The legal framework
The Copyright Act 1957, substantially amended in 2012, protects literary, dramatic, musical and artistic works for the author's life plus sixty years. Section 52 lists a long series of acts that do not infringe, including fair dealing for private or personal use, criticism and review, and reporting current events. The 2012 amendment strengthened authors' and performers' royalty rights, particularly in film music.
Key points
| Statute | Copyright Act 1957, amended in 2012 |
|---|---|
| Term | Life plus 60 years |
| Section 52 | Long list of non-infringing acts, including fair dealing for private use |
| Royalty rights | Authors and composers retain an unwaivable share of royalties since 2012 |
| Statutory licences | For broadcasting and for cover versions |
| Registration | Optional, but a registration certificate is useful evidence |
| Statutory licence for cover versions | Available after a waiting period, on prescribed terms |
| Registration evidence | Optional but strongly relied on by courts and police |
| Copyright Board | Functions transferred to the commercial courts and tribunal |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Register significant works: police and courts give registered works far more weight.
Recent changes
The 2012 amendment rebalanced film music contracts in favour of authors and performers, and remains the reference point for royalty disputes.
Where to go
- Copyright Office, Department for Promotion of Industry and Internal Trade.
- IPRS, PPL and other societies.
- Commercial courts for infringement suits.
Worth knowing
The 2012 reform gave lyricists and composers a share of royalties that cannot be signed away — a provision with no equivalent in most other countries. The 2012 amendment gave authors and composers an unwaivable royalty share. Contracts purporting to remove it are ineffective.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation