Lawsikho Blog

With Studio Ghibli’s iconic art style taking over the internet, one needs to be aware of the copyright attached to it. This article breaks down what copyright is, why it matters, and how you can register your own work to protect your creative rights. Whether you are an artist, designer, or content creator, understanding copyright is the first step in owning what you make. 

Aman and Meenu were taking their usual Sunday morning walk. Out of nowhere, Aman stopped walking and pulled out his phone from his pocket. He wanted to show Meenu some pictures on this phone, and he was practically bursting with excitement as he showed Meenu the pictures. 

“Meenu, Meenu! Do check this out! Look at these animated pictures! It is so perfect!” he said, beaming. He pointed to the pictures and said, “So this is me in School and this is my pup, Ronnie! “I can’t get over how cute this is!”

Meenu laughed, “Jee, Aman, calm down! Let me see!” she said.  

Aman held out the phone to her yet again, but as Meenu saw more pictures, she grew a little skeptical. “How did you do this, though?” she asked.

“Okay, so you just need to upload a photo of yours and ask ChatGPT to generate it and make it look like Studio Ghibli images!” Aman said. 

“Oh my… So that is why these look familiar. These look way too much like actual Ghibli art. Do you realise this might actually be copyright infringement?” she said. 

“Aman scoffed. “What? No way! I did not copy anything. AI did this, not me!”

Meenu sighed. “Yeah, that is the problem, Aman. “So, DALL.E by Open-AI is the one generating the images. AI tools are actually trained on existing artwork. So, they would have also trained the model in Ghibli’s films. If the AI reproduces their distinct, unique style, it could still be copyrighted. And in this case, Studio Ghibli owns the rights to their characters, art style, and even certain compositions.”

Aman frowned. “But it is not exactly their work, it is just inspired!”

“Okay, Inspired? Maybe. Legal? Not necessarily.” Meenu replied. “Now, you might face issues with this one because Ghibli is not Indian, but what if you copy an Indian artist’s work? You will definitely get caught.”

“Okay, but I did not copy it, and even if I did, it would not be me, it will be AI,” said Aman. 

Meenu folded her arms. “But you are the one generating it, which means you own it. And if you own it, you are responsible for it. The laws on AI and copyright are still evolving, but think about it, Aman, you are a designer yourself! How would you feel if someone copied your art without permission?”

“Oh my god, you are right!  How do I protect my designs?” Aman asked, concerned. 

Meenu smiled, “I am going to teach you all about copyright today, and we will copyright your designs as well. Sounds good?

Aman nodded in agreement and grinned, “Yes, but Meenu, won’t AI just push people to better their art? We are always evolving.” 

Meenu chucked, “That is a debate for another day, Aman. Today, let us learn.”, 

Why does copyright matter for creators?

Aman’s work revolves around digital animation. He specifically does the art of ancient Indian architecture. The art is quite unique and not something you see often. If you are a creator in general, or if you have ever written a book, composed music, designed artwork, or even developed software, you have created something valuable, something worth protecting. But what happens if someone copies your work without permission? That is where copyright comes in.

In India, copyright is governed by the Copyright Act, 1957, which safeguards the rights of creators over their original works. It does not matter if you are an author, musician, artist, or developer; understanding copyright ensures that your hard work is not exploited unfairly.

It gives you legal protection in the sense that copyright gives you exclusive rights to reproduce, distribute, and monetise your work, so if Aman gets his work copyrighted, then only he can reproduce and distribute his artwork. And, without copyright, anyone could copy and profit from your creation, and this is something you want to avoid because only you should be able to monetise with your work.

Because of copyright, you also have the right to sell, or legally enforce your rights if someone steals your work, plus you have long-term security because once you get your work copyrighted, your work stays protected for your entire life and an additional 60 years. 

AI and copyrights 

Recently, Studio-Ghibli-inspired images have flooded all social media. So the big question, “Can AI be held responsible for creating copied work?” Well, technically, no. AI itself cannot be held legally accountable, as it is not recognised as a legal entity under current laws, including in India. However, its use can negatively impact original creators if it leads to unauthorised reproductions. In such cases, responsibility falls on the user who generated the content or the developer of the AI system, depending on the circumstances.

