Section 13 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.
Section 13 answers the first question in copyright: which works are protected at all? It names the classes of work, sets connecting conditions with India for each, and lists what is excluded. If you are planning to protect a book, song, film or building design, start here and then move to copyright registration.
Copyright subsists throughout India in original literary, dramatic, musical and artistic works, in cinematograph films and in sound recordings. Apart from works to which section 40 or 41 applies, the work must meet a publication or citizenship test: first published in India, or by an Indian citizen if first published abroad; for unpublished works, an author who is a citizen of or domiciled in India; for works of architecture, location in India. Copyright does not subsist in an infringing film or sound recording.
Sub-section (1): the three classes
| Clause | Class of work |
|---|---|
| (a) | original literary, dramatic, musical and artistic works |
| (b) | cinematograph films |
| (c) | sound recording (substituted for "record" in 1994, per the footnote) |
The word "original" attaches only to clause (a). The Act does not define "original". The classes are those defined in section 2; see our three articles on section 2. Sub-section (1) is "subject to the provisions of this section and the other provisions of this Act", so every right here is qualified by what follows.
Sub-section (2): the connection with India
Copyright shall not subsist in a work in sub-section (1), "other than a work to which the provisions of section 40 or section 41 apply", unless:
| Case | Condition |
|---|---|
| (i) Published work | First published in India; or, if first published outside India, the author is at the date of publication a citizen of India, or, if the author was dead at that date, was a citizen of India at the time of his death |
| (ii) Unpublished work other than a work of architecture | The author is, at the date of making, a citizen of India or domiciled in India |
| (iii) Work of architecture | The work is located in India |
Explanation. In the case of a work of joint authorship, the conditions "shall be satisfied by all the authors of the work". If one co-author fails the test, the work fails it.
Sections 5, 7 and 8 feed into this test. Section 5 deems a work first published in India when it is published there and abroad within thirty days; section 7 fixes nationality for a long-running unpublished work; section 8 deems an Indian-incorporated body corporate domiciled in India. See sections 3 to 5.
The opening carve-out for sections 40 and 41 means that foreign works and works of international organisations can be protected through Chapter IX even if they do not meet these conditions. Those sections are covered in later articles.
Example. Meera Pillai, an Indian citizen, writes a collection of poems and publishes it first in London. Under (2)(i) the work qualifies because she is a citizen of India at the date of publication. If instead a foreign author publishes a book first in India, the work qualifies because it was first published in India.
Sub-section (3): where copyright does not subsist
Copyright shall not subsist:
- (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
- (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.
The words are "a substantial part" for films, but for sound recordings the test is whether copyright in the work "has been infringed" in making it; the text does not say "substantial" there. That difference is in the printed text and is worth noting in any drafting.
Sub-section (4): film and recording do not displace the underlying work
"The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the sound recording is made." A film built on a novel leaves the novelist's copyright intact; a recorded song leaves the songwriter's and composer's copyright intact. Section 17's last proviso, on works incorporated in a cinematograph work, supports this.
Sub-section (5): architecture
"In the case of work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction." The definition of "work of architecture" in section 2(b) is "any building or structure having an artistic character or design, or any model for such building or structure". So an architect's protection is in the look and design, not in how the building is built.
Summary of what section 13 does and does not do
| Question | Answer from the text |
|---|---|
| Is a computer programme protected? | It is a literary work under section 2(o), so it falls in 13(1)(a) if original |
| Is originality defined? | No |
| Is a registration needed for copyright to subsist? | Section 13 does not mention registration as a condition |
| Does the section say how long copyright lasts? | No; the term is in Chapter V |
| Does the Tribunals Reforms Act, 2021 change it? | No; section 13 is not in the 2021 list |
Section 13 and the other early sections
Section 13 should be read together with section 14, the meaning of copyright, which lists the exclusive rights, and with the term sections, which say how long those rights last. Section 13 says that a work is protected; section 14 says what the protection gives the owner; Chapter V says for how long.
Practical points
- Check which test applies. For a published work, look at where it was first published and the author's citizenship; for an unpublished work, citizenship or domicile at the date of making.
- For joint works, test every author. One author who fails the test can keep the work out.
- Check your film or recording for infringement. A film with a substantial infringing part, or a sound recording made by infringing the underlying work, does not attract copyright.
- Treat the underlying work separately. Obtain permission from the owner of the book, script or song used in a film or recording.
Need help protecting your work?
Section 13 decides whether a work can be protected; registration makes the claim visible and easier to prove. If you want to register a book, music, film, software or design, our copyright registration team can check eligibility and prepare the filing.
Key takeaways
- Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings.
- A published work qualifies if first published in India, or by an Indian citizen if first published abroad.
- An unpublished work qualifies if the author is a citizen of or domiciled in India at the date of making; architecture must be located in India.
- For joint authorship, all authors must satisfy the conditions.
- No copyright in a film with a substantial infringing part, or a sound recording made by infringing the underlying work.
- Copyright in a work of architecture covers artistic character and design, not processes or methods of construction.
Read next
- Section 14: meaning of copyright
- Sections 15-16: designs and no copyright except under the Act
- What works are protected by copyright in India
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.