Copyright Objection Reply
A copyright objection reply answers a discrepancy on your Form XIV, or a third-party objection, in writing and with documents. We fix the gaps, file the reply on the Copyright Office portal and prepare you for any hearing.
What it is
A copyright objection is anything that stops your application from going straight to registration. It is either a discrepancy raised by the examiner, such as a missing no-objection certificate, or an objection from another person who says the work is theirs.
Both fall under Section 45 of the Copyright Act, 1957 and Rule 70 of the Copyright Rules, 2013. Under Rule 70(10), the Registrar can register the work only if no objection arrives within thirty days of receiving the application. Otherwise, Rule 70(11) lets the Registrar hold an inquiry. Rule 70(12) says the Registrar must give you a hearing before rejecting the application. Your copyright objection reply must fit within these rules. Not filed yet? Start with our copyright registration service.
Who it applies to
You received a discrepancy letter
The examiner has found a gap in your Form XIV or supporting papers. It is usually fixable with a document and a clear explanation.
Someone has objected to your application
A person claiming an interest in the work wrote to the Registrar within thirty days. An inquiry follows.
You want to object to another application
Someone has applied to register a work you created or own. Your objection must reach the Registrar within thirty days.
Why it matters
An unanswered file goes nowhere
An unanswered discrepancy keeps the file stuck and can end in rejection. A complete reply puts it back in the queue.
The register entry is evidence
Under Section 48, the Register of Copyrights is prima facie evidence of its particulars.
A rejection is costly to undo
After a final order, the route is an appeal to the High Court under Section 72, within three months. Winning at the reply stage is far simpler.
Documents required
From the file
- The discrepancy letter or objection
- Form XIV and statement of particulars as filed
- Copies of the work as uploaded
Proof of ownership
- No-objection certificate from the author, if the owner applied (Rule 70(3))
- Written assignment deed for bought or commissioned work (Section 19)
- Employment letter where staff created the work (Section 17(c))
- Publisher NOC, if any
Work-specific papers
- Two copies of an unpublished work (Rule 70(4))
- Source code and object code for a computer programme (Rule 70(5))
- Trade Marks Registry search certificate (Form TM-C) for a logo or label
- Dated drafts or files showing who made the work
Common grounds and how we answer them
| Ground raised | What the examiner wants | How we answer |
|---|---|---|
| Owner applied, but no author NOC | Consent of the author, as Rule 70(3) requires | We draft the NOC for the author’s signature and file it with the reply |
| Artistic work used on goods or services | Search certificate from the Registrar of Trade Marks (Section 45 proviso) | We run a trademark search, file Form TM-C and attach the certificate once it issues |
| Software filed without code | Source code and object code (Rule 70(5)) | We prepare the code files and upload them, as we do for software copyright filings |
| Commissioned work, no written assignment | Proof that the rights passed to the applicant | We draft a written assignment under Section 19 and get it signed |
| Third party claims authorship | Evidence from both sides | We build a dated record of creation and answer each claim |
Most discrepancies are paperwork problems, not ownership problems. A Faridabad garment exporter that filed its logo as a plain artistic work will be asked for the TM-C certificate, because the logo is used on goods. That is a two-step fix, not a dispute. Third-party objections are different. Here is the catch: the objector brings evidence too, so your reply must show who created the work, and when.
How it works
Read the letter and the file
We check the letter against your Form XIV and the copies on record, and tell you plainly what is missing.
Collect the proof
We list exactly what we need from you. Say a Faridabad coaching institute filed its study notes, but two teachers wrote them as freelancers: we need a signed assignment and NOC from each teacher before the reply can go in.
Draft and file the copyright objection reply
We answer each point, attach the documents and file on the Copyright Office portal.
Prepare for the hearing
If the Registrar fixes a hearing under Rule 70(12), we prepare written submissions and your points.
Track the file to the certificate
We track the file until the register extract issues. If the order goes against you, a practising advocate handles the appeal with our support.
Timelines
Objection window: 30 days
Under Rule 70(10), anyone with an interest can object within thirty days of the Copyright Office receiving the application.
Reply: within the time in the letter
The discrepancy letter states how long you have. In practice, this is commonly 30 days, so start collecting documents the day it arrives.
Appeal: three months
Section 72 allows an appeal to the High Court within three months of the Registrar’s final order, excluding time taken to get a certified copy.
What happens if you do not reply
Your application can be rejected
A hearing is offered under Rule 70(12), but if you neither reply nor appear, the file can be rejected.
You lose the evidence advantage
You still own the copyright, but in a dispute you must prove authorship and dates from scratch.
You end up in court
A final rejection can only be challenged in the High Court (Section 72).
Frequently asked questions
What is a discrepancy letter from the Copyright Office?
A discrepancy letter is a note from the examiner listing gaps in your copyright application. Typical gaps are a missing author NOC under Rule 70(3) or software filed without source code under Rule 70(5). It is not a rejection. You answer each point on the portal with a document or an explanation, and the file moves on to the next stage.
How much time do I get to reply to a copyright discrepancy?
You get the time stated in the letter, which in practice is commonly 30 days. Plan backwards from that date, because an author NOC or a TM-C certificate can take a few days to arrange. A missing NOC from an author who now lives abroad, for instance, can eat a week on its own. We aim to file well inside the period.
Who can object to my copyright application?
Any person who claims an interest in the work or disputes your right to it can object. Rule 70(9) requires you to give notice of your application to such persons, and Rule 70(10) lets the Registrar register the work only if no objection arrives within thirty days. You always get a chance to answer the objection in writing and in person.
Can the Registrar reject my application without hearing me?
No. Rule 70(12) of the Copyright Rules, 2013 says the Registrar must give an opportunity of hearing before rejecting any application. So even after a weak first reply, you get one more chance to explain and to produce documents. We prepare written submissions for the hearing and a short note of the points you must make, so you walk in ready.
Why does my logo application need a TM-C certificate?
Because the logo is used on goods or services. The proviso to Section 45 of the Copyright Act requires a certificate from the Registrar of Trade Marks for an artistic work used in relation to goods or services. You get it by filing Form TM-C, which costs ₹9,000 on e-filing. Once attached, this discrepancy is usually closed.
A freelancer made the work. What do we file in reply?
File a written assignment from the freelancer, plus their NOC. Under Section 17, the author is usually the first owner, unless the work was made by an employee in the course of employment. Section 19 says an assignment is valid only in writing, signed by the assignor. If none exists, we draft one for signature. With the deed on record, the ownership question is settled.
What if the Registrar finally rejects my application?
You can appeal to the High Court within three months of the order under Section 72 of the Copyright Act. The time taken to get a certified copy of the order is excluded from the three months. An appeal is court work, so a practising advocate drafts and argues it; we prepare the record and coordinate. We first check whether a fresh, corrected application is quicker.
Can I object to someone else’s copyright application?
Yes, if you claim an interest in the work or dispute the applicant’s right to it. Send a written objection to the Registrar of Copyrights within thirty days of the application being received, as Rule 70(10) sets that window. Attach dated drafts or files that prove your authorship. We draft the objection and set out your evidence clearly for the inquiry.
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.
The main government fees are the Form XIV fee for your class of work and, for a logo, the TM-C fee:
| Item | Government fee |
|---|---|
| Literary, dramatic, musical or artistic work | ₹500 per work |
| Artistic or literary work used on goods or services | ₹2,000 per work |
| Sound recording / cinematograph film | ₹2,000 / ₹5,000 per work |
| Form TM-C search certificate (e-filing), if a logo needs it | ₹9,000 |
Ready to begin?
Send us the letter and your diary number; we will tell you what it needs and file the reply.