Works in which copyright subsists
Section 13 of the Copyright Act, 1957 deals with works in which copyright subsists. Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-- (a) original literary, dramatic, musical and artistic works; The Act came into force on 21 Jan 1958.
(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,--
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) 1[sound recording].
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless--
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 2[work of architecture], the work is located in India.
Explanation.--In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
(3) Copyright shall not subsist
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work;
(b) in any 3[sound recording] made in respect of a literary, dramatic or musical work, if in making the 3[sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the 3[sound recording] is made.--
(5) In the case of a 3[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.--
Section 13, The Copyright Act, 1957 (Act 14 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Krishika Lulla v. Shyam Vithalrao Devkatta
Court's Decision & Legal Precedent
Judgment order-16.pdf labelled 2015-10-15 (Bobde J.). Tool DATE-CHECK FP on 2008–2012 fact/HC dates — body is named Desi Boyz reportable construing Copyright Act s.13: no copyright in mere title 'Desi Boys'; criminal complaint under s.63 quashed. Map Copyright 13.
On this section: s.13 works in which copyright subsists — mere title not original literary work; no copyright in title alone.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Having held that the broadcast/live telecast is not a work within the definition of 2 (y) of the Copyright Act and also that broadcast/live telecast doesn't fall within the ambit of section 13 of the copyright Act, it would suffice to state that a live telecast/broadcast would have no 'copyright'. This issue is well settled in view of the position of law as laid down by this Court in case of ESPN Star Sport v. Global Broadcast News Ltd. 2008 (38) PTC -"7, wherein this Court after analysing the provisions …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 13
What have the courts held on Section 13 of the Copyright Act?
Krishika Lulla v. Shyam Vithalrao Devkatta (15 Oct 2015) is the leading judgment on this section among those set out below: s.13 works in which copyright subsists — mere title not original literary work; no copyright in title alone.
How do I find court cases under Section 13 of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 13, section 13 Copyright Act, section 13 of the Copyright Act. People searching for it also type copyright act section 13 and 14 and copyright act section 13 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Krishika Lulla v. Shyam Vithalrao Devkatta (15 Oct 2015).
What should I read with Section 13 of the Copyright Act, and has it changed?
Its own text turns on section 40 (Power to extend copyright to foreign works), section 41 (Provisions as to works of certain international organisations), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Copyright Rules, 2013 (2013).
When did Section 13 of the Copyright Act come into force?
Section 13 of the Copyright Act, cited as Copyright Act 13, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.