Copyright Act, 1957 - Chapter III

Section 16 of the Copyright Act, 1957 - No Copyright Except as Provided by Law

Section 16 states the statutory basis of copyright in India. A person cannot claim copyright or a similar right in a published or unpublished work except under the Copyright Act, 1957 or another law in force. At the same time, the section expressly preserves the power to restrain a breach of trust or confidence.

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Text of Section 16 - No Copyright Except as Provided in This Act

No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

The current official text of Section 16 is available in the Copyright Act, 1957 on India Code. The Copyright Office also provides the Act, Rules, notifications and related copyright services through its official portal.

Meaning and Scope of Section 16

Section 16 makes copyright a right governed by statute. In practical terms, a claim to copyright or a similar proprietary right in a work must be supported by the Copyright Act, 1957 or by another law that is in force. The provision applies whether the work has been published or remains unpublished.

The expression "copyright" should be read with Section 14, which defines the meaning of copyright, while the categories of works in which copyright subsists are addressed by Section 13. Section 16 therefore operates within the wider statutory scheme that determines whether copyright exists and what exclusive rights it carries.

Exception for Breach of Trust or Confidence

The concluding part of Section 16 is important. It provides that the section does not abolish any right or jurisdiction to restrain a breach of trust or confidence. Accordingly, the absence of a copyright claim under the Act does not, by itself, extinguish a legally available remedy based on breach of trust or confidence.

Key point: Section 16 limits claims to copyright or similar rights to rights recognized by law, but it expressly leaves intact remedies that may be available to restrain misuse of material disclosed in trust or confidence.

Section 16 appears immediately before the provisions on ownership of copyright. For connected reading, see Section 17 - First owner of copyright, Section 18 - Assignment of copyright, Section 19 - Mode of assignment, Section 19A - Disputes with respect to assignment, and Section 20 - Transmission of copyright in manuscript by testamentary disposition.

Copyright Act, 1957

The Copyright Act, 1957 is the principal central legislation governing copyright in India. The Copyright Office states that the Act came into effect in January 1958 and has subsequently been amended, including substantial amendments made in 2012. For the complete statute and current official material, readers should refer to India Code and the Copyright Office.

Legal information page reviewed against official sources on 21 September 2026. Always consult the current statutory text and applicable judicial decisions for a specific legal issue.