Sections 44 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 44 requires a Register of Copyrights to be kept at the Copyright Office. Section 45 says who may apply to enter a work in it, in what form, and what the Registrar does on receiving the application. This article explains the statutory text; for the filing steps, see our how-to guide on copyright registration under sections 44 to 50A, and to file, use our copyright registration service.
The Register is kept at the Copyright Office in the prescribed form. The author, publisher, owner or "other person interested in the copyright" may apply, in the prescribed form with the prescribed fee, to enter the particulars of a work. For an artistic work used or capable of being used in relation to goods or services, the application must say so and carry a certificate from the Registrar of Trade Marks. On receipt, the Registrar "may", after such inquiry as he deems fit, enter the particulars.
Section 44: the Register
"There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed."
Three things follow from the words:
- The Register is a single statutory record at the Copyright Office; for the Office itself, see sections 9 and 10.
- Entries are permissive: the Register is one "in which may be entered" particulars. Section 44 does not make entry compulsory.
- It holds names or titles of works, names and addresses of authors, publishers and owners, and other prescribed particulars.
The Copyright Rules, 2013 (rule 69) provide for the Register to be kept in physical and electronic form in six parts and for the particulars in Form-XIII. Fees are in the Rules' Second Schedule and are not repeated here.
Section 45(1): who may apply and how
"The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights."
| Element | Text |
|---|---|
| Who may apply | Author; publisher; owner of the copyright; or other person interested in the copyright |
| To whom | The Registrar of Copyrights |
| Form and fee | "Prescribed form", "prescribed fee" (see the Copyright Rules, 2013; the Rules' rule 70 names Form-XIV for registration and Form-XV for changes) |
| What is entered | Particulars of the work |
The section does not say that registration is needed for copyright to exist. For what copyright covers, see section 13.
The proviso for artistic works
The proviso (added by Act 23 of 1983 w.e.f. 9-8-1984, and updated in 2012 to say "goods or services" and to refer to the Trade Marks Act, 1999) reads, in substance: where the artistic work "is used or is capable of being used in relation to any goods or services", the application "shall include a statement to that effect" and "shall be accompanied by a certificate from the Registrar of Trade Marks" referred to in section 3 of the Trade Marks Act, 1999. The certificate must say that:
- no trade mark identical with or deceptively similar to the artistic work has been registered under that Act in the name of any person other than the applicant; and
- no application for such registration has been made under that Act by any person other than the applicant.
Example. Kavita Shah designs a logo-style illustration for her bakery label. She applies to enter it in the Register. As the artwork is used in relation to goods, her application must include the statement and the Registrar of Trade Marks' certificate. Whether the trade mark and copyright regimes overlap is explained in copyright vs trademark.
Section 45(2): what the Registrar does
"On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights."
The word is "may". The section sets no time limit and does not describe the inquiry; the Rules fill that in. Under rule 70 of the Copyright Rules, 2013, for example, an application relates to one work only, and an objection period of thirty days applies; read the Rules directly for the procedure.
Statute against Rules
| Question | Where the answer is |
|---|---|
| Who may apply | Section 45(1) |
| Is the Register mandatory | Section 44 (entries "may" be made) |
| Form, fee, number of copies, notice | Copyright Rules, 2013 |
| Trade mark certificate for artistic works | Section 45(1) proviso; rule 70 repeats it |
| Evidentiary value of an entry | Section 48 |
Practical points
- Decide who applies: the author, the publisher, the owner or another interested person.
- For artistic works that will appear on goods or services, obtain the Trade Marks Registrar's certificate first.
- Keep one application per work.
- Remember that the Registrar's entry follows an inquiry; the section does not promise registration.
Need help with a copyright entry?
If you are unsure who should be the applicant, or whether your artwork needs the trade mark certificate, our copyright registration team can review the facts and prepare the application.
Key takeaways
- Section 44 creates the Register of Copyrights at the Copyright Office, in the prescribed form.
- Section 45(1) lets the author, publisher, owner or other interested person apply in the prescribed form with the prescribed fee.
- Artistic works used or capable of use in relation to goods or services need a statement and a Registrar of Trade Marks certificate.
- The Registrar "may" enter particulars after such inquiry as he deems fit.
- Form and fee are in the Copyright Rules, 2013.
Read next
- Sections 46–48: indexes, inspection and the Register as prima facie evidence
- Sections 49–50A: correction, rectification and publication of entries
- Copyright registration process: sections 44–50A
- Benefits of copyright registration
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.