Chapter III - Copyright
Section 16
Section 16: No copyright except as provided in this Act
Section 16 requires a statutory basis for copyright while preserving remedies against breach of trust or confidence.
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Need advice on Section 16?
This article is for general information. Refer to the Copyright Act, 1957 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be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.
Applicability and limits
A business claiming exclusive rights in an unpublished draft, dataset or design should identify the provision of this Act or another current law that creates the right.
A confidentiality obligation is a separate issue. The final clause expressly preserves rights or jurisdiction to restrain breach of trust or confidence.
Hypothetical example
Hypothetical: a vendor discloses a confidential pitch deck despite an NDA. Even if a copyright claim is disputed, section 16 does not remove a properly founded breach-of-confidence claim.
Practical steps and evidence
Identify the work and the claimed statutory right.
Keep creation, ownership and agreement records.
Assess contractual confidentiality separately from copyright.
Practical checklist
Do
- Identify the work and the claimed statutory right.
- Keep creation, ownership and agreement records.
- Assess contractual confidentiality separately from copyright.
Avoid
- A confidentiality obligation is a separate issue. The final clause expressly preserves rights or jurisdiction to restrain breach of trust or confidence.
Glossary
- Work
- Subject matter for which copyright or a similar right is claimed.
- Breach of confidence
- Unauthorised use or disclosure of information subject to an obligation of confidence.
Frequently asked questions
Can a business claim a free-standing copyright outside statute?
Section 16 requires copyright or a similar right to arise under this Act or another law in force.
Does section 16 cancel NDA remedies?
No. It expressly preserves rights or jurisdiction to restrain breach of trust or confidence.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026