These have come up in court. Indian courts have officially stepped into the AI copyright debate, and it’s getting interesting. One of the most talked-about cases is the lawsuit filed by Asian News International (ANI) against OpenAI in late 2024. ANI claims that OpenAI used its news content without permission to train AI models like ChatGPT, and even worse, that the AI generated fake news stories wrongly attributed to ANI, putting its credibility at risk.

This case and others now lining up are forcing Indian courts to wrestle with big questions: Can training an AI on copyrighted content be considered fair use under Indian law? Who is liable if an AI spits out misleading or infringing content? But these are ongoing, and we might still have to wait quite a bit for clarity. 

So yes, AI might have certain restrictions on what to generate and what not to generate. But AI tools were allowed to make Studio Ghibli-inspired work. And of course, when such an update is done and made available to the public, the users and consumers are going to use it. 

Then, there is the ethical issue. Studio Ghibli artwork takes time to make. A two-second video of the art style with intricate details can take up to years to be done. And ChatGPT, with the help of DALL·E, can generate the same thing in a few seconds. 

Right now, there is a good plausibility that there are more AI-generated pictures of Studio Ghibli art than the actual Studio Ghibli art. Or maybe it can be in the future. Something to think about, right?

Take a look at the pictures below – 

Via @heybarsee on X.com.

Via @ivivekch on on X.com.

Okay, now let us say you saw these pictures for the first time in January 2025. You would recognise the famous picture of the girl in front of a burning building because it became a huge meme. You will also recognise the famous train scene from the movie Dilwale Dulhania Le Jayenge. 

But would you have recognised the animation style? Most likely not, unless you are into Japanese movies and artwork. This is why copyright becomes important, to not only protect your piece of work but also have a legal right to take action who may monetise from your work. 

Let us take this one for example – 

Do you recognise this? This is a unique type of animation. It is from Bombay Rose, which is a 2019 Indian animated film written, edited, designed and directed by Gitanjali Rao.

Now, I asked ChatGPT to make a similar one with the same animation style, and it did with the help of DALL·E.

Super similar, right?

However, how much are we concerned about ethicality unless legality is involved? So let us take a look from a legal point of view. 

A legal perspective on ethical concerns

1. Inspiration vs. substantial similarity

Okay, so AI-generated content can be inspired by existing artistic styles, such as Studio Ghibli’s use of soft color palettes, hand-drawn animation, or nature-driven themes without necessarily copying them. Under Indian copyright law, mere inspiration is not infringement unless the resulting work bears substantial similarity to the original. So, if an AI model learns general artistic trends or themes without reproducing protected expression, it is unlikely to constitute copyright infringement. However, this is a factual question assessed case-by-case basis.

While OpenAI and other developers may claim that their models merely “learn” from publicly available art styles, this actually does not immunise them from legal scrutiny, especially if the outputs are substantially similar to identifiable works. Indian law emphasises originality and substantial copying, not the learning method.

2. Fair dealing and the limits of “Transformative Use”

The concept of “transformative use” originates from U.S. fair use doctrine (17 U.S.C. § 107), particularly in contexts like parody, criticism, or commentary. Indian law, however, does not explicitly recognise transformative use as a standalone defense. Instead, Indian courts apply the doctrine of fair dealing under section 52 of the Copyright Act, 1957, which permits limited use of copyrighted works for specific purposes (e.g., private use, education, research, criticism, and review).

So, if AI-generated output significantly alters or recontextualises existing art, such as for parody or critique, it might qualify as fair dealing. However, if the output is too similar to the original or affects its commercial market, it may still amount to infringement. The legal status of AI-generated art in India is a grey area. Liability may fall on the users or developers, depending on the nature of use and resulting impact.

3. Substantial similarity vs. direct copy

Under section 14 of the Copyright Act, 1957, infringement does not require an exact copy. Courts actually will assess whether the allegedly infringing work reproduces a “substantial part” of the original expression. This test considers both qualitative and quantitative similarity, meaning that even if a work is not identical, it can still infringe if it captures the essence or distinctive elements of the original.

So, if an AI model generates content that closely mimics the style, characters, or scenes of Studio Ghibli, it may still constitute copyright infringement, even without a pixel-perfect duplication. The legal question hinges on whether the AI output appropriates enough of the original work to be deemed a substantial reproduction.

