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Glossary

Copyright in India: meaning, term and registration

Copyright protects original literary, artistic, musical and software works. It arises on creation; registration gives evidence of ownership.

By Refogo Editorial TeamUpdated 2 min read2 sources cited

Short answer

Copyright is the exclusive right of the creator or owner of an original work to reproduce, publish, adapt and communicate it to the public. In India it is governed by the Copyright Act, 1957 and covers literary works including computer software, artistic, musical, dramatic and cinematograph works and sound recordings. Protection arises automatically on creation; registration provides evidence of ownership.

Law
Copyright Act, 1957
Protection
Automatic on creation
Term
Generally author's life plus 60 years
Registration
Optional, with the Copyright Office

What copyright covers

Copyright protects the expression of ideas, not ideas themselves. Software source code and object code are protected as literary works, website content and designs as literary and artistic works, and logos as artistic works, which can also be registered as trademarks. For most works, the term is the author's lifetime plus 60 years. Different terms apply to some categories, such as cinematograph films and sound recordings, which run 60 years from publication.

Ownership and registration

The author is the first owner, but under section 17, works created by employees in the course of employment belong to the employer unless agreed otherwise. Works created by freelancers or agencies belong to them unless assigned in writing under section 19. An application for registration is filed online with the Copyright Office, and the entry in the Register of Copyrights is prima facie evidence of the particulars recorded.

Why it matters for startups

Startups often hire freelancers for code, design and content, and without a written assignment the startup may not own those works. Put IP assignment clauses in employment and contractor agreements, collect assignments for past work before fundraising, and consider registering key software or creative assets to strengthen enforcement. Keep dated records of creation, such as code repositories and design files, as supporting evidence.

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Sources

Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.

Common questions

Is copyright registration mandatory in India?

No. Copyright exists automatically, but registration helps prove ownership in disputes.

Can software be protected by copyright?

Yes. Computer programs are protected as literary works. Patents for software are limited because computer programs per se are excluded.

Who owns code written by a freelancer?

The freelancer, unless the contract assigns copyright to the client in writing.