“Ques: Is it necessary to register a work to claim copyright?

Ans: No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.”

The above question and the answer thereto, which form part of the “Frequently Asked Questions” section of the (Indian) Copyright Office’s website www.copyright.gov.in, make it clear in no uncertain terms that the registration of copyright in India is optional and there is no necessity to register a copyrightable work to claim rights therein.

Coming from the body established under the (Indian) Copyright Act, 1957 (the Act) which is entrusted, inter alia, with the task of processing and registering copyright applications in India, this response would appear to be a foregone conclusion.

However, the views expressed by the Indian courts on this point have not been as simple as the said answer. Over the years, the question whether copyright registration is optional or mandatory in India has presented itself to various Courts. While most of the High Courts in India have held that the registration of copyright is optional and not mandatory, there have been a few cases where certain High Courts have held otherwise.

Apart from presenting a birds eye view of the decided cases on this point, this article also examines this issue from the stand point of the relevant statutory provisions under the Act, the legislative intent on this very point and also India’s obligations under international conventions, namely, the Berne Convention and the TRIPS Agreement, in this regard.