4. Commercial use 

If AI-generated images resembling Ghibli’s style are sold without permission, that could be a legal problem. So if someone uses an AI tool to create Ghibli-like artwork and sells it as prints, then it would be a direct infringement. 

Legal framework 

So how does India govern this? The legal framework for copyright protection in India is the Copyright Act, 1957, which has undergone multiple amendments to address evolving technological, economic, and global intellectual property standards. Then, there is also the Copyright Rules, 2013, which provide procedural details for registration, enforcement, and dispute resolution. Additionally, India’s participation in international copyright treaties ensures that its legal regime aligns with global norms.

1. The Copyright Act, 1957

The foundational legislation for copyright in India, the Copyright Act, 1957, establishes the scope of copyrightable works, ownership rights, and enforcement mechanisms. Key aspects include:

Copyrightable works: The listing of works that are eligible for copyright protection is covered under section 13 of the Act. The Act protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings. Also, Computer programs and databases are classified as literary works under the Act.

Ownership and authorship: So, usually, the creator or the author is the first owner of the copyright, but in cases of employment where the employer may own the right or commissioned works, this is also subject to contractual agreements.

Duration of protection:

1. For literary, dramatic, musical, and artistic works, copyright lasts for the author’s lifetime plus 60 years from the year following their death, so if Aman registers for copyright, then he will have protection for his entire lifetime and plus 60 years after his death, so getting your work copyrighted is truly worth it. 
2. For cinematograph films, sound recordings, photographs, and anonymous works, protection extends for 60 years from publication.

Fair dealing provisions (Section 52): Permits limited use without authorisation for research, private study, criticism, review, news reporting, judicial proceedings, and educational purposes, provided the use is fair, non-commercial, and does not harm the market value of the original work.

2. Copyright Rules, 2013

Then comes the Copyright Rules, 2013, which provide detailed procedural guidelines for:

Registration of works: You must submit a Form XIV, along with the requisite fee, and keep in mind that the fee varies based on the type of work. You should also submit copies of the work. The Registrar examines the application and may request modifications before granting registration.

Role of the Registrar of copyrights: The Registrar maintains the Copyright Register, which is a public record of registered works, and facilitates opposition proceedings and here, third parties can challenge a registration.

Penalties for infringement: The Rules also outline civil and criminal remedies, including injunctions, damages, seizure of infringing copies, and imprisonment that can go up to three years and fines that can go up to ₹2 lakh under sections 63-70 of the Act.

3. International Treaties and compliance

India is a signatory to major international copyright conventions, ensuring reciprocal protection for Indian works abroad:

1. Berne Convention (1886): Mandates automatic protection without formal registration in all member countries and enforces minimum standards for copyright duration and rights.
2. Universal Copyright Convention (UCC, 1952): Provides an alternative framework for copyright recognition, particularly for countries outside the Berne Union.
3. TRIPS Agreement (1995): Under the WTO, India complies with Trade-Related Aspects of Intellectual Property Rights, ensuring copyright enforcement aligns with global trade laws.
4. WIPO Copyright Treaty (1996): Extends protection to digital works, prohibiting circumvention of technological protection measures (DRM) and unauthorised digital distribution.

Is registration mandatory?

Technically, copyright exists automatically the moment you create an original work. But I would say, registration strengthens your legal standing. In cases where someone infringes on your work, a registered copyright always makes it easier to prove ownership in court.

So yes, while registration is optional, it can offer procedural advantages in enforcement. Under section 48 of the Copyright Act, registration serves as prima facie evidence of ownership in court, making it easier to assert and prove rights during litigation. So while registration does not strengthen your legal rights, it can streamline enforcement by providing evidentiary support.

What are the benefits of copyright registration?

Okay, so I have told you to register, let me also tell you the benefits of the same. 

1. Establishes legal proof of ownership

Let’s take Aman’s case here, one of the most critical advantages of registration is that it provides Aman with conclusive evidence of ownership in a court of law, because if he has registered it, then he is the owner of his art now. The copyright certificate issued by the Registrar of Copyrights acts as prima facie proof, eliminating ambiguity in disputes. So, without registration, proving ownership can become a lengthy and complicated process, especially if the work was created years prior.

2. Strengthens enforcement against infringement

There can always be situations where someone copies Aman’s work. They can even distribute or commercially exploit his work without permission. Here, a registered copyright significantly strengthens his ability to take legal action. 

