Copyright in India: What It Protects (and What It Doesn’t)

Why Copyright Matters

From music and films to software and marketing content, creative works are valuable assets. In India, copyright law protects original works of authorship—but many businesses mistakenly assume it covers everything from brand names to product designs.

Knowing exactly what copyright does—and doesn’t—protect can help you avoid legal missteps and protect your intellectual property more effectively.

What Copyright Protects in India

Under the Copyright Act, 1957, copyright safeguards the expression of an idea, not the idea itself. Protection applies automatically once a work is created, though registration strengthens legal claims.

Categories covered include:

• Literary works – books, articles, software code, website content

• Artistic works – paintings, drawings, logos (artistic form, not brand rights)

• Musical works – compositions, not recordings

• Cinematographic films – movies, video content

• Sound recordings – recorded music, podcasts, audiobooks

• Dramatic works – plays, choreography, scripts

Key point: Copyright gives the creator exclusive rights to reproduce, distribute, perform, and adapt their work.

What Copyright Does Not Protect

Many misconceptions arise because people confuse copyright with trademarks or patents. Here’s what copyright doesn’t cover:

• Ideas, concepts, or methods – Only the expression is protected, not the raw idea.

• Brand names, logos, and slogans – These fall under trademark law, not copyright.

• Inventions and functional features – Protected by patents or industrial designs, not copyright.

• Common phrases or titles – Generic expressions are not copyrightable.

• Useful articles – Everyday objects whose artistic aspect is inseparable from their function.

Example: A company can copyright the design artwork of its logo, but the exclusive right to use it as a brand identifier comes only from trademark registration.

Duration of Copyright in India

• For literary, musical, artistic, and dramatic works: Author’s lifetime + 60 years.

• For films, sound recordings, photographs: 60 years from publication.

Why Businesses Need More Than Copyright

Copyright is essential, but it’s just one piece of the IP puzzle.

• Use copyright to protect original content, software, and creative assets.

• Use trademarks to protect your brand identity.

• Use patents/design registrations for inventions and product designs.

Ignoring these distinctions can leave a business vulnerable to infringement and disputes.

Final Thoughts

Copyright in India provides powerful protection for creative works, but it’s not a catch-all. Many startups wrongly assume it covers their brand names, innovations, or product features—when in reality, they need a broader IP strategy.

The smartest approach is to combine copyright with other IP tools to build a well-protected business identity and safeguard growth.