Section 2 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 2 is the dictionary of the Act: nearly every other section turns on a word defined here. This first article covers the clauses that say who the author is and what a "work" is. Two further articles cover the remaining clauses: the adaptation, communication and rental group and the group on societies, licences and Government works.
Section 2 opens "unless the context otherwise requires". Under it, the author is the writer, composer, artist, photographer or, for films and sound recordings, the producer; for a computer-generated work it is the person who causes the work to be created. A work is a literary, dramatic, musical or artistic work, a cinematograph film or a sound recording. Other sections give rights only in what these definitions cover.
The clause letters covered here
The letters below are printed in the text. The footnotes show that several letters in section 2 are omitted (clauses (r), (v) and (w)); we use the letters exactly as they stand.
| Clause | Term defined |
|---|---|
| (b) | work of architecture |
| (c) | artistic work |
| (d) | author |
| (f) | cinematograph film |
| (ffb) | computer |
| (ffc) | computer programme |
| (h) | dramatic work |
| (i) | engravings |
| (o) | literary work |
| (p) | musical work |
| (s) | photograph |
| (xx) | sound recording |
| (y) | work |
| (z) | work of joint authorship |
| (za) | work of sculpture |
Who is the "author": clause (d)
Clause (d) gives a different answer for each kind of work.
| Kind of work | The author is |
|---|---|
| Literary or dramatic work | the author of the work |
| Musical work | the composer |
| Artistic work other than a photograph | the artist |
| Photograph | the person taking the photograph |
| Cinematograph film or sound recording | the producer |
| Literary, dramatic, musical or artistic work which is computer-generated | the person who causes the work to be created |
Sub-clauses (v) and (vi), on producers and computer-generated works, were substituted in 1994, as the footnote records. Note the consequence for films: the director, screenwriter or cameraperson is not the "author" of the film under this clause; the producer is. The lyricist, composer and writer of a work used inside the film remain authors of those works. Who then becomes the first owner is a separate question, answered by section 17. If you are working out who an author is for a registration, our copyright registration team can help you fill the statement of particulars correctly.
The five works: clauses (o), (h), (p), (c) and (y)
Literary work, clause (o). The text says a literary work "includes computer programmes, tables and compilations including computer databases". The word "databases" was substituted for "data basis" in 1999, per the footnote. The clause is inclusive, so it does not limit literary works to those three; it only makes sure they are in.
Dramatic work, clause (h). It "includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film". A film is therefore never a dramatic work, even if it records a play.
Musical work, clause (p). "A work consisting of music", including "any graphical notation of such work", but not "any words or any action intended to be sung, spoken or performed with the music". Lyrics are therefore a literary work, not part of the musical work. The composer is the author of the musical work; clause (ffa) (taken in our third article) says a composer is the person who composes the music "regardless of whether he records it in any form of graphical notation".
Artistic work, clause (c). Three heads:
- (i) "a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality";
- (ii) a work of architecture; and
- (iii) "any other work of artistic craftsmanship".
The phrase "whether or not any such work possesses artistic quality" attaches to the first head only.
Work, clause (y). "Work" means a literary, dramatic, musical or artistic work, a cinematograph film or a sound recording. The Act's rights, term and infringement rules are all written in terms of these classes. Section 13 lists them again as the classes in which copyright subsists; see works in which copyright subsists.
Films and sound recordings: clauses (f) and (xx)
Cinematograph film, clause (f). "Any work of visual recording and includes a sound recording accompanying such visual recording"; "cinematograph" is construed as including "any work produced by any process analogous to cinematography including video films". The footnote says the clause was substituted in 1994 and that words describing the medium were omitted in 2012. The result is that the film definition is not tied to a particular medium.
Sound recording, clause (xx). "A recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced." Again it is medium-neutral. A related defined term, "visual recording" in clause (xxa), is covered in our third article.
Both film and sound recording are separate works from whatever is recorded in them. Section 13(4) says copyright in a film or sound recording does not affect the separate copyright in the work recorded.
Computers: clauses (ffb) and (ffc)
Clause (ffb): "computer" includes any electronic or similar device having information processing capabilities. Clause (ffc): "computer programme" means "a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result". Because clause (o) includes computer programmes in literary works, software is protected as a literary work.
Architecture, sculpture, engraving and photograph: clauses (b), (za), (i), (s)
| Clause | Text, in substance | Points to note |
|---|---|---|
| (b) work of architecture | "any building or structure having an artistic character or design, or any model for such building or structure" | The phrase replaced "architectural work of art" in 1994, per the footnote |
| (za) work of sculpture | "includes casts and models" | An inclusive definition |
| (i) engravings | "include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs" | Photographs are kept apart |
| (s) photograph | includes photo-lithograph and any process analogous to photography, "but does not include any part of a cinematograph film" | A still extracted from a film is not a photograph under this clause |
Section 13(5) adds that for a work of architecture, copyright subsists only in the artistic character and design and not in processes or methods of construction.
Joint authorship: clause (z)
A "work of joint authorship" is a work "produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors". If each author's contribution is distinct, the clause is not met. For a practical guide see joint authorship and copyright ownership.
Drafting points to notice
- Clause letters in section 2 are not continuous. Clauses (r), (v) and (w) were omitted, as the footnotes record, and the 2012 and 1994 amendments inserted clauses with double letters such as (ff), (ffa) to (ffd), (hh), (qq), (uu), (xa), (xx), (xxa), (za).
- Clause (xa) is printed as "Right Management Information", not "Rights". We quote it as printed in our third article.
- Clause (u), "prescribed", is amended by the Tribunals Reforms Act, 2021; it is covered in the final article of this group.
Need help with copyright in your work?
Knowing which category your work falls into decides how you describe it on the application and how long protection lasts. If you are unsure whether your software, music, film or design is a "work" under section 2, our copyright registration team can classify it and prepare the filing.
Key takeaways
- A "work" is a literary, dramatic, musical or artistic work, a cinematograph film or a sound recording (clause (y)).
- The author is the writer, composer, artist or photographer; for films and sound recordings, the producer; for computer-generated works, the person who causes the work to be created.
- A literary work includes computer programmes, tables and compilations including databases.
- A photograph does not include any part of a cinematograph film.
- Joint authorship requires contributions that are not distinct.
- Clauses (r), (v) and (w) stand omitted.
Read next
- Section 2 (Part 2): adaptation, communication to the public and infringing copy
- Section 2 (Part 3): copyright society, exclusive licence, Government work and others
- Key definitions under the Copyright Act: work, author, adaptation
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.