Someone is selling your photographs, reprinting your book, or running your software without permission. You do not need a registration certificate to act. Copyright in India exists the moment you create the work, and the Copyright Act gives you two parallel routes against the infringer: a civil suit for an injunction and damages, and a criminal complaint that can lead to jail.
Quick answer: Under Section 55 of the Copyright Act 1957 you can sue an infringer for an injunction, damages, and an account of profits. Section 63 makes knowing infringement a criminal offence carrying six months to three years in jail and a fine. You do not have to register your copyright before suing.
Infringement is the use of someone's protected work without permission or licence, in a way only the copyright owner is allowed to do. This includes copying, reproducing, publishing, selling, or communicating the work to the public. It covers books, music, films, photographs, paintings, software code, and other original creative works for the life of the author plus sixty years.
The governing law is the Copyright Act 1957. Copyright arises automatically on creation, so registration is not a precondition to sue. The Act gives you two enforcement routes that you can use together:
Where you file the civil suit: Section 62 lets you institute the suit in the district court within whose limits you, the plaintiff, reside or carry on business. This is a deliberate convenience, so you are not forced to chase the infringer to a distant court.
Time limit: A civil suit for infringement should normally be filed within three years of the infringing act under the Limitation Act 1963, and a fresh limitation runs for each continuing act of infringement.
RTI angle: Where the infringer is a government department, a public sector undertaking, or a body funded by the State that is using your work, an RTI can confirm the use and obtain the relevant tender, purchase, or publication file. That record becomes direct proof of unauthorised use for your notice or suit. You can also obtain your own application file from the Copyright Office through an RTI if a registration is pending.
Real-life example: Priya Nair, a freelance illustrator in Kochi, found a merchandise seller printing her artwork on T-shirts without a licence. She kept her dated design files and screenshots of the listings, sent a cease and desist notice, and when it was ignored, filed a civil suit under Section 55 in the Kochi district court where she works. The court granted an interim injunction stopping further sales, and the seller settled by paying a licence fee and damages. Her main cost was the court fee and notice charges.
No. Copyright in India exists automatically once you create the work. Registration is useful evidence but is not a precondition to file a civil suit under Section 55 or a criminal complaint under Section 63.
Under Section 55 the court can grant an injunction to stop the infringement, award damages for your loss, order an account of the infringer's profits, and direct delivery up of the infringing copies.
Yes. Section 63 makes knowing infringement punishable with six months to three years imprisonment and a fine of ₹50,000 to ₹2,00,000. The Supreme Court has held the offence to be cognizable, so police can act.
Section 62 allows you to sue in the district court within whose limits you reside or carry on business, which is often more convenient than the infringer's location.
Generally three years from the infringing act under the Limitation Act 1963. Each continuing act of infringement gives rise to a fresh period, but you should act promptly to protect your remedies.
Send a clear cease and desist legal notice setting out your ownership, the infringement, and your demands. Many disputes settle at this stage, and the notice also strengthens a later suit.
Yes. Computer programs and original online content are protected literary or artistic works under the Copyright Act, and the same civil and criminal remedies apply to their unauthorised use.