Copyright subsists in original literary, dramatic, musical and artistic works, in cinematograph films and sound recordings, and — because the Act treats a computer programme as a literary work — in software. It arises automatically on creation. There is no application to make and no fee to pay for the right to exist.
That makes copyright the most commonly held and least well managed intellectual property a business owns. The problems that reach a lawyer are rarely about whether copyright exists; they are about who owns it, whether it was ever validly assigned, and what can be done about a copy. This page sets out the position for a business in Pune, including the forum rule that decides where an infringement suit can be brought.
Where a copyright application is filed
- Registering office
- Copyright Office, New Delhi — a single national office
- Territorial jurisdiction
- All of India; there is no state-wise or city-wise split
- Registration
- Optional — copyright subsists whether or not it is registered
- Statutory basis
- Sections 44 to 50, Copyright Act, 1957
- Office address
- Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi 110 078
- Suit may be filed at
- Pune, where the plaintiff resides or carries on business — Section 62(2)
Unlike trade marks and patents, copyright has no territorial division of offices. There is a single Copyright Office at New Delhi, and every application from anywhere in India goes to it. Filing is done through the Copyright Office's e-filing portal, so an applicant in Pune is in exactly the same position as one in Delhi.
Registration is not what creates the right. Under the Berne Convention, to which India is a party, copyright arises on creation of the work without formality. What an entry in the Register of Copyrights gives is evidentiary: under Section 48 the register is prima facie evidence of the particulars entered in it. In a dispute, that shifts the practical burden considerably, and it is why registration is worth doing for works of commercial value even though it is optional.
The provision that does have a city dimension is Section 62(2). An infringement suit may be instituted in the district court within whose jurisdiction the person instituting the suit resides, carries on business, or personally works for gain. That is a deliberate departure from Section 20 of the Code of Civil Procedure, 1908, under which a plaintiff ordinarily has to sue where the defendant is. A copyright owner based in Pune can therefore generally bring the action in Pune, whatever the infringer's location.
How the firm acts for a client in Pune
Copyright applications are filed through the Copyright Office e-filing portal, and the office is a single national one at New Delhi. The points below set out how the firm conducts a copyright matter for a client based in Pune.
Applications in Form XIV, together with the statement of particulars and copies of the work, are filed through the Copyright Office portal. There is no Pune copyright office to attend; every applicant in India files to the same office.
Chain-of-title review, assignments, licences, work-for-hire clauses and takedown correspondence are prepared on documents and settled by call and email.
Because Section 62(2) allows the owner to sue where they carry on business, an infringement suit for a Pune client will often be brought in Pune. The firm associates local counsel there to appear on the record, and continues to conduct the matter itself.
An initial consultation is arranged on request and is held by telephone or video. There is no fee for the initial conversation.
What the firm handles in copyright matters
- Copyright registration of literary, artistic, musical, cinematographic and software works
- Drafting of assignment, licensing and work-for-hire agreements
- Civil suits for copyright infringement and digital takedown notices
- Advisory on fair-dealing exceptions and statutory licensing
- Royalty disputes and copyright society matters
What copyright does and does not protect
Copyright protects the expression of an idea, never the idea itself. Most disputes about scope turn on that line.
Works in which copyright subsists
Section 13, Copyright Act, 1957
- Original literary works — including computer programmes, tables and compilations, by virtue of Section 2(o)
- Original dramatic and musical works
- Original artistic works — paintings, drawings, photographs, works of architecture, and works of artistic craftsmanship
- Cinematograph films
- Sound recordings
What falls outside
General principle and Sections 13, 15 and 52
- Ideas, concepts, methods, procedures and mathematical concepts — only the expression is protected
- Facts and information as such, though an original selection or arrangement of them may be protected as a compilation
- Titles, names and short phrases, which are generally too slight to be original works and are the province of trade mark law
- A design that is capable of registration under the Designs Act, 2000, once more than fifty articles have been made by an industrial process — Section 15(2)
- Acts of fair dealing under Section 52, including private and personal use, criticism or review, and reporting current events
Section 15(2) is the trap that catches product businesses. Where a drawing is used to make an article industrially, copyright in it ceases once more than fifty articles have been produced, unless the design was registered under the Designs Act, 2000. A company that relies on copyright in its design drawings, and never registers the design, can find it has no enforceable right in the article at all.
