the original Register must be produced and the entry is final proof. Advise.

Show the solution

Provision: Section 48 makes the Register prima facie evidence of the particulars entered.
Certified copies or extracts, certified by the Registrar and sealed with the seal of the Copyright Office, are admissible in all courts without further proof or production of the original.
Facts: Arjun's copy is certified and sealed, so it is admissible. Soma Records cannot insist on production of the original.
The entry is only prima facie evidence, so Soma Records may lead evidence to rebut it, for example by showing that someone else owns the copyright.
Conclusion on both contentions.

Answer: The defendant is wrong on production: the certified, sealed copy is admissible without the original. The defendant is also wrong that the entry is final: it is prima facie evidence, so it stands unless rebutted by contrary proof.

Exam tips

Quote the section numbers 44, 45 and 48 correctly, and use the exact phrase "prima facie evidence".
In case-based questions, check whether the work is artistic and linked to goods or services. This is where the proviso is tested.
If asked whether registration is mandatory, answer from the text: entry is permissive and copyright is not shown as depending on it. Do not cite a section you are unsure of.
Keep Sections 45, 49 and 50A separate: entry, correction, publication. Cross-refer briefly instead of mixing them.
Close with a practical drafting or compliance point, such as keeping certified copies for use in court.

Practice questions from Copyrights

Registration of Copyright and Entries in Register in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ExecutiveCopyright Office, Registration and Copyright Board

Registration of Copyright and Entries in Register: frequently asked questions

Is registration of copyright mandatory in India?

The provisions on the Register say particulars "may" be entered, and they do not make entry a condition for copyright to exist. Registration serves as a public record and gives the evidentiary benefit under Section 48. Do not write that copyright arises from registration.

Who can apply under Section 45 of the Copyright Act?

The author or publisher of the work, or the owner of or other person interested in the copyright, can apply. The application is made in the prescribed form with the prescribed fee to the Registrar of Copyrights.

What is the value of the Register under Section 48?

The Register is prima facie evidence of the particulars entered. Certified copies sealed with the seal of the Copyright Office are admissible in all courts without further proof or production of the original. The entry can still be challenged with contrary evidence.

What extra requirement applies to artistic works?

If an artistic work is used or capable of being used in relation to goods or services, the application must state this. It must also be accompanied by a certificate from the Registrar of Trade Marks about identical or deceptively similar trade marks.

Does the Registrar have to enter every work applied for?

Section 45(2) says the Registrar may, after holding such inquiry as he deems fit, enter the particulars. This gives him discretion to inquire before making the entry.