Copyrighting Computer Programs in India
Creation is the most significant factors for the development of an economy. Creations like that of literary works viz. dramatic work, artistic work, sound recordings and computer expressions in the form of codes or any other form which is readable by hardware or any electronic medium can be protected through Copyright Act of 1957. Copyright is applicable to both kinds of work, published or unpublished. A copyright owner holding the copyrights for a computer program enjoys exclusive rights of ownership as well as for licensing and distribution. Also, it is not mandatory that a copyright owner has to register his work with the designated copyright office to procure copyright protection. Although it is always recommended to safeguard literary work through copyright registration because, at a later stage, the copyright ownership helps to defend his or her case in the institution of suit against infringements. Also, the certificate of registration issued by the copyright office is considered as the primary evidence in the infringement suits, as it is certified by the Registrar with the official seal. Computer software is basically a set of commands or statements or some kind of instructions which are readable by a computer in order to produce a certain result. Getting copyrights for protection of computer program puts a restriction on duplicating the structure of a program and its design. Other elements of computer programs may also be protected like the display and the sounds, the graphics as an audio-visual work so that the work can be protected from the beginning as well as the end viz.
the codes as well as the results generated from the codes. A copyright owner doesn’t get the copyright ownership just for that particular lines of codes or the computer program but for every other modification to that computer program.
How to protect Computer Software, Computer Programs aka Source Code?
Copyright protects the expression of an idea and not the idea itself. Copyright of ideas doesn’t exist as the idea of two literary arts may be the same but the way they will be expressed will always differ. Copyright aims to protect that expression of the artist or the creator. Copyrighting a computer software can be interpreted as the source codes and their user manuals, as well as their audio-visual forms, qualifies for protection according to the copyright act but any algorithm or any method within the computer program cannot be protected under the copyright expression. Copyright exists in all kinds of published as well as unpublished literary works wherein computer program in any tangible form are granted protection. Hence, a computer program is required to be recorded on some kind of tangible medium like ROM or a disk to get copyright protection.
What are the rights of the Copyright Owner? Copyright Ownership under Indian Copyright Law
A copyright owner enjoys certain exclusive rights of use. Apart from exclusive ownership of the copyrighted work, the owner can reproduce and store the copyrighted program in some other form, can issue his intellectual work to people at large, can make some kind of film or presentation with regard to the work, translate the work in other languages for the purpose of distribution, storage reproduction and commercialization. Also, nobody can use a copyrighted work for personal gains or generating profits through it without the authorization of the real owner of the work.
What is Copyright Infringement?
- Using a copyrighted software, reproducing and distributing it for personal gains without authorisation of a copyright owner is unlawful and said to be infringing on somebody else’s rights. Infringing on any copyrighted program or software is known as software piracy. It is a form of theft which involves stealing someone else’s property. However, there are exceptions available as per country to country as per their respective laws.
- End users like the corporate or home users who attempt to use any kind of unlicensed software or the ones who possess a license but uses it on more than the number of systems on which it is allowed or they are entitled to use is generally referred to as end-user piracy.
- Duplicating a copyrighted software or selling an almost identical software to that of the original one is also covered under copyright infringement and is called as counterfeiting of software.
Available Remedies on Infringement of Copyright in India
- Permanent or Temporary injunctions.
- Seizing and destructing infringed copies.
- Seeking monetary benefits plus the infringer’s profits.
- Cost of the court & attorney’s fees.
International Copyright Protection
Copyright protection can be enjoyed for the work created in any extra-territorial areas because of International treaty obligations. Member countries of International treaties are obliged to fulfil certain uniform standards. Hence, member countries agree to bestow the same treatment to foreign creations as they give to their nationals.
Berne Convention,
Universal Copyright Convention,
International Copyright Order are few of the international conventions which safeguard the copyrighted works. In India, it is not necessary to get your creations copyrighted through the office of the registrar, but it is in your best interest to get your literary works registered through copyrights as it puts the creator in a safer position to deal with copyright infringements.
Prerequisites to registering a Software Copyright in India
For computer programs, a copy of portions of a program viz. beginning 25 pages and the ending 25 pages of codes produced in a visible form which can be viewed without using any system or machines. And if the computer software work is less than 25 pages then the owner should send a visible form of the entire source code which can be viewed without using any systems or machines. Also, while applying for copyright the entire CD-ROM containing the computer software work, the instruction manual along with the application form and the receipt should be sent to the office of copyrights.
Effective Registration date of Copyright
The effective registration date in accordance with the copyright office will be when all the prerequisites are fulfilled in the prescribed form and the registrar is satisfied with the details. The time required to process a copyright application is not fixed and depends on the prosecution timeline as well as backlog at the copyright office.
We are a vibrant team of IP Professionals at Excelon IP, who handle copyright prosecutions according to the client’s needs and provides them with our quality services & professional solutions. Over and above we explain to you that what copyright is, is it applicable in your case or not and if yes, what strategy you should adopt to get maximum benefits out of it.
