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Copyright Act, 1957 — Creative & Digital Asset Protection

Copyright Lawyers in India

Creative expression, digital codebases, and media productions represent significant commercial capital. LLM Advocates provides complete copyright counsel—from statutory registration before the Copyright Office to commercial licensing deeds and High Court civil infringement enforcement.

Schedule Copyright Consultation Industrial Designs → IP Litigation Hub →

Software & Source Code Protection

In India, computer programs and algorithms are protected as "literary works" under Section 2(o) of the Copyright Act. We prepare complete deposits of source code and object code to secure statutory certificates.

  • → Source code & object code copyright registration
  • → Mobile app architecture & GUI registration
  • → Proprietary database structure protection under Section 2(o)
  • → Open-source license compliance & audit advisory

Media, Arts & Entertainment

Comprehensive registration and contract drafting for authors, artists, musicians, filmmakers, and digital production studios across India.

  • → Literary works, books, screenplays & treatments
  • → Musical works, sound recordings & synchronization rights
  • → Cinematograph films & web series ownership chains
  • → Artistic works, brand illustrations & logo copyright

DMCA & Online Piracy Enforcement

Combatting unauthorized online streaming, digital course piracy, and website content theft through swift extrajudicial and judicial channels.

  • → Statutory DMCA notices & intermediary takedown mandates
  • → YouTube, Instagram, and social media copyright strikes
  • → Cease-and-desist notices to infringing web hosts
  • → Dynamic website blocking injunctions before the High Court

Licensing & Assignment Contracts

Under Section 19 of the Copyright Act, 1957, copyright assignments must be in writing, specifying the work, rights assigned, duration, and territorial extent.

  • → Work-for-hire & employee IP assignment deeds
  • → Exclusive and non-exclusive commercial licenses
  • → Software-as-a-Service (SaaS) and API terms
  • → Author-publisher and music synchronization agreements

Frequently Asked Questions on Indian Copyright Law

Is copyright registration mandatory in India to sue for infringement?

Under Indian law and the Berne Convention, copyright subsists automatically upon the creation and fixation of an original work in tangible form. Registration is not technically mandatory to file an infringement suit. However, a Certificate of Registration from the Copyright Office serves as prima facie evidence of ownership in court under Section 48 of the Copyright Act, 1957, significantly expediting the grant of ex-parte interim injunctions.

Who owns the copyright in works created by employees or freelancers?

Under Section 17(c) of the Act, when an employee creates an original work in the course of employment under a contract of service, the employer is the first owner of copyright, absent any contract to the contrary. However, for independent contractors, freelancers, or external software agencies, the author retains copyright unless a formal written Assignment Deed explicitly transferring copyright to the hiring company is executed under Section 19.

How does fair dealing work under Indian copyright law?

India follows the statutory doctrine of "Fair Dealing" under Section 52 of the Copyright Act, 1957, which differs from the broader US "fair use" doctrine. Fair dealing is strictly limited to specified statutory purposes, including private or personal use (such as research), criticism or review, reporting of current events, and judicial proceedings. Commercial duplication or unauthorized redistribution does not qualify as fair dealing.

Copyright Legal Counsel

Secure Your Creative Works & Software Code

Consult with our copyright advocates in Chandigarh and Delhi regarding software copyright registration, assignment deeds, or instituting copyright infringement actions.

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