Introduction
The Copyright Act, 1957 serves as the cornerstone of intellectual property protection in India, safeguarding the creative expressions of authors, artists, and innovators. In the domain of literary works—which include books, poems, articles, databases, and computer programs—copyright protection is granted only when a work bears the imprint of an author’s originality and intellectual effort.
However, it is crucial to understand that not every written or recorded composition qualifies for copyright registration. Certain literary materials, though apparently creative in form, fall outside the protective umbrella of copyright. This deliberate exclusion ensures that the law upholds a delicate equilibrium between private rights and public access to knowledge.
1. Works Lacking Originality
Originality forms the bedrock of copyright protection. A work that is merely mechanical, repetitive, or derived from pre-existing materials without creative contribution does not qualify for registration. The law demands a “modicum of creativity”—a minimal but genuine spark of intellectual input.
Examples:
- A telephone directory listing names alphabetically without any creative arrangement.
- A price chart or timetable copied from existing public data sources.
- A computer-generated report or database automatically compiled without human judgment or creativity.
Such works represent mere labour or data compilation, not creative expression. Therefore, they do not attract copyright protection.
2. Official Publications and Government Documents
Under Section 52(1)(q) of the Copyright Act, 1957, certain official documents and government publications are excluded from copyright registration. These include materials that are created, issued, or published in the course of public duties and are intended for unrestricted public access.
Examples:
- Judgments, orders, and decrees of Indian courts.
- Bare Acts, notifications, and government gazettes released for public dissemination.
- Reports of Parliamentary debates or legislative committee findings.
The rationale behind this exclusion is rooted in transparency and accessibility—government information belongs to the people and cannot be privately monopolized.
3. Titles, Names, and Short Phrases
Copyright law protects literary expression, not isolated words or brief phrases. Titles, names, or slogans are generally too short to display originality or creativity. These may, however, qualify for trademark protection if they acquire distinctiveness or commercial value.
Examples:
- Book titles like “My Life” or “Wings of Fire” cannot be copyrighted.
- Slogans such as “Think Different” or “Just Do It” fall outside copyright scope.
- Character names or brief expressions like “Forever Yours” are not copyrightable.
While these may form part of a broader literary work, the isolated phrase or name itself does not meet the threshold for copyright protection.
4. Ideas, Concepts, and Themes
A fundamental tenet of copyright law is that ideas are not protected—only their expression is. This principle ensures that creativity remains fluid, allowing others to build upon common ideas without fear of infringement.
Examples:
- The general theme of “a rags-to-riches story” or “star-crossed lovers” cannot be copyrighted.
- A scientific concept, formula, or discovery cannot be registered as a literary work.
- Instructions or recipes listing ingredients without descriptive narrative are not copyrightable.
Only when an idea is expressed through an original narrative, structure, or creative form does it attract copyright protection.
5. Mere Translations or Reproductions Without Creativity
Translating a work word-for-word without adding interpretative value, linguistic skill, or creative insight does not make it an original literary work. Similarly, reproductions of pre-existing works without alteration or commentary are not eligible for protection.
Examples:
- Literal translations generated by software or AI tools.
- Exact reproductions of public domain books or government reports.
- Duplicated text from another author’s work without transformation.
To gain protection, the translation must demonstrate individuality and literary craftsmanship that differentiates it from the original.
6. Works Created by Artificial Intelligence Without Human Authorship
Under Indian copyright law, authorship must be attributed to a natural person. Consequently, works generated entirely by artificial intelligence, without human input or creative direction, do not qualify for copyright protection or registration.
Examples:
- AI-generated poems, essays, or novels created autonomously.
- Computer-generated reports or news summaries without human editing.
Until legislative reform addresses this evolving issue, copyright remains confined to human creativity and authorship.
7. Works in the Public Domain or Whose Copyright Has Expired
Copyright is not perpetual—it endures for the author’s lifetime plus sixty years in India. Once this term expires, the work enters the public domain, becoming freely usable by all. Such works cannot be re-registered or claimed as new creations.
Examples:
- Classical literary works by William Shakespeare or Rabindranath Tagore.
- Ancient scriptures and texts like the Bhagavad Gita or the Bible.
These timeless works belong to humanity at large and can be freely reproduced, translated, or adapted without permission.
8. Obscene, Defamatory, or Immoral Works
Copyright protection is intended to promote creativity, not to shield obscenity or immorality. The Registrar of Copyrights may refuse registration for works that are defamatory, obscene, or contrary to public policy and moral standards.
Examples:
- Literary works that promote hatred, violence, or discrimination.
- Pornographic content or material offensive to public decency.
- Texts defaming individuals or communities.
This safeguard ensures that copyright serves the public good by fostering intellectual and moral enrichment rather than moral corruption.
Conclusion
The Copyright Act, 1957 does not seek to protect everything written or recorded—it rewards genuine creativity and intellectual effort. Literary works that lack originality, fall under public property, or contravene public morality cannot be registered. The purpose of such exclusions is to prevent monopolization of common ideas and ensure that knowledge, culture, and information remain accessible to all.
Ultimately, copyright registration in India is a tool to encourage human creativity, promote innovation, and enrich society’s intellectual heritage—while preserving a fair balance between individual rights and collective progress.
Copyright Registration in India – Contact Me
Adv. Tarun Choudhury, a seasoned Supreme Court of India practitioner with over 25 years of experience, specializes in constitutional, civil, and federal litigation. He has successfully represented numerous clients in matters involving Intellectual property laws i.e. Copyright, Trademerk, Patent and Industrial Design . His approach combines deep constitutional insight with strategic advocacy to achieve effective, result-oriented outcomes.
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