Courts actually recognise registered works more readily, allowing for faster injunctions, damages, and other remedies, and this will come to your advantage. On the other hand, unregistered works may require additional documentation and witness testimony to establish ownership, delaying the whole process.

3. Facilitates commercial exploitation

A registered copyright simplifies the process of licensing, selling, or transferring rights to third parties when needed. Publishers, production houses, and investors often prefer dealing with registered works because they don’t have to worry about an ownership document existing or not. This makes it easier to negotiate contracts, royalties, and distribution agreements. Additionally, registered copyrights can be used as collateral for loans or as assets in business valuations.

4. Deters potential infringers

Publicly available copyright records act as a deterrent against unauthorised use because when a work is registered, potential infringers are more likely to recognise the legal risks of copying it. This is particularly important in industries like music, film, and publishing, where plagiarism and unauthorised adaptations are super common. 

5. Global protection through International Treaties

India is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, along with over 170 other countries. Under this treaty, copyright protection is automatic upon the creation of an original work and does not require registration in any member country, including India.

This means that if your work is protected in India, it is also recognised and protected in other Berne member countries not because it is registered, but because the treaty mandates mutual recognition of copyrights.

That said, registering your work in India can strengthen your legal position domestically, especially in court, by providing prima facie evidence of authorship (as per section 48 of the Copyright Act, 1957). However, it does not extend or trigger international protection; that protection already exists by virtue of creation and India’s treaty obligations.

6. Long-term protection and legal certainty

Copyright registration ensures that your rights are protected for the full duration allowed by law, typically the creator’s lifetime plus 60 years. This long-term security is invaluable for heirs and assignees who may need to enforce rights long after the original creator’s death.

7. Easier resolution of disputes

In cases of conflicting claims, a registered copyright helps resolve disputes efficiently because the Copyright Office maintains a public record, reducing the likelihood of fraudulent claims. This is particularly useful in collaborative works where multiple contributors may assert rights.

Who can apply for Copyright in India?

Copyright protection in India is not limited to a specific category of individuals or entities. The law recognises a broad range of applicants, ensuring that creators, their legal representatives, and even organisations can safeguard their intellectual property. So who is all eligible? 

1. Original creators

The primary right to file for copyright belongs to the original creator of the work. This includes:

• Authors who write literature, and music artists 
• Composers of music and songwriters 
• Artists, photographers, sculptors, and other visual creators
• Film directors and producers for cinematographic works
• Software developers for computer programs and code

If the work is created by multiple individuals (e.g., co-authors, joint composers), all contributors hold equal rights unless agreed otherwise in writing.

2. Legal heirs and assignees

In cases where the original creator is deceased, the legal heirs or successors can apply for copyright registration, and this ensures that the rights remain protected and can be enforced by the rightful inheritors. Also, if the creator has legally assigned or sold their copyright to another party (through a written agreement), the assignee becomes the rightful applicant.

Employers (for works made during employment)

If a work is created by an employee as part of their job, the employer typically holds the copyright, unless a contract states otherwise. This applies to:

• Journalists writing for a publication.
• Software engineers are developing code for a company.
• Designers, composers, or artists working under contractual employment.

The employer must provide proof of employment or a contractual agreement during registration.

Organisations and legal entities

• Companies, publishing houses, record labels, and production studios can apply for copyright if they commissioned the work or own the rights through an agreement. Examples include:
• Publishers registering books written by contracted authors.
• Production houses filing for films, soundtracks, or scripts.
• Tech firms protecting proprietary software developed by employees.

Anonymous and pseudonymous works

If a work is published under a pen name or anonymously, the publisher or a designated representative can apply for copyright on behalf of the creator. However, the true author’s identity may need to be disclosed in legal disputes.

Special cases

These are things like Government works where copyright for works created under government direction (e.g., reports, official documents) typically rests with the state unless stated otherwise.

There are also international applicants where foreign creators can register copyright in India under the Berne Convention, provided their country is a signatory.

A step-by-step process for registration of copyright

So how should Aman go about registering for a copyright? 

The whole process is quite simple, and the system is designed to be accessible. But when you are registered, you need to pay meticulous attention to documentation requirements and procedural timelines to ensure successful registration. 

