Copyright for Cinematograph Film
Under the Copyright Act, 1957, a feature, web series or ad film is a cinematograph film, and the producer is its author. We check the script and music rights first, then file Form XIV and follow it through the 30-day objection window.
What it is
Section 2(f) of the Copyright Act, 1957 calls any work of visual recording, with its sound, a cinematograph film. Features, documentaries, web episodes and video ads all count. Section 2(d)(v) makes the producer the author: the person who takes the initiative and responsibility for making the film (Section 2(uu)).
Under Section 13(4), the script, songs and score inside the film keep their own separate copyright. You register in Form XIV under Section 45 on the Copyright Office portal (copyright.gov.in), and the register entry is prima facie evidence under Section 48.
Who it applies to
Production houses
Companies and LLPs that fund films. Many producers use a private limited company for the production to hold the film’s rights.
Independent film makers
A director who raises the money and carries the shoot is the producer in law.
Brands and agencies
Paying a studio for a launch video? Under Section 17(b), a film made for payment at your instance is yours, unless the contract says otherwise.
Why it matters
Clean title for buyers
OTT platforms and distributors check the chain of title before they pay, and a registered film answers that first question.
Faster action against piracy
The register entry proves ownership fast when you ask a court to stop a leak.
Script and music rights checked
Under Section 13(3)(a), no copyright subsists in a film if a substantial part of it infringes another work.
Documents required
About the producer
- Name, address and nationality
- PAN; certificate of incorporation for a company or LLP
- Power of attorney if we file as your agent
About the film
- Title, language and duration
- A copy of the film
- Year and country of first publication, if released
Rights in the film
- Writer agreement or assignment for the script
- Composer and lyricist agreements; licences for any songs used
- Commissioning contract, if a client paid for the film
- No-objection certificate where Rule 70(3) needs one
How it works
Map who owns what
We list every work inside the film and check each one is assigned or licensed to the producer in writing. Here is the catch: a Faridabad agency that hires a freelance composer for an ad film owns the film, but not the jingle, until the composer signs it over.
File Form XIV
We file on the Copyright Office portal with the Statement of Particulars, a copy of the film and the ₹5,000 fee, and share the diary number.
Wait out the 30 days
Under Rule 70(10), the Registrar proceeds only if no objection arrives within thirty days of receiving the application.
Answer the examiner, collect the certificate
We answer any examiner discrepancy on the portal. Once cleared, the film is entered in the Register of Copyrights and we send you the certificate.
Timelines
Filing
A few working days after we have the film and rights papers.
Objection window
Thirty days from the date the Copyright Office receives the application.
Term of copyright
Under Section 26, sixty years from the beginning of the calendar year after the film is published.
Copyright registration vs CBFC certificate
Producers often confuse the two.
| Point | Copyright registration | CBFC certificate |
|---|---|---|
| Law | Copyright Act, 1957 | Cinematograph Act, 1952 |
| Who issues it | Registrar of Copyrights | Central Board of Film Certification |
| What it proves | Who owns the film | That the film is fit for public exhibition in a stated category (U, UA, A or S) |
| Compulsory? | No | Yes, for public exhibition in cinemas |
You will usually need both, and one cannot stand in for the other.
What happens if someone pirates your film
Criminal case
Under Section 63, knowing infringement is punishable with six months to three years in jail and a fine of ₹50,000 to ₹2 lakh.
Civil suit
You can seek an injunction, damages and an account of profits, with the Section 48 register entry as proof of ownership.
Without registration
You still own the film. In practice, a web series that leaks before streaming needs urgent court relief, and rebuilding proof from old emails wastes days.
Frequently asked questions
Who owns the copyright in a film in India?
The producer owns the copyright in a film, unless a contract says otherwise. Section 2(d)(v) makes the producer the author, and Section 2(uu) defines the producer as the person who takes the initiative and responsibility for the film. If someone paid you to make the film, Section 17(b) gives ownership to the person who commissioned it. A clear written contract settles this before shooting starts.
Does the producer own the script and the songs?
No, not automatically. Section 13(4) says the film’s copyright does not affect the separate copyright in the script, music or lyrics used in it. The producer needs a written assignment or licence from each writer, composer and lyricist. Since 2012, a proviso to Section 17 protects the rights of authors whose work is used in a film. Signed agreements keep your title clean.
Do lyricists and composers still get royalties?
Yes, for uses other than screening the film in a cinema hall. Under the first proviso to Section 18(1), added in 2012, the author of a literary or musical work in a film cannot assign or waive the right to an equal share of royalties for those uses. They can pass it only to legal heirs or a copyright society. Plan music contracts around it and avoid surprises.
Is a CBFC certificate the same as copyright?
No. A CBFC certificate under Section 5A of the Cinematograph Act, 1952 only clears the film for public exhibition in a category such as U, UA, A or S. It says nothing about who owns the film. Copyright registration under Section 45 of the Copyright Act records ownership. A theatrical release needs both; they run side by side.
What is the government fee to register a film?
The government fee is ₹5,000 per cinematograph film. A sound recording, such as the film’s soundtrack album, is a separate work with a fee of ₹2,000. Song lyrics or music can be registered as literary or musical works at ₹500 each. We tell you which works are worth filing, so you spend only where it helps.
How long does film copyright last?
Film copyright lasts sixty years. Under Section 26, the count starts from the beginning of the calendar year after the year the film is published. So a film released in 2026 is protected until the end of 2086. Registration never needs renewal; the entry stays on the register for the full term.
Can I register a film before it is released?
Yes, an unpublished film can be registered before release. Rule 70(4) of the Copyright Rules, 2013 asks for two copies of an unpublished work, and the 30-day objection window still applies. Registering early gives you a dated record while you pitch to platforms, and filing a few months before release keeps you comfortably ahead.
Is the film title protected by copyright?
Generally no. Indian courts have held that a title alone is not a copyright work. If you plan sequels or merchandise under the title, a trade mark application for the title is the better route. We can run a search and file it alongside the copyright application, so the name and the film are both covered.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees: ₹5,000 per cinematograph film, ₹2,000 per sound recording and ₹500 per literary or musical work.
Ready to begin?
Send us the film details and signed contracts; we will check the chain of rights and file Form XIV.