What is Copyright Registration

Copyright is a privilege given by the law to the creator of artistic works. Copyrights are protected by “The Copyright Act, 1957” via numerous amendments to the act. Copyright Registration protects the rights of the owner over their creation. As the Copyright registration procedure protects the efforts of authors, artists, and designers that as a result persuade the author/writer to create more. Copyright Registration helps the author to protect the original expression of an idea in the form of some creative work, but not the idea itself. Also, it helps in preventing unlawful use of the original work and rewards creativity.

Copyright gives abundle of rights to the creators by giving-

  • Rights of reproduction,
  • Rights of communication to the public,
  • Adaptation, and
  • Translation of the work.

Benefits of Copyright Registration

A public record of ownership: When a work is copyrighted, it is registered on a public record, thereby establishing ownership.

Copyright infringement: In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.

Prevents importing of duplicates: The owners can record the registration with the Indian customs and prevent importing duplicate copies of the work.

Commercial use of by-products: Have control over by-products or derivatives created from the original registered work for commercial purposes.

Transfer of copyright: The rights can be passed or sold to a third party by the original copyright holder.

Ensures protection: Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorisation.

Copyright Protection Validity

The length of a work's copyright varies depending on a number of circumstances, such as whether it has been published and, if so, when. For works created after 1 January 1978, copyright protection typically lasts for the author's entire life plus an additional 70 years. The copyright in india is valid for anonymous, pseudonymous, or work created for hire for 95 years following the year of the work's initial publication or for 120 years following the year of creation, whichever comes first.

The registration of works produced on or after 1 January 1978, does not need to be renewed. After 28 years, renewal registration for works published or registered prior to 1 January 1978, is optional, but it does offer some legal benefits. You can easily reach out to our experts from Vakilsearch to complete the copyright registration process without any delays.

Eligibility for Copyright Registration

Copyright is one of the legal privileges accorded to authors, musicians, playwrights, and film and music production companies. It gives the owner of the work the sole right to sell, distribute, or duplicate its publication by having it registered through Copyright Registration. The Copyright Act of 1957[1] governs copyright registration in India. One acquires the exclusive right in respect of their creative works, such as books, paintings, music, websites, software, novels, etc. by registering their copyrights.

The original work is protected by copyright in inia from duplication or abuse by third parties. Copyright protects original works and prevents their unauthorised replication. Thus, essential application information like name, address, phone number, e-mail address, and nationality are necessary for copyright registration in India.

The candidate must create a soft copy of his work and submit it with JPG-format files. Work that relates to a website or piece of software must be uploaded on CDs and DVDs. The applicant must obtain a clear copyright lookup certificate from the trademark office if the copyright is connected to any creative work. If the original author of the work is willing to register the copyright through a designated agent, they must give any advocate a power of attorney.

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Prevailing laws Companies Act Companies Act LLP Act Partnership Act NA
Charter Documents MOA & AOA MOA & AOA LLP Agreement Partnership Deed NA
Limit of Members 2-200 1 2-Unlimited 2-20 NA
Separate legal identity Yes Yes Yes NO NO
Limited Liability Yes Yes Yes NO NO
Tax Advantage High High Low Low Low
Annual Statutory Compliances High High Low Low Low

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Simplified Performa for Incorporating Company Electronically, also known as SPICe, was introduced in the year 2016 for the purpose of incorporation of the companies. Under the Ease of Doing Business (EODB) initiative, the MCA released the new form SPICe+ to further ease the company incorporation process. The new SPICe+ form encompasses more features than the earlier SPICe form. Name approval is integrated as part of the SPICe+ form. The AGILE form has been converted to AGILE Pro to provide GSTIN / ESIC / EPFO / Bank account as well along with company incorporation. Apart from that, even after affixing DSC in the form, information can be modified in the SPICe+ form.

After the introduction of the SPICe+ form, the name approval has been integrated with SPICe+. Part-A of SPICe+ is for name approval. Therefore, from 15th February 2020, the RUN form can only be used for a change of name.

Company Limited by Shares: The liability of the shareholders is limited only to the amount that is unpaid on the shares held by them. Company Limited by Guarantee: A company having no share capital where the liability of the shareholders is limited up to the amount undertaken to be contributed by them in the event of liquidation of the company.

Yes. private limited companies are eligible for attracting foreign direct investments in compliance with the relevant laws and regulations.

DIN, also known as Director Identification Number, is an identification number of a person intending or has become a director in a company. DPIN, also known as Designated Partner Identification Number, is an identification number for a designated partner in LLP. It is similar to DIN in the case of companies. DIN and DPIN are issued by the Ministry of Corporate Affairs.

Yes. Even a foreign national can become a director in a private limited company.

As per the Companies Act, 2013, only an individual natural person can become a director in a company. Therefore, neither a company, firm, or association can become a director in any company. This is to ensure the fixation of duties and responsibilities that would be difficult in the case of companies and firms becoming directors.

The private limited company registration cost depends upon various factors like authorized capital, number of directors, etc. Initiate your Pvt. Ltd. Company Registration with eAuditor Office as your partner in corporate compliance! Reach out to us for any professional assistance.