So let us from the initial eligibility assessment. 

Step 1: Eligibility assessment and copyrightability verification

Okay, even before the evaluation, first you need to finalise your artwork. For Aman, this means that he needs to be sure of his final designs and animation style. He should also make sure that his digital animated painting is in a tangible form, and this can be in a high-resolution file, such as PNG, JPEG, or MP4.

After this, you must carefully evaluate whether their work qualifies for copyright protection under Indian law. The fundamental requirements stipulate that the work must represent an original creation of the author, demonstrating sufficient intellectual effort and creativity, and the protection extends to various categories, as we have already discussed. 

However, it is quite crucial to understand that copyright law protects only the expression of ideas rather than the ideas themselves, procedures, methods of operation, or mathematical concepts. 

Common exclusions include titles, names, short phrases, and mere variations of typographic ornamentation, unless they form an integral part of a larger copyrighted work, so that means that a title of a famous book can be copyrighted, but not in general. So think of Harry Potter, the name is copyrighted because there are many books which are written and copyrighted, but if the title ‘Harry Potter and the Chamber of Secrets’ were to be copyrighted, then it would have probably been denied. 

Step 2: Documentation preparation and requirements

In this phase of documentation, you should pay careful attention as incomplete or incorrect submissions represent the most common reason for application rejections. The foundational document is Form XIV, the standard application form for copyright registration, which must be accompanied by a detailed Statement of Particulars containing comprehensive information about the work, its creator, and ownership details. 

This is how your form would look – 

And your main details will go on here – 

For works where you are not the original creator, a No Objection Certificate (NOC) from the author is mandatory for you to establish a legitimate claim. All applications must include two complete copies of the work being registered, with specifications varying based on the work’s nature. So, unpublished works typically require hard copies while digital works may be submitted electronically.

Additional specialised documentation requirements apply to specific work categories. Literary works such as books or manuscripts must submit the title page, the last page, and three representative internal pages. 

• Musical compositions require submission of both lyrical content and musical notation, while sound recordings must include the audio file in the prescribed format. 
• Visual artworks demand high-resolution images that accurately represent the work, and software applications necessitate submission of the first and last ten pages of source code, with provisions for redacting confidential portions.

So what should Aman have here? He should have this:

1. his digital animated painting (Saved in an accepted file format: PNG, JPEG, MP4, GIF, etc.),
2. author’s details (Name, Address, Email, Phone Number),
3. declaration form (Stating that you are the original creator),
4. proof of creation (timestamped drafts, screenshots, or a video recording of the creation process can help in case of disputes),

The fee structure follows a sliding scale based on both the nature of the work and the type of applicant, with individuals paying between ₹500 to ₹5,000 and organisations facing fees ranging from ₹2,000 to ₹10,000. These fees are subject to periodic revisions, and they also differ with the specific works. You should verify current rates on the official copyright office website before submission.

Step 3: Application submission process

India’s copyright registration system offers you both online and offline submission channels, with the online method being significantly more efficient and recommended for most applicants. In the digital process, you must create an account on the Copyright Office Portal, and then you need to complete the given form, which is Form XIV. 

You must also upload scanned copies of all supporting documents in the specified formats and sizes before proceeding to payment through the integrated gateway that accepts various digital payment methods. Upon successful submission, the system generates a unique diary number that serves as a critical reference for all future correspondence and status tracking.

So if you are doing it the online method, then follow the steps: 

1. Go to the Copyright Office of India’s official website 

2. If you do not have an account, sign up by providing your details.

3. Fill out the copyright application (Form XIV)
4. Select ‘Artistic Work’ as the category.
5. Enter the Title of your artwork. Aman called his artwork ‘Rhymes of Heritage’
6. Provide your details (Artist’s and Owner’s Name, Address, Contact Information).
7. Submit a soft copy of the Artwork (Upload the digital file in an accepted format).
8. Specify whether it is published or unpublished (If unpublished, you will have to declare it as an original creation).

If you are opting for physical submission, the process requires you to get Form XIV either through download from the official website or collection from the copyright office. The completed application package, including all supporting documents, must be accompanied by a demand draft drawn in favor of the Registrar of Copyrights and submitted to the Copyright Office headquarters in New Delhi. While this traditional method remains valid, it typically results in longer processing times compared to digital submissions.

