Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Copyright under the Copyright Act, 1957: Works, Rights and Term

Updated 11 October 2026 · Fact-checked

Copyright is the exclusive right given by the Copyright Act, 1957 to the creator of an original literary, dramatic, musical or artistic work, a cinematograph film or a sound recording. It protects expression, not ideas. To answer a question: identify the work, the owner, the rights involved and the term of protection.

Understand Copyright

Copyright protects the way an idea is expressed, not the idea itself. A novel is protected. The plot idea behind it is not. Protection arises automatically when an original work is created and fixed in some form. Registration is not a condition for copyright to exist, though it gives useful evidence.

The Act protects these classes of work: original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Computer programmes are treated as literary works. Databases and compilations can also qualify as literary works. Originality means the work must come from the author's own skill, labour and judgment and must not be copied. It does not mean novelty.

The first owner is generally the author. Important exceptions apply. For a work made in the course of employment under a contract of service, the employer is the first owner, unless there is an agreement to the contrary. For a photograph, painting, portrait, engraving or film made for valuable consideration at someone's request, the person who commissioned it is the first owner, in the absence of a contrary agreement. For a government work, the Government is the first owner in the absence of an agreement. Always read the facts for who created the work, under what arrangement, and whether any contract changes the default.

An author has two sets of rights. Economic rights (section 14) let the owner exploit the work, for example by reproducing it, issuing copies, performing or communicating it to the public, making adaptations and translations, and, for films and sound recordings, selling or giving on commercial rental. These can be assigned or licensed. Moral rights (section 57) belong to the author personally. They are the right to claim authorship (paternity) and the right to restrain or claim damages for distortion, mutilation, modification or other act that would harm the author's honour or reputation. They continue even after the economic rights are assigned.

Copyright lasts for a limited term. For literary, dramatic, musical and artistic works, it generally runs for the author's life plus sixty years, counted from the beginning of the calendar year after the author's death. For cinematograph films, sound recordings, photographs, posthumous works, anonymous and pseudonymous works, and government and public undertaking works, the term is generally sixty years from the beginning of the calendar year after publication. Neighbouring (related) rights, such as performers' rights and broadcast reproduction rights, are separate from the author's copyright. They protect those who interpret or transmit works, not those who create them.

Key rules to remember

Protected classes of work: Original literary, dramatic, musical, artistic works + cinematograph films + sound recordings; Protection is for expression, not ideas, and arises automatically on creation. Registration is not mandatory.
First owner: default rule: First owner = author; Applies unless an exception, such as employment, commission or Government work, or a contract says otherwise.
First owner: employment: Work made under a contract of service → employer is first owner (absent contrary agreement); This does not apply to a contract for services, such as an independent contractor.
Term for original literary, dramatic, musical and artistic works: Author's lifetime + 60 years (from the start of the year after death); For joint authors, count from the death of the last surviving author.
Term for films, sound recordings, photographs, posthumous, anonymous and pseudonymous works: 60 years from the start of the calendar year after publication; State the starting point of the count. Examiners look for it.
Moral rights: Section 57: right to claim authorship + right to restrain or claim damages for distortion, mutilation or modification prejudicial to honour or reputation; Independent of economic rights and available even after assignment of copyright.
Economic rights: Section 14: reproduce, issue copies, perform or communicate to the public, adapt, translate, and for films and sound recordings, sell or commercially rent; Can be assigned or licensed, in whole or in part.

How to solve Copyright questions

Use this order for any written question on copyright, from short notes to a case-based problem.

1Identify the work. Place it in one of the protected classes and check it is original and expressed in some form, not merely an idea.
2Identify the author and the arrangement under which the work was made: own initiative, employment, commission or Government work.
3Apply the ownership rule. State the default (author) and the relevant exception, and check for any contrary agreement in the facts.
4List the rights engaged. Separate economic rights (section 14) from moral rights (section 57) and say which one the facts touch.
5Check the term of protection and its starting point if the question asks about duration or whether the work is still protected.
6Apply the rule to the facts and state a clear conclusion. Add practical points, such as a written assignment, licence terms or registration for evidence.

Quickest way: Work, Owner, Rights, Term

When to use it: Use it for short notes and for the opening lines of a case-based answer when time is short.

Write the work class in one line and note originality.
Write who owns it and why, naming the exception that applies.
Write the right in issue: economic or moral. Give the section number only if you are sure of it.
Write the term with its starting point.
Close with a one-line conclusion tied to the facts.

Common mistakes in Copyright

Saying copyright protects ideas, concepts or titles of work as such.
Students mix copyright with patents, which protect inventions and ideas in applied form.
Fix: State that copyright protects expression only. Add that facts, methods and ideas stay free for anyone to use.
Assuming registration is needed for copyright to arise.
Trademarks and patents need registration, so students carry that over.
Fix: Write that copyright arises on creation. Registration is optional and gives prima facie evidence of the particulars entered.
Giving the employer ownership of every work made by a person who is paid.
Students do not separate a contract of service from a contract for services.
Fix: Check whether the creator is an employee. An independent contractor is generally the first owner unless the contract assigns the work.
Thinking moral rights are lost when copyright is assigned.
Students treat all rights as one bundle that moves together.
Fix: Say that moral rights belong to the author separately and survive assignment of the economic rights.
Quoting one term of sixty years for every work.
The figure sixty is common, so the starting points get blurred.
Fix: For original literary, dramatic, musical and artistic works, count the author's life plus sixty years. For films, sound recordings and the other listed categories, count sixty years from publication. Begin from the next calendar year.
Treating performers' rights or broadcast rights as the author's copyright.
Students ignore the difference between creators and those who perform or transmit works.
Fix: Describe neighbouring rights as related rights that protect performers and broadcasters. Keep them separate from the author's rights.

Worked examples

Example 1

Meera Textiles Pvt. Ltd. employs Arjun as a salaried designer. In the course of his job, Arjun creates an original fabric print. He later claims he owns the copyright. Advise the company. There is no agreement on ownership.

Show the solution

Provision: the first owner of a work is the author. An exception applies where the work is made in the course of employment under a contract of service. The employer is then the first owner, unless there is an agreement to the contrary.
Facts: Arjun is a salaried employee. He created the print while doing his job. The facts state there is no contrary agreement.
Analysis: the fabric print is an original artistic work, so it is protected. The employment exception applies, so Arjun is the author but not the first owner of the copyright.
Moral rights: Arjun can still claim authorship of the work and object to distortion that harms his honour or reputation. This does not give him ownership of the economic rights.
Practical point: the company should include an express ownership clause in employment contracts and keep records of creation.

Answer: Meera Textiles Pvt. Ltd. is the first owner of the copyright in the print. Arjun's claim fails. He keeps his moral rights as author.

Example 2

Rohan, a poet, dies in 2020 after publishing a poetry collection in his lifetime. Until when does copyright in the collection subsist? Would your answer differ for a cinematograph film published in 2020?

Show the solution

Provision: for an original literary work published in the author's lifetime, the term is the author's life plus sixty years. The count begins from the beginning of the calendar year following the year of death.
Application: Rohan died in 2020, so the count starts from 1 January 2021. Sixty years from that date ends on 31 December 2080.
Film: the term for a cinematograph film is sixty years from the beginning of the calendar year after publication.
Application to the film: the film was published in 2020, so the count starts from 1 January 2021 and ends on 31 December 2080.
Observation: the dates match here by coincidence of the facts. The rules differ. The poet's term depends on his death, and the film's term depends on publication.

Answer: Copyright in the poetry collection lasts until 31 December 2080. The film published in 2020 would also be protected until 31 December 2080, but its term is counted from publication, not from the death of any person.

Exam tips

Open with the protected class of work and say clearly that only expression, not ideas, is protected.
In case-based questions, decide ownership first. Most marks turn on employment, commission and contract facts.
Always separate economic rights from moral rights. Say moral rights survive assignment.
Write the starting point of the term, namely the beginning of the next calendar year. Show the arithmetic with a year.
When asked about neighbouring rights, define them as rights of performers and broadcasters and contrast them briefly with author's rights.

Practice questions from Types of Intellectual Property

Copyright: frequently asked questions

What works are protected under copyright in India?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Computer programmes are treated as literary works. Ideas and facts are not protected, only their expression.

What are the moral rights of an author under section 57?

The author has the right to claim authorship of the work. The author can also restrain or claim damages for distortion, mutilation, modification or other acts that prejudice honour or reputation. These rights continue after the copyright is assigned.

What is the difference between copyright and neighbouring rights?

Copyright belongs to the creator of the work. Neighbouring rights are related rights given to performers and broadcasters for their performances and broadcasts. They protect interpretation and transmission, not original creation.

Is registration compulsory for copyright in India?

No. Copyright arises automatically when an original work is created. Registration is optional, but the Register of Copyrights gives prima facie evidence of the particulars entered, which helps in disputes.