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Copyright Office Practice and Procedure Manual (2018), Literary Works: non-copyrightable subject matter - what the Office refuses in the literary category and how a discrepancy on this ground is answered.

The Office refuses literary registration for matter that lacks labour, skill and judgment, or that is an idea or a bare format: single words, titles, a couple of sentences...

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Last updated: October 2026Verified against: Government sources

Part 10 of the Literary Works Manual lists matter the Office does not treat as copyrightable literary work: single words, titles, a few sentences, slogans, certificates, blank forms, formulas, calendars, plain recipes and more. The legal base is section 13 of the Act, explained in our post on section 13; this article is about how the examiner treats these filings and how to answer.

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.

What the Manual lists, and why

The Manual says its list is illustrative. Our table rebuilds it in three columns.

Kind of matterWhy the Manual excludes itWhat may still protect it
Single wordNo labour, skill or judgment; protection would remove the word from ordinary use (Associated Electronics v. Sharp Tools, as cited in the Manual)The Manual says it may be registered in the artistic class if represented in an artistic manner
TitlesTitles per se are not protected (Krishika Lulla v. Shyam Vithalrao Devkatta, as cited in the Manual)Not copyright
Two or three sentencesToo little information, instruction or literary enjoymentNot in the literary class
SlogansAdvertising slogans were held prima facie not protectable (Pepsico Inc v. Hindustan Coca Cola, as cited in the Manual)The Manual notes passing off, where a case is made out
CertificatesGeneric wording and formats; the creative spark is lacking or trivialNone under copyright
Blank formsDesigned to record information, not convey it (Baker v. Selden, as cited in the Manual)None under copyright
A website as a wholeMade of separate elements in different classesEach element in its own class
Mathematical formulas and algorithmsIdea and expression are inseparable in a standard notationNone in the literary class
Pocket diaries and calendarsNo copyright in a calendar even with pictures added (Deepak Printers v. Forward Stationery Mart, as cited in the Manual)A separate claim in the pictures, if claimed
RecipesA mere list of ingredients is not protectedDescriptions, explanations or illustrations that accompany it, as in a cook book
Layout aloneGeneral layouts are not protected (Schove v. Schmincke, as cited in the Manual)Not copyright
Flow chartsThey are charts, so they belong to the artistic classArtistic class
Flash cardsMostly artistic worksLiterary class only if they mainly carry literal content
App screenshotsMere snapshots of screen displays are not eligibleThe app itself, as a computer programme

For titles and slogans, see our comparison of copyright and trade marks and the wider list of what works copyright protects.

Websites, apps and the source-code note

The Manual says a website's parts may each be copyrightable in the class that fits: text, tables, programs and databases as literary works; photographs and diagrams as artistic works; music; sound recordings; and films. The site as a whole is not protected.

For apps, it states that an app may be registered as a computer programme under the software category, with the source and object code required by rule 70(5). Registration then covers the screen displays the program generates, provided the code is submitted, and provided the owner of the program and of the screen display is the same person. Screenshots on their own are not eligible. Our article on what counts as a literary work deals with code more broadly.

What the examiner does and what you file

Examiners read the Statement of Particulars and the enclosed work. If the claimed work falls in one of these groups, a discrepancy letter normally follows. The Manual does not prescribe the reply, so these are sensible responses, not Office rules:

  • Title, name or slogan filed as the work. Ask whether you have a larger work to claim, such as the book the title belongs to. If not, withdraw rather than wait for refusal.
  • Calendar or diary. Separate any claim on original pictures into artistic filings.
  • Recipe list. Re-describe the claim as the explanatory text or illustrations that go with the recipes, and file the work containing them.
  • Screenshot. Replace it with the program code in the software category, with the same owner for program and screen.
  • Flow chart or flash cards. Move to the artistic class, or the literary class where the content is mainly written.

A reply should be short, point to the exact part of the work that shows skill and judgment, and avoid argument about the law the Manual does not cover.

A worked example

Ritu Bansal files her bakery's tagline together with a page of recipe ingredient lists as one "literary work". The examiner would see a slogan and a bare list of ingredients, both outside the literary class under the Manual. Ritu re-files the cook book she is writing, with its explanations and photographs described in separate artistic applications, and leaves the tagline to a trade mark filing. Her reply to the letter says exactly that.

Need help answering a copyright letter?

If you have received a discrepancy letter saying that the matter you filed is not copyrightable, we can read it against the Manual and prepare the reply through our copyright objection reply service.

Key takeaways

  • Words, titles, short phrases, slogans and formats lack the skill and judgment the Office looks for.
  • Some matter fits another class, such as artistic, if the claim is changed.
  • A recipe's explanatory text and a cook book can be protected; a bare ingredient list cannot.
  • App screens are covered through the program code, not by screenshots.
  • A reply should narrow the claim, change the class or withdraw.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Copyright

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can I copyright the title of my book?

No. The Manual says titles are not protected by copyright and cites Krishika Lulla.

Can I register a slogan?

The Manual says slogans are not literary works and refers to passing off as a possible route.

Keep the acknowledgement. A filing you cannot prove is a filing you may have to defend.

— TaxClue Compliance Desk

Copyright: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

No. The Manual says titles are not protected by copyright and cites Krishika Lulla.

The Manual says slogans are not literary works and refers to passing off as a possible route.

Not as a literary work. The Manual says it may be registered in the artistic class if represented in an artistic manner.

A list of ingredients is not. A substantial description, explanation or illustration that goes with a recipe, or a recipe book, can be.

No. Register the program with source and object code; the screen displays are then covered if the owner is the same.

No. The Manual is guidance. The Act and Rules as now in force prevail.