You Created It. The Law Protects It. We Enforce It.

Registration creates a public, dated record of ownership — a certificate issued by the government that is extremely difficult to dispute. In infringement proceedings, it shifts the evidentiary burden: instead of you having to prove when you created the work and that you own it, the infringer must prove you do not. For commercial works — software, films, music catalogues, books — this presumption is enormously valuable. It also deters infringers: a clearly registered copyright signals that the owner is serious about enforcement. The cost of registration is trivial compared to the proof value it creates.

No. Copyright protects the expression of ideas, not the ideas themselves. Titles, names, slogans, and short phrases generally do not qualify for copyright protection as they lack sufficient originality. For brand names and slogans, trademark registration is the appropriate protection. For inventive ideas and methods, patents may apply. This is one reason why an integrated IP strategy — covering trademark, copyright, and potentially patent — is more effective than relying on any single form of protection. We advise on the correct form of protection for each element of your intellectual property.

Under Section 17 of the Copyright Act, 1957, where a work is created by an employee in the course of their employment, the employer is the first owner of copyright — unless the employment agreement provides otherwise. This applies to literary, artistic, and dramatic works. However, for computer programmes, photographs, and cinematographic films, specific rules apply. For work created by freelancers, contractors, or consultants, the default position under Indian law is that the creator retains copyright — unlike in some other jurisdictions. This is why clear IP assignment clauses in freelance and consulting contracts are essential. We draft these provisions carefully to ensure companies own the IP they pay for.

Copyright infringement attracts both civil and criminal remedies in India. Civil remedies include: permanent injunctions restraining further infringement, mandatory injunctions requiring removal of infringing content, damages (compensatory and punitive), account of profits earned by the infringer from the infringing activity, and delivery up and destruction of infringing copies. Criminal remedies under Section 63 provide for imprisonment of up to 3 years and fines for wilful infringement. For repeat offenders (second and subsequent offences), minimum imprisonment terms apply. We pursue the full spectrum of remedies — combining civil urgency (injunctions) with the deterrence of criminal prosecution where appropriate.

Software — including source code, object code, and databases — is protected as a "literary work" under the Copyright Act, 1957. Protection arises automatically on creation, but registration creates a vital dated record of ownership. For commercial software, we recommend: registering both the source code and any associated documentation, ensuring all employment and contractor agreements include clear IP assignment clauses, implementing version control that provides timestamped records of development, and using copyright notices on distributed software. Where the software also incorporates novel technical methods or processes, a patent application for the technical innovation may run alongside copyright protection — we advise on the most effective combination.