Before we proceed with the next step, I will also show you how you should be filing the form with Aman’s work as our example. 

1. Applicant details 

This section is about Aman, the person applying for copyright registration. Since he is the creator and owner of the work, his details go here. Aman is both the creator and owner, so his interest is listed as “Owner of Copyright.” If someone else were applying on his behalf, this would be different. 

Name of the Applicant: Aman Sharma

Address: 24, Heritage Lane, Jaipur, Rajasthan – 302001

Nationality: Indian

Nature of Applicant’s Interest: Owner of Copyright

2. Details of the work

Here, we describe the work that Aman is protecting. Since his work is digital animation, it falls under the Artistic category, and yours may fall under different categories based on your work. Aman’s work is a collection of digital animations bringing historical monuments to life. If the work is already published online or exhibited somewhere, we mention the first publication date. 

Title of the Work: Rhymes of Heritage; Digital Revivals of Ancient India

Type of Work: Artistic (Digital Animation)

Language of the Work (if applicable): Not applicable

Date of First Publication (if published): March 10, 2025

3. Author’s details & owner’s details

This section is about who created the work. So, since Aman made it himself, his details go here. If Aman worked with a team or a company, we would specify whether the work was created individually or as part of employment.

Name of the Author: Aman Sharma

Address of the Author: 24, Heritage Lane, Jaipur, Rajasthan – 302001

Nationality: Indian

Since Aman is both the creator and owner, this section (owner’s details) repeats his details. If the work belonged to a studio or client, the owner’s name would be different.

4. Description of the work

Here you need to give a brief and clear description of what your work is about. This will help examiners understand what exactly is being copyrighted. If Aman had a signature style or a logo within his animations, he could mention that here. 

Description:

The work consists of a collection of digital animations depicting ancient Indian architecture, including temples, palaces, and historical monuments. Each piece is intricately designed to reflect the original craftsmanship, capturing the elegance of stone carvings, frescoes, and cultural motifs. The animations breathe life into India’s architectural heritage through realistic textures and vibrant lighting effects.

Colours claimed (if applicable): Not applicable (unless specific colors are essential to the artistic identity).

5. Statement of rights

This section clarifies whether the work has been published before and what rights Aman is claiming. If Aman had collaborated with someone, he would need to specify shared ownership rights or provide a No Objection Certificate from any co-creators. 

• Whether the work has been published: 

Yes, published on Aman’s website and social media on March 10, 2025.

• Rights being claimed:

Exclusive copyright ownership over the digital animations for artistic, commercial, and educational use.

Rights to display, distribute, and modify the work.

6. Declaration & verification

Aman needs to confirm that all the information he provided is true and accurate. This step is just a legal confirmation that Aman is not misrepresenting anything in his application.

Declaration: 

I, Aman Sharma, hereby declare that the information provided in this application is true and correct to the best of my knowledge and belief.

Signature: Aman Sharma

Date: April 3, 2025

7. Attachments

To support his application, Aman should attach proof of his work and ownership.

1. High-resolution images or video files of the digital animations.
2.  Proof of first publication (e.g., website screenshots, YouTube links, or event posters if the work was exhibited).
3. No Objection Certificate (NOC) if Aman collaborated with a studio or designer who might have a claim.

Step 4: Examination and objection period

After submitting the application, it will become open to the public. This is for 30 days, and the public has the opportunity to oppose this application. This will be published in the copyright journals.

If someone does object, then there will be an examination. However, keep in mind that, should objections arise, the process enters a quasi-judicial phase. In this phase, both parties will have to present their arguments and provide any evidence that will support their claim.  This will take place in a formal manner in front of the Registrar. 

During examination, the Registrar can ask for any additional information from the parties. These requests typically carry strict response deadlines, and failure to comply may result in application abandonment, so be prepared for any outcome. 

Step 5: Certification and post-registration considerations

If everything goes smoothly, then the Copyright Office issues the Certificate of Registration, a crucial legal document that serves as prima facie evidence of ownership in any judicial proceedings. 

The certificate includes specific details such as the official registration number, a comprehensive description of the work, owner particulars, and the effective date of registration. The statutory processing timeline ranges from three months to one year.

Complex cases involving objections or requiring additional documentation may extend beyond this range. But there is are estimated time because it can vary. But online registration can shorten the time. 

