Basics of Copyright Law in India: What Can Be Protected?

Copyright law in India forms one of the key pillars of intellectual property (IP) protection, fostering creativity while balancing fair access to knowledge and culture. At its core, copyright protects original expressions of ideas rather than ideas themselves. For Indian law students, understanding what can be protected, how copyright is acquired, and how courts interpret these rights is essential to appreciating the evolution of IP law in a digital and globalized age.

1. Legal Framework of Copyright Law in India

The Copyright Act, 1957, supported by the Copyright Rules, 1958, governs the law relating to copyright in India. The Act was enacted to consolidate and modernize prior colonial-era laws and has undergone several amendments—most notably in 2012—to address technological and digital developments.

Objectives of the Copyright Act

To protect the rights of creators, musicians, artists, and innovators.
To promote creativity by granting exclusive economic and moral rights.
To ensure fair use of works for education, research, review, and criticism.
To harmonize Indian law with international conventions like the Berne Convention (1886), Universal Copyright Convention (1952), and the TRIPS Agreement (WTO, 1995).

The Act is administered by the Copyright Office and the Copyright Board (now the Appellate Board, merged under the Tribunals Reforms Act, 2021) under the supervision of the Department for Promotion of Industry and Internal Trade (DPIIT).

2. Nature and Characteristics of Copyright

Under Section 13 of the Copyright Act, 1957, copyright protection arises automatically upon the creation of the work—registration is not mandatory, although it serves as evidentiary proof in infringement cases. Therefore, copyright is automatic and attaches to all eligible works from the moment they are expressed in a tangible medium (writing, recording, painting, etc.).

Key Characteristics:

Originality: The work must be an original creation, not copied. The standard under Indian law is “modicum of creativity” (as established in Eastern Book Company v. D.B. Modak, 2008).
Fixation: Ideas must be expressed in a tangible medium.
Territorial Jurisdiction: Protection applies throughout India (and in other Berne member countries).
Duration: Life of the author + 60 years (Section 22–29).

3. What Can Be Protected? — Section 13 of the Act

Section 13 enumerates the categories of works that can enjoy copyright protection in India.

(a) Literary Works (Section 2(o))

Includes books, manuscripts, computer programs, databases, compilations, and even software code. Computer software enjoys the same protection as traditional literary works, making copyright relevant to modern technologies.

(b) Dramatic Works (Section 2(h))

Covers plays, scripts, screenplays, choreography, dialogues, and scenarios capable of being performed. Copyright extends to the expression of dramatic sequence and not to generic ideas.

(c) Musical Works (Section 2(p))

Refers to musical compositions encompassing melody, harmony, or rhythm, independent of lyrics. However, performance or sound recording of music is separately protected under Section 13(1)(b) and (c).

(d) Artistic Works (Section 2(c))

Includes paintings, drawings, sculptures, photographs, architectural works, and applied art. Protects both commercial design and fine art but excludes methods or processes of manufacture.

(e) Cinematograph Films (Section 2(f))

Refers to video, visual recordings, films, web series, and other audiovisual creations. Protection includes the physical film reel and digital content. The producer is the first owner under Section 17(b).

(f) Sound Recordings (Section 2(xx))

Applies to any stored form of sounds, including music albums, podcasts, and recordings. Protects against unauthorized reproduction or digital dissemination.

4. Economic, Moral, and Neighbouring Rights

(a) Economic Rights (Section 14)

Include the right to reproduce, publish, distribute, translate, adapt, and communicate the work to the public. Economic rights may be assigned or licensed to others.

(b) Moral Rights (Section 57)

Protect the personal and reputational link between the author and the work. Artists retain:

The right of paternity (to be identified as author), and
The right of integrity (to prevent distortion or mutilation of their work).

Case: Amarnath Sehgal v. Union of India (2005) — Delhi High Court upheld moral rights of a sculptor whose mural was damaged by the Government, stating authors have a perpetual right to protect the integrity of their creations.

(c) Neighbouring Rights (Sections 37—39A)

Cover performers, broadcasters, and producers of phonograms. Performers hold rights to control recording, reproduction, and broadcasting of their performances.

5. Ownership and Assignment of Copyright

(a) First Ownership (Section 17)

The author is usually the first owner. However, exceptions exist:

Employer owns work created by employees in the course of employment.
Producer owns cinematographic and sound recording works.
Commissioned works may assign copyright via contract.

(b) Assignment & Licensing (Sections 18–19)

Assignments must be in writing, specifying territory, duration, and consideration. The 2012 Amendment ensures authors retain royalty rights even when copyrights are transferred.

