Arjun is a well-known writer. In 2015, he wrote an original novel titled "The Silent River". The book was first published in India in 2016. In 2018, a film company called Meera Films Pvt. Ltd. took written permission fro

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2026
Arjun is a well-known writer. In 2015, he wrote an original novel titled "The Silent River". The book was first published in India in 2016. In 2018, a film company called Meera Films Pvt. Ltd. took written permission from Arjun to make a movie based on his novel. However, their agreement did not clearly mention satellite broadcasting rights (such as showing the film on television). In 2023, another producer released a film titled "Quiet Waters". Arjun claims that this new film is very similar to his novel. According to him, not only the main idea but also the storyline, characters and sequence of events have been copied. Further, a broadcasting company telecast the film made by Meera Films but did not pay any royalty to Arjun. The company claims that it has legal rights to broadcast the film. In fact, Arjun had not registered his copyright. The defendants argue that because the work was not registered, Arjun cannot file a copyright infringement case. Arjun wants to file suit seeking relief for copyright infringement. Based on above facts, answer the following with legal provision of Copyright Act, 1957: Whether registration of copyright is mandatory before filing an infringement suit?

Answer & Explanation:

The mechanism of registration of copyright has been contemplated under Section 44 of the Copyright Act. It is evident from the provisions of the aforesaid section that registration of the work under the Copyright Act is not compulsory and is not a condition precedent for maintaining a suit for damages, if somebody infringes the copyright. Sections 44 and 45 of the Copyright Act are only enabling provisions and do not affect the common law right to sue for infringement of copyright. An action for infringement can be brought even if the registration has not been done. The only effect of registration is that it is the prima facie evidence of the particulars entered in the register. Section 45 of the Act clearly mentions that 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. The use of word "may" clearly indicate that the author is at the discretionary liberty to apply for registration of Copyrights. In this case, Arjun has not registered his copyright. He can still file and maintain a suit for infringement despite non-registration.

Topics: Intellectual Property Law

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