Copyright Form XIV: applying to register copyright in India

Do you need to register copyright?

Copyright exists automatically once an original work is created and fixed. Registration is not mandatory, but the extract from the Register of Copyrights is prima facie evidence of the particulars entered, which helps in disputes, licensing, platform takedowns and investment due diligence. Software is protected as a literary work, so source code and documentation can be registered. Logos can be registered as artistic works, alongside trademark registration. Registration can be made for both published and unpublished works. For unpublished works, the applicant files copies of the manuscript or work as it stands.

Official fees

Fees are paid online on the e-filing system. Each work generally needs a separate application. Separate applications are also needed for different versions of software where the changes are substantial.

Documents needed

Details of the author, publication status, first publication date and country must be consistent across the form and annexures. Inconsistencies are the most common reason for discrepancy letters, so cross-check every date and name before submitting.

• Copies of the work (source code extracts for software, as allowed)
• Statement of particulars and statement of further particulars
• No objection certificate from the author if the applicant is not the author
• Assignment deed or employment contract proving ownership, where relevant
• NOC from any person whose photograph appears in the work
• Search certificate from the Trade Marks Registry for artistic works used on goods
• Power of attorney if filed through an agent or advocate

Ownership and assignment

Under the Copyright Act, the author is the first owner, but work created by an employee in the course of employment generally belongs to the employer, subject to contract. Work by freelancers and agencies usually belongs to them unless assigned in writing. An assignment deed should specify the rights, territory, duration and consideration. For startups, securing written assignments from founders, employees and contractors before registration avoids ownership questions during fundraising.

The process after filing

After filing, the application receives a diary number. There is a mandatory waiting period of 30 days for anyone to file an objection. If no objection is received, the application is examined and the examiner may issue a discrepancy letter, which must be answered within the time given.

If there is an objection, both parties are heard before the Registrar decides. Once cleared, the work is entered in the Register of Copyrights and an extract is issued. Timelines vary with the Office's workload.

Common mistakes

Common errors include filing in the founder's name for work owned by the company, missing the author's NOC, claiming a logo as copyright without the trademark search certificate, filing several works in one application, and inconsistent publication details. For software, uploading confidential source code beyond what is needed is a frequent concern; check the Office's guidance on extracts.

Step by step

1. 1Confirm ownership

   Check who owns the work: author, employer or assignee.

2. 2Prepare copies and NOCs

   Collect copies of the work, NOCs and ownership documents.

3. 3File Form XIV online

   Fill the statement of particulars and pay the fee.

4. 4Wait 30 days

   Allow the mandatory period for objections.

5. 5Answer discrepancies

   Respond to the examiner's discrepancy letter, if any.

6. 6Receive extract

   Download the Register of Copyrights extract once registered.