Entries in Register of Copyrights
Section 45 of the Copyright Act, 1957 deals with entries in Register of Copyrights. 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 for entering particulars of the work in the Register of Copyrights: [Provided that in r The Act came into force on 21 Jan 1958.
(1) 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 for entering particulars of the work in the Register of Copyrights:
1[Provided that in respect of an artistic work which is used or is capable of being used in 2[relation to any goods or services], the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in 3[section 3 of the Trade Marks Act, 1999 (47 of 1999)], to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.
Section 45, 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.
This section refers to
Referred to by 1
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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Raj Kumar Saraf Prop. Bindal Food Products vs Vaidya Nandram Gigraj Chamaria
Court's Decision & Legal Precedent
An entry in the Register of Copyrights obtained on a Section 45 application containing a false declaration as to the year of first publication is liable to be expunged; publication within the meaning of Section 3 is a sine qua non for the claim of authorship made in the statement of particulars, and the proviso to Section 45(1) separately requires, for an artistic work used or capable of being used in relation to goods, a certificate from the Registrar of Trade Marks. Registration of a trade mark forming part of the artistic work confers no premium under the Copyright Act.
On this section: The Division Bench construed Section 45(1) and its proviso and upheld rectification of the Register where the applicant's declared year of publication was shown to be false.
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Laxmi Snacks PVT LTD vs Akshar Food Products
Court's Decision & Legal Precedent
Reviewing the conflicting lines of authority on whether copyright must be registered before suit, the Court held that at the interlocutory stage a plaintiff cannot be non-suited merely because the copyright is unregistered: whether registration under Section 45 is compulsory is an arguable question, Section 45 having been read elsewhere as an enabling and optional provision that does not qualify Sections 13, 14 or 15.
On this section: The judgment collects and weighs the case law on whether Section 45 registration is a condition precedent to relief, and refuses to treat non-registration as a bar at the stage of interim injunction.
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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 45
What have the courts held on Section 45 of the Copyright Act?
Raj Kumar Saraf Prop. Bindal Food Products vs Vaidya Nandram Gigraj Chamaria (19 Jul 2013) is the leading judgment on this section among those set out below: The Division Bench construed Section 45(1) and its proviso and upheld rectification of the Register where the applicant's declared year of publication was shown to be false. Another 1 judgment on this section is set out below. They run from 2013 to 2015.
How do I find court cases under Section 45 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 45, section 45 Copyright Act, section 45 of the Copyright Act. People searching for it also type section 45 of copyright act 1957. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raj Kumar Saraf Prop. Bindal Food Products vs Vaidya Nandram Gigraj Chamaria (19 Jul 2013).
What should I read with Section 45 of the Copyright Act, and has it changed?
Its own text turns on Trade Marks Act 3 (Appointment of Registrar and other officers), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 2 instruments name it without being made under it, most recently The Copyright Rules, 2013 (2013), then The Copyright Rules, 1958 (1958).
When did Section 45 of the Copyright Act come into force?
Section 45 of the Copyright Act, cited as Copyright Act 45, 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.