Post-registration, copyright owners should note that Indian law does not require renewal of copyright registration, as protection automatically continues for the full statutory term – typically the life of the author plus sixty years but, you must promptly notify the Copyright Office of any subsequent changes in ownership or other material alterations to the registered particulars. The registration certificate becomes particularly valuable in enforcement actions, serving as immediate proof of ownership in infringement cases.

Common pitfalls and rejection grounds

A lot of people face rejection because of avoidable errors such as incomplete forms, insufficient documentation, or failure to respond to examination queries; these are very predictable, and you should avoid making such mistakes here. 

Other substantive grounds for rejection include demonstrable lack of originality, existence of prior substantially similar works, or unresolved ownership disputes. You just need to make sure you are submitting a unique piece of work. 

Applications filed on behalf of multiple creators often encounter challenges when proper NOCs from all contributors are not provided. The objection phase represents another critical vulnerability point, where third-party claims can derail the registration if not properly addressed.

Strategic recommendations

To maximise the likelihood of successful registration, you should really prioritise accuracy and completeness in all submissions. This means that you should maintain organised records of all submitted materials and correspondence becomes very important, as is regular monitoring of application status using the assigned diary number. 

For complex cases or works with potential ownership complications, consultation with intellectual property professionals during the application phase can prevent costly delays or rejections. The registration certificate, once obtained, should be securely stored while digital copies are maintained for ready access when needed for licensing discussions or legal actions.

Yes, I know this is a comprehensive registration process and is occasionally lengthy, but at the same time, it provides you with invaluable legal protections and significantly strengthens your position in commercial exploitation and rights enforcement. So, by understanding and meticulously following each step, you can secure robust copyright protection for your creative works under Indian law.

Common myths and FAQs about copyright in India

Despite the legal framework established by the Copyright Act, 1957, misconceptions persist regarding copyright protection in India. These myths often lead creators to either overestimate their rights or fail to take necessary protective measures. Below is a detailed clarification of prevalent misunderstandings along with answers to frequently asked questions.

Myth 1: Copyright registration is not necessary because rights are automatic

While it is true that copyright protection arises automatically upon the creation of an original work, registration provides legal advantages that unregistered works lack. An unregistered copyright may be difficult to enforce in court, as the burden of proof lies entirely on the creator to establish ownership. Registration with the Copyright Office of India serves as prima facie evidence, simplifying legal disputes and infringement claims.

Myth 2: Copyright protects ideas, not just their expression

A fundamental principle of copyright law is that it safeguards the expression of an idea, not the idea itself. For example, a novelist cannot copyright the concept of a dystopian society, but the specific text of their book is protected. Similarly, a software developer cannot claim copyright over an algorithm’s functionality, but the actual source code is protected.

Myth 3: If there is no copyright symbol (©), the work is not protected

In India, the use of the copyright symbol (©) is not mandatory for protection. The Berne Convention, to which India is a signatory, eliminates formalities like copyright notices for protection. However, displaying the symbol (e.g., “© 2025, Aman) serves as a deterrent against infringement by making ownership claims explicit.

Frequently asked questions (FAQs)

Q1: Can I copyright a title or slogan?

No. Short phrases, titles, and slogans are generally not eligible for copyright protection unless they form part of a larger literary or artistic work (e.g., a book title within a series). However, they may qualify for trademark registration if used commercially.

Q2: Does copyright apply to social media content?

Yes. Original posts, photographs, videos, and even memes created by users are protected by copyright. However, by uploading content to platforms like Instagram or YouTube, users often grant the platform a license to distribute the work under the platform’s terms of service.

Q3: What is the difference between copyright and trademark?

• Copyright protects creative works (books, music, films).
• A trademark protects brand identifiers (logos, brand names, slogans).

For example, the Harry Potter books are protected by copyright, while the “Hogwarts” name may be trademarked.

Q4: Can I sue someone for copyright infringement without registration?

Yes, but proving ownership becomes more challenging. Courts may require additional evidence such as dated manuscripts, publication records, or witness testimony. A registered copyright simplifies this process.

Q5: How do I protect my work internationally?

India’s membership in the Berne Convention ensures that works copyrighted in India are automatically protected in over 170 countries. However, enforcement procedures vary by jurisdiction.