Who owns it — the question that decides most disputes
Under Section 17 the author is the first owner. The exceptions are what matter commercially. Where a work is made by an employee in the course of employment under a contract of service, the employer is the first owner. Where a photograph, painting, portrait or cinematograph film is commissioned for valuable consideration, the person commissioning it is the first owner.
The distinction between a contract of service and a contract for service does a great deal of work here. An employee on a payroll produces work the employer owns. A freelancer, agency or contractor engaged under a contract for service owns what they create unless there is a written assignment. Businesses routinely assume they own logos, code, photographs and copy paid for on invoice, and routinely do not.
An assignment must be in writing and signed by the assignor under Section 19. Two default rules catch out badly drafted assignments: if no period is specified, the assignment is deemed to be for five years under Section 19(5); and if no territory is specified, it is deemed to extend only to India under Section 19(6). A perpetual worldwide assignment has to say so.
Moral rights survive assignment. Under Section 57 the author retains the right to claim authorship and to restrain or claim damages for distortion, mutilation or modification prejudicial to their honour or reputation, independently of who owns the economic rights.
Documents required to register
- Application in Form XIV with the statement of particulars
- Copies of the work — for software, the source code and object code extracts as prescribed; for artistic works, the representation
- Name, address and nationality of the applicant, and of the author where different
- Where the applicant is not the author, the deed of assignment or a no-objection certificate from the author
- No-objection certificate from any person whose trade mark or portrait appears in an artistic work
- Power of attorney where an advocate or agent is appointed
- Where the artistic work is used or capable of being used in relation to goods or services, a search certificate from the Trade Marks Registry under Section 45
After filing, a mandatory waiting period of thirty days runs during which objections may be filed. If no objection is received and the application is in order, it proceeds to registration; if an objection is filed, the Registrar holds a hearing.
How an application proceeds
- 01 Establish authorship and chain of title
Before anything is filed, it is worth confirming who actually created the work and whether the rights ever moved. For commissioned work, agency work and software written by contractors, this frequently means putting an assignment in place first.
- 02 Prepare the application
Form XIV is filed with the statement of particulars, copies of the work, and any no-objection certificates required. Where an artistic work is capable of being used as a trade mark, a search certificate under Section 45 is obtained from the Trade Marks Registry.
- 03 Filing and diary number
The application is filed electronically with the Copyright Office at New Delhi, and a diary number is issued.
- 04 The thirty-day objection window
A statutory waiting period of thirty days runs from filing, during which any person may object to the registration.
- 05 Examination, or hearing if objected
If no objection is received, the application is examined for discrepancies, which the applicant is given an opportunity to remedy. If an objection is filed, the Registrar issues notice to both parties and holds a hearing.
- 06 Entry in the Register of Copyrights
On being satisfied, the Registrar enters the particulars in the register and issues the extract. Under Section 48, the register is prima facie evidence of the particulars entered in it.
How long copyright lasts
The term depends on the kind of work, and only some of them run from the author’s life. Terms are computed from the beginning of the calendar year following the relevant event.
| Work | Term | Basis |
|---|---|---|
| Literary, dramatic, musical and artistic works (published in the author’s lifetime) | Lifetime of the author plus sixty years | Section 22 |
| Anonymous and pseudonymous works | Sixty years from publication | Section 23 |
| Posthumous works | Sixty years from publication | Section 24 |
| Photographs | Sixty years from publication | Section 25 |
| Cinematograph films | Sixty years from publication | Section 26 |
| Sound recordings | Sixty years from publication | Section 27 |
| Government works and works of public undertakings | Sixty years from publication | Sections 28 and 28A |
Software, being a literary work, takes the Section 22 term — the life of the author plus sixty years. Where the first owner is a company by virtue of employment, the term is still measured by reference to the author’s life.
