Copyright explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Parts 7 to 9 of the Literary Works Manual answer three practical questions: can a foreign work be registered, what happens to a Government work, and which kinds of writing does the Office accept. The Act's provisions on foreign works are in our post on sections 40 and 40A; this article shows the examiner's practice for anyone preparing a copyright registration filing.
Status. The Manual was published by the Copyright Office in 2018 after public comments on a draft. It is the Copyright Office's guidance and does not have the force of law; the Copyright Act, 1957 and the Copyright Rules, 2013 as now in force prevail. The Office may revise its practice, so check the current position on copyright.gov.in.
A foreign work gets the same treatment as an Indian work if it meets the protection and registration prerequisites. A Government work is registrable only if the Government itself applies or has authorised the applicant. The Manual lists many kinds of writing it accepts, such as books, poems, lyrics, theses and question papers, each with its own condition. A website is not registered as a whole, only its literary element, and software goes in the software category with source and object code.
Foreign works
The Manual describes a foreign work as one by an author who is not an Indian citizen, or one first published abroad; for an unpublished work, the author was neither a citizen nor domiciled in India when it was made. Such works are treated as Indian works under Chapter IX of the Act and may be registered, provided they satisfy the Protection and Registration Prerequisites. The Office therefore applies the same checks, and the applicant needs an Indian communication address. Our post on the Berne Convention and India explains the treaty background.
Government works
Section 2(k) defines a Government work as one made or published by or under the direction or control of the Government or a department, a legislature in India, or a court, tribunal or other judicial authority. The Manual says such a work is eligible for registration only if the Government itself seeks it or the applicant has authorisation from the Government department or the owner of the work.
The examiner acts on appearances. If a literary work carries a logo, name or description suggesting it belongs to, or was made under the control of, a Government body, the Office may ask the applicant to explain how he is seeking registration in his own name. Keep the authorisation letter ready in that case. For the ownership rule, see our post on Government works.
Subject matter the Office accepts
The Manual says its list is illustrative, not exhaustive. Our summary, grouped by what the examiner asks for:
| Work | Accepted as | What the Office asks for |
|---|---|---|
| Books, e-books | Literary, individual or joint authorship | Standard application |
| New edition | Fresh registration if the change is substantial, not trivial | Description of what changed |
| Novels, short stories, poems, song lyrics | Literary, once fixed in writing, print or digital form | Standard application |
| Plays | Original dramatic work once fixed in writing or print | Standard application |
| Concept note | Literary if it develops an idea into expression with adequate detail | Written expression, not a bare idea |
| Letters | Literary if original; generic letters are not | Not a template |
| Lectures, sermons, speeches | Literary only if reduced to writing, print or digital form | The written text |
| Tables, compilations, directories, encyclopaedias, dictionaries | Literary compilations where skill and judgment went into them | Showing the selection and arrangement |
| Judicial pronouncements | The editorial work only: head notes, editorial notes, foot notes | Not the raw judgment, which the Manual says is not copyrightable |
| Commentaries | Literary, because the author explains public knowledge through examples | Standard application |
| Thesis, research paper, dissertation | Literary | Original NOC from the college or institution under whose direction the work was made |
| Comic book | Literary for the literal element only | A declaration that only the literal element is claimed; a separate artistic application, with fee, for each image |
| Website content | Literary element only | Claim limited to the text |
| Brochure, catalogue, pamphlet, activity book | Literary, or a mixture of literary and artistic | Separate artistic application for purely artistic images |
| Translation, adaptation, abridgement | Literary if original, with labour, skill and judgment | Written consent or licence if the original is still protected |
Two points deserve attention. For compilations, the Manual reasons that because "compilations" appear in the literary definition, compilations of photographs or pictures do not qualify as literary compilations. For a concept note, it relies on Anil Gupta v. Kunal Dasgupta (as cited in the Manual): an idea alone has no copyright, but one developed into a detailed concept note can be registered.
The Manual also names decisions on specific works: Lala Ramswaroop Ramnarayan and Sons and Khemraj Shrikrishandas v. Garg & Co. for the panchang, Rai Toys Industries v. Munir Printing Press for a tambola ticket, and Aggarwala Publishing House v. Board of High School and Intermediate Education for question papers. Each is cited for the point that copyright exists in that kind of work; we add nothing beyond that.
Software and websites
The Manual treats software as a literary work and, in the notes on apps and websites, asks for the source and object code under rule 70(5). Websites are broken into their parts (text, tables, programs, images, music, recordings, films); the Manual says the site as a whole is not subject to protection. Our guide to registering software covers the practical filing.
Why a discrepancy letter is issued and how to answer
- Authority missing for a Government-looking work. Reply with the department's authorisation or an explanation of the applicant's own authorship.
- Thesis without institution NOC. File the original NOC from the college or institution.
- Comic or brochure with images. Confirm that the literary application claims only the text, and file separate artistic applications.
- Judgment filed whole. Re-file the editorial additions as the work, with a description.
A worked example
Anita Verma, a lecturer, files her doctoral thesis as a literary work. The examiner finds it was prepared at a university under its direction and asks for an original NOC from the university. Anita files it and the application proceeds. Separately, she files a children's activity book she wrote; because it carries colour illustrations drawn by an illustrator, she files the text under the literary class and sends the illustrations as separate artistic applications with their own fee.
Need help with registering a book, thesis or software?
If your work mixes text, images and code, the filing needs to be split correctly. We can plan the applications and prepare the documents through our copyright registration service.
Key takeaways
- Foreign works are treated like Indian works if they meet the same prerequisites.
- A Government work is registered only on the Government's own application or with authorisation.
- The accepted list is illustrative; each type has its own condition.
- Websites and comic books are split into literary and artistic parts.
- Software needs source and object code.
Read next
- The five Copyright Office manuals and how an application is examined
- Literary Works Manual: what counts as a literary work
- Literary Works Manual: non-copyrightable subject matter
- Copyright registration for software and computer programs
Disclaimer: Based on the Practice and Procedure Manuals published by the Copyright Office in 2018 for literary, artistic, musical, cinematograph film and sound recording works, as consulted on 4 October 2026. The manuals are guidance and do not have the force of law; the Copyright Act, 1957 and the Copyright Rules, 2013 as now in force prevail, and current fees, forms and practice should be checked on copyright.gov.in. This article is general information, not legal advice; check the official text before acting.