INDIA Law and Practice Contributed by: Mohit Goel, Sidhant Goel, Aditya Goel and Mehr Bajaj, Sim and San, Attorneys at Law
3.2 Requirements for Copyright Protection Copyright requires originality and a minimum degree of creativity, skill and judgment originating from the author. The “sweat of the brow” doctrine is insuffi- cient following Eastern Book Company v D . B . Modak (2008). Copyright is automatic on creation; registration is voluntary but creates prima facie evidence. 3.3 Authorship and Ownership Under Section 2 (d) of the Copyright Act, 1957, author- ship varies by work category. For computer-generated works, the author is the person who causes the work to be created; whether prompting or operating an AI system satisfies this requirement is yet to be resolved. Joint authorship under Section 2 (z) requires insepara- ble or interdependent contributions from two or more authors; ideas or funding alone are insufficient. First Ownership Section 17 generally vests first ownership in the author, subject to exceptions for works created dur- ing employment (vesting in the employer) and com- missioned photographs, portraits and films (vesting in the commissioner). Independent contractors retain copyright, unless copyright is expressly assigned in writing. AI-Generated Works Purely AI-generated works without meaningful human creative contribution are unlikely to attract copyright protection. The Copyright Office’s initial recognition of the RAGHAV AI system as co-author was subse- quently withdrawn. 3.4 Scope of Rights and Moral Rights Economic Rights Under the Copyright Act, copyright owners enjoy exclusive rights of reproduction, distribution, com- munication to the public, adaptation and commer- cial exploitation. Economic rights may be licensed or assigned in whole or in part; assignments must be in writing and specify the scope, duration, territory and
zon Technologies Inc . (2024), although the award is currently under appellate challenge. In addition, rights holders may record registered trade marks with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, enabling the detention and seizure of suspected coun- terfeit imports, as part of India’s active anti-counter- feiting regime. 3. Copyright 3.1 Legal Framework and Copyrightable Works Copyright protection in India is governed by the Copy- right Act, 1957 (significantly amended in 2012) and the Copyright Rules, 2013. India is party to the Berne Convention, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Protected Works Under Section 13 of the Copyright Act, copyright sub- sists in original literary, dramatic, musical and artis- tic works, as well as cinematograph films and sound recordings. Software is expressly recognised as a literary work. Neighbouring rights protect performers and broadcasting organisations. The 50-Copy Rule Section 15 of the Copyright Act provides that copy- right in an artistic work capable of being registered as a design ceases once the work is applied industri- ally to more than 50 articles. This provision generates substantial litigation in fashion, furniture, packaging and consumer goods, and was reaffirmed in Cryogas Equipment v Inox India (Supreme Court, 2025). AI and Copyright The Copyright Act does not expressly address AI-gen- erated works or training datasets. The ongoing case of ANI Media Pvt Ltd v OpenAI Inc (2024) is India’s most significant AI copyright case. An Indian govern- ment expert panel is examining dedicated statutory provisions.
consideration. Moral Rights
Section 57 recognises the right of paternity (to claim authorship) and the right of integrity (to restrain
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