Government fees for copyright registration
| Application | Fee |
|---|---|
| Literary, dramatic, musical or artistic work | ₹500 per work |
| Literary or artistic work used or capable of being used in relation to goods or services | ₹2,000 per work |
| Cinematograph film | ₹5,000 per work |
| Sound recording | ₹2,000 per work |
| Computer programme (registered as a literary work) | ₹500 per work |
These are the statutory fees payable to the Copyright Office under the Second Schedule to the Copyright Rules, 2013. They are not the firm’s fees. Riva Legal Associates does not disclose its professional fees on this website; the fee for a particular matter is set out in the engagement letter before work begins. Figures are given for general information and are subject to amendment of the Rules.
What can be done about infringement
Copyright is one of the few Indian intellectual property rights with a criminal as well as a civil route, which changes the practical options.
- Civil remedies — injunction, damages, account of profits and delivery up, under Section 55. In a suit, where the defendant proves they were not aware and had no reasonable ground to believe copyright subsisted, the plaintiff is confined to an injunction and a share of the profits.
- Criminal liability — knowing infringement is punishable under Section 63 with imprisonment and fine. Enhanced penalties apply on a second conviction under Section 63A.
- Digital takedown — intermediaries are required to act on notice under the Information Technology Act, 2000 and the rules made under it, which is often the fastest route against online copying.
- Border enforcement — copyright owners may record their rights with Customs, allowing infringing imports to be detained.
- Anton Piller and John Doe orders — courts have granted search-and-seizure and unnamed-defendant orders in copyright matters, particularly in film and software piracy.
A registration is not a precondition to any of these. It is, however, close to indispensable in practice, because Section 48 spares the owner from having to prove subsistence and ownership from first principles before the merits are reached.
Where a copyright suit from Pune is filed
Section 62(2) of the Copyright Act, 1957 is the provision that matters. It permits an infringement suit to be instituted in the district court within whose local limits the person instituting the suit resides, carries on business, or personally works for gain. This is an exception to Section 20 of the Code of Civil Procedure, 1908, under which a plaintiff must ordinarily sue where the defendant resides or where the cause of action arose.
The practical effect is that a copyright owner carrying on business in Pune can generally bring the action in Pune, without having to follow the infringer to another state. Note that the Supreme Court has held the provision is not a licence to choose any convenient forum — in Indian Performing Rights Society Ltd v Sanjay Dalia, (2015) 10 SCC 161, the Court read Section 62 alongside Section 20 so that a plaintiff with a principal place of business at one place cannot sue at a subordinate office elsewhere where the cause of action arose at the principal place.
The suit is instituted before the Commercial Court at Pune, with the Bombay High Court (principal seat at Mumbai) hearing the matter in appeal. A copyright suit of a specified value is a commercial dispute under the Commercial Courts Act, 2015.
Criminal complaints under Section 63 are filed before the jurisdictional magistrate. Appeals from the Registrar of Copyrights, and the functions formerly exercised by the Copyright Board and then by the Intellectual Property Appellate Board, now lie to the High Court following the Tribunals Reforms Act, 2021.
There is no Intellectual Property Division and no High Court bench at Pune. Intellectual property suits are heard as commercial disputes by the Commercial Court at Pune, with appeals to the Bombay High Court at its principal seat in Mumbai. A party in Pune should expect the appellate stage of a contested matter to be conducted in Mumbai.
Where copyright questions commonly arise in Pune
Pune is one of India’s principal automotive and engineering manufacturing centres, with a large software services sector and a concentration of research and educational institutions. That shapes the copyright work that comes out of the city.
- Software and IT services — ownership of code written by contractors and agencies, and open-source compliance across a large services industry.
- Animation, gaming and visual effects — character design, assets and engine code, where the work is usually commissioned.
- Education and publishing — course material, question banks and textbooks, and the limits of fair dealing.
- Engineering drawings and technical documentation — subject to the Section 15(2) fifty-article rule where used to make articles industrially.
- Advertising and design — campaign artwork commissioned without written assignment.
