FAQ’s on Copyright

What is Copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

What is the scope of protection in the copyright Act, 1957?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.

Can ideas, procedures, methods of operation or mathematical concepts be protected under the Copyright Act, 1957?

Ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

Does copyright apply to titles & names?

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. To get the protection of copyright the work should be original.

Is it necessary to register the work to claim copyright?

Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

Where can I file application for registration of copyright for a work?

You can file the copyright registration application with the help of the IPR attorney. It benefits you to get the copyright application filled properly.

Can Fireflies Legal LLP assist me to file the copyright registration application?

The Legal Desk has a team of well-versed IPR attorneys who will assist you and consult you for the copyright registration.

Whether unpublished works are registered?

Both published and unpublished work can be registered.

Whether computer software or Computer Programme can be registered?

A computer programme or software can be registered under the Copyright Act as a “literary Work” it includes: computer programmes, source code, object code, tables, compilations and also includes computer database.

How can I get the copyright registration for my website?

Website as a whole is not subject to copyright protection. You can get the protection for the component parts of the website separately; e.g. digital files: compute database, computer programmes (literary work), charts, photographs, paintings (artistic work), musical notes etc. (musical work). It is very important to note that the Applicant is required to submit a separate application for each component work appearing on website.

How long I have to wait to get my work registered by the copyright office?

After you file your application and receive diary number there is a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise. If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant will be given 45 days’ time to remove the same. Therefore, it may take around 2 to 3 months’ time for registration of any work in the normal course.

How can I get the copyright registration for the App?

An App is a complete self-contained computer programme, which is designed to perform a specific task. Therefore the App can be register under the copyright Act as literary work. It may be register as the computer programme. It is important to note that the registration will cover any screen displays generated by that programme, provided that screen display is submitted by the Applicant. Mere snapshots of screen displays of app are not eligible for copyright protection.


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