(c) Joint Authorship (Section 2(z))

Collaborative works enjoy joint ownership, provided contributions are inseparable.

6. What Cannot Be Protected

Ideas, procedures, systems, concepts, or methods (Section 2(y) read with case law).
Facts, slogans, or titles unless forming part of substantive original expression.
Government publications may have special exemptions under Section 52.

Case: R.G. Anand v. Deluxe Films (1978) — Supreme Court held that ideas, plots, or themes aren’t protected—only expressions of those ideas are.

7. Infringement and Remedies

(a) Civil Remedies (Section 55)

Injunctions (temporary and permanent)
Damages/Account of profits
Delivery up and destruction of infringing copies

(b) Criminal Remedies (Section 63)

Willful infringement is a criminal offense punishable by imprisonment (6 months–3 years) and fines (₹50,000–₹2 lakh).

(c) Defenses & Exceptions (Section 52)

Covers “fair dealing” exceptions for purposes such as:

Private research or study,
Criticism or review,
Reporting current events,
Judicial and legislative proceedings.

Case: India TV Independent News Service v. Yashraj Films (2012) — Delhi High Court held that using film clips for commercial news broadcast was not “fair dealing.”

8. Landmark Case Laws Defining Protectable Works

1. R.G. Anand v. Deluxe Films (1978)

Principle: Copyright protects the expression of ideas, not the idea itself. If two works are based on similar ideas, they aren’t infringing unless expression of idea is identical.

2. Eastern Book Company v. D.B. Modak (2008)

Principle: Clarified originality test—adopted “modicum of creativity” standard. Supreme Court held that headnotes and formatting in law reports showed creative input worthy of protection.

3. Civic Chandran v. Ammini Amma (1996)

Principle: Balanced rights of authors and subsequent creators by recognizing parody and fair dealing as legitimate uses.

4. Amarnath Sehgal v. Union of India (2005)

Principle: Reinforced moral rights under Section 57. Artists retain enduring moral connection with their creations even after economic rights are assigned.

5. Saregama India Ltd. v. Balaji Motion Pictures Ltd. (2019)

Principle: The Delhi High Court upheld that unauthorized reproduction of original music and lyrics in cinematographic contexts constitutes infringement; reaffirmed importance of licensing.

6. Star India Pvt. Ltd. v. Moviestrunk.com (2019)

Principle: Unauthorized streaming and online distribution of copyrighted video content are copyright infringements under Sections 14 and 51.

9. International Dimensions and Digital Evolution

India is a signatory to key global instruments:

Berne Convention (1886) – automatic copyright protection.
TRIPS Agreement (1995) – harmonized minimum standards globally.

Digital Age Challenges

Recent Draft Copyright (Amendment) Rules, 2025, propose digital transactions for royalty payments and online licensing.

Emerging issues include:

Online piracy and unauthorized streaming.
AI-generated content—questions of authorship and ownership.
Platform liability for infringing user-generated content.

Courts increasingly rely on technology-neutral interpretation to ensure that creators’ rights remain enforceable despite medium changes.

10. Practical Guidelines for Law Students & Practitioners

Understand Section 13 Thoroughly: Form the conceptual base of what constitutes protectable work.
Emphasize Distinction Between Idea and Expression: This principle governs most disputes.
Advise Creators to Document Creation Processes: For evidentiary value in litigation.
Stay Updated on Digital IP Trends: Streaming and AI developments redefine copyright boundaries.
Reference Case Law Analytically: Build arguments using leading precedents such as R.G. Anand, Modak, and Amarnath Sehgal.

11. Conclusion

Copyright law in India provides a flexible yet protective framework, encouraging creativity and innovation while balancing collective knowledge access. Through the Copyright Act, 1957, India recognizes a wide range of creative works—literary, artistic, musical, dramatic, cinematographic, and sound recordings—as intellectual property deserving legal shelter.

For law students, mastery of copyright begins with grasping Section 13’s subject matter, Section 14’s economic rights, and Section 57’s moral protections, alongside studying landmark judicial pronouncements that continue to refine originality, authorship, and fair use. In the digital age, as new technologies blur lines between creation and reproduction, copyright remains a cornerstone for safeguarding creativity—a field where law evolves with art, technology, and society itself.

Key References:

The Copyright Act, 1957
R.G. Anand v. Deluxe Films (1978)
Eastern Book Co. v. D.B. Modak (2008)
Amarnath Sehgal v. Union of India (2005)
Saregama India Ltd. v. Balaji Motion Pictures Ltd. (2019)
India TV Independent News Service v. Yashraj Films (2012)