- Music and performing arts — a strong classical and theatre tradition, raising performance and adaptation rights.
Sector context is set out here to describe the local economy and to indicate where questions of this kind arise. It is not a statement about the firm’s clients or engagements.
Relevant statutory framework
- Copyright Act, 1957
- Copyright Rules, 2013
- Berne Convention
- Information Technology Act, 2000
- Commercial Courts Act, 2015
- Code of Civil Procedure, 1908
Frequently asked questions
Is copyright registration compulsory in India?
No. Copyright arises automatically on creation of an original work and subsists whether or not it is registered. Registration is optional. What it provides is evidentiary value: under Section 48 of the Copyright Act, 1957 the Register of Copyrights is prima facie evidence of the particulars entered in it, which materially eases the task of proving subsistence and ownership in a dispute.
Where is the copyright office for Pune?
There is only one Copyright Office in India, at Boudhik Sampada Bhawan, Dwarka, New Delhi. Unlike trade marks and patents, copyright has no territorial division of offices, and applications from anywhere in India are filed to that office electronically.
Can an infringement suit be filed in Pune?
Generally yes. Section 62(2) of the Copyright Act, 1957 allows the suit to be instituted where the person instituting it resides or carries on business, which is an exception to the ordinary rule that a plaintiff must sue where the defendant is. A rights owner carrying on business in Pune can usually sue in Pune. The Supreme Court in Indian Performing Rights Society Ltd v Sanjay Dalia, (2015) 10 SCC 161 placed a limit on using a subordinate office to manufacture a convenient forum.
Who owns copyright in work done by a freelancer or agency?
The freelancer or agency, unless there is a written assignment. Section 17 makes the employer the first owner only where the work is made in the course of employment under a contract of service. A contractor engaged under a contract for service keeps the copyright. Payment of an invoice does not transfer it, and this is the single most common ownership problem businesses discover late.
Can software be registered as a copyright?
Yes. A computer programme is a literary work under Section 2(o) of the Copyright Act, 1957 and is registered as such, with source and object code extracts filed as prescribed. Copyright protects the expression — the code as written — and not the underlying function or idea, which is why software protection is often considered alongside the question of patentability.
How long does copyright registration take?
A statutory waiting period of thirty days runs from filing during which objections may be filed. If no objection is received and no discrepancy is raised, the application proceeds to examination and then registration. Where an objection or a discrepancy arises, a hearing follows and the period extends. No timeline can be assured.
What is the difference between copyright and a trade mark for a logo?
A logo can be both. Copyright protects it as an original artistic work from the moment it is drawn. A trade mark protects it as a badge of origin for particular goods or services, and only on registration for those goods or services. They protect different things, are infringed in different ways, and are usually worth holding together. Where an artistic work is capable of being used as a trade mark, a search certificate from the Trade Marks Registry under Section 45 is required before copyright registration.
What does an assignment have to say to be effective?
It must be in writing and signed by the assignor under Section 19. It should identify the work, the rights assigned, the duration and the territory. If duration is not specified it is deemed to be five years under Section 19(5); if territory is not specified it is deemed to be India only under Section 19(6). Moral rights under Section 57 remain with the author whatever the assignment says.
Can the firm act in a Pune copyright matter from Jaipur?
Registration is filed to a single national office at New Delhi electronically, and chain-of-title, assignment and takedown work is document work. Where an infringement suit is brought in Pune under Section 62(2), the firm associates local counsel to appear on the record and continues to conduct the matter itself. The firm’s chambers are in Jaipur.
Riva Legal Associates works from a single chambers in Jaipur, Rajasthan and does not maintain an office in Pune. Matters requiring appearance before a court in Maharashtra are handled in association with local counsel.
This page is published for general information about the law and procedure that applies to a business in Pune. It is not legal advice, an advertisement, or a solicitation, and it should not be relied upon as a statement of the law applicable to any particular matter. For advice on a specific matter, please contact the firm or consult a qualified advocate.
Other intellectual property matters in Pune
Copyright in other cities
The firm accepts matters from clients across India, in association with local counsel where appearance in another state is required.
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