Copyright law is often described as a way to protect physical things like music, books, and artwork. But what of software code? Just because it doesn’t physically take up space doesn’t mean copyright law cannot protect it. In fact, software code is the basis of our entire digital universe. Companies invest a considerable amount of money in creating software. Protecting this investment is essential. Software code can be safeguarded by copyright in India.
One of the prime things to remember when securing your software code is that copyright law safeguards original expressions, not ideas. This implies that if anyone copies the idea underlying your program but none of the real code, you cannot triumph in a copyright infringement lawsuit. Nevertheless, if they copy a part of your actual code, then you may bring a case against them.
This post will walk you through the procedure of how to copyright software in India and provide you with helpful insights on this subject matter.
Comprehending Copyright of Software in India
Copyright, in plain terms, is the protection of your intellectual creations. It offers specific rights to individuals, effectively creating a monopoly over their original works. This protection covers an extensive range of designs, including literature, sound recording, art, cinematographic film, computer software, and music, among others.
In the arena of software, the Copyright Act of 1957 in India plays a crucial role. It not only furnishes copyright protection for software but also addresses elements like registration, infringement, and the rights connected with software.
Copyright can be acquired for a computer program in different tangible forms, which may involve compiling it on a ROM, magnetic disk, or also in print form. However, it must be noted that not everyone is qualified for copyright protection.
Eligibility Criteria for Software Copyright
To qualify for software copyright protection, certain criteria must be met:
- Originality: The work or the project needs to be completely authentic, thereby showcasing the creator’s proficiency and profound knowledge. It has to be way away from being a prototype or a mere replica of the present software.
- First Publication in India: Before introducing the software in any other country, it must first be published in India. If the software is initially circulated elsewhere, the creator must be an Indian citizen to be qualified for copyright protection.
- Beyond Tables and Algorithms: Software that creates only tables and algorithms usually does not qualify for software copyright protection.
It must be noted that while the government issues copyright protection under the Copyright Act of 1957, any software having a substantial technical aspect may also qualify for a patent under the Indian Patent Act of 1970.
Rights Accorded to Authors Under Software Copyright
Software copyright offers authors an assortment of intellectual property rights, including:
- Distribution: The right to disseminate copies of the software to the public.
- Translation: The right to translate the work into different formats.
- Storage and Reproduction: The right to store the work in electronic form and reproduce it as required.
- Adaptation: The right to build adaptations or derivative works relying on the original.
- Public Display: The right to showcase the software publicly.
- Commercial Use: The right to rent or sell the software for legal purposes.
In instances where a group of individuals cooperatively creates the software, the government issues these rights to all of the contributors jointly.
Procedure to Copyright Software in India
For software creators looking to secure their original works, the copyright registration process is present under the Copyright Act of 1957.
Let’s examine closely the government’s process for registering software copyrights:
1. Application Submission
Commence by depositing an application for the software copyright.
It is essential to include the ‘Source Code’ with your application for registration, which will be kept confidential.
The authorities, nonetheless, make the object code public.
2. Diary Number
Following the application submission, the source code is recorded in a diary with a designated number.
3. 30 Day Public Display
For 30 days, the officials make the source code available to the public.
If no objections are raised in this period, the process continues. In case of objection, a copyright hearing is scheduled.
4. Application Scrutiny
If no objections are raised, an examiner reviews the application for any disparities.
In the event of the detection of any inconsistencies, a Letter of Discrepancy is immediately placed before the programmer or software creator.
Nonetheless, if the program shows zero error, it can smoothly make its transition to the next phase.
5. Registration Approval
The ultimate step involves getting acceptance from the registrar.
The registrar may either approve or decline the application form. If refused, you will need to launch the process anew.
If your application is accepted, you will get an official notification from the concerned authorities.
Additionally, they will include a copyright notice utilizing the symbol © on copies of the work.
Documents Needed for Software Copyright Registration in India
To finish the registration of copyright, you will be required to submit the following documents:
- Proof of nationality for the applicant
- Copies of the submitted work
- Proof of your name
- Description of the work
- The publication date for the work
- Address proof
These documents are required for the correct registration of your software copyright, ensuring that your intellectual property is sufficiently protected.
Scope of Copyright Protection for Software
Copyright protection protects the ways ideas are presented rather than the idea in itself. Therefore, copyright shields the overall design, and framework which an exclusive code presents. But you cannot expect it to preserve the core concepts, its working and the algorithms. This hints at the fact that two divergent applications of software can execute a similar function without any risk of copyright infringement, so long as they vary in their performance and coding of those functions.
Copyright Infringement and Just Use
Copyright infringement generally takes place when an individual violates any entitlement or claims that a copyright owner has over their work without seeking their approval. The copyrighting of a software application indicates that it is an unauthorised copy, and the code has been disseminated without any prior consent, or modified and created new editions of the code without prior approval. There is actually some defence to copyright infringement, such as fair use. Fair use is the right to use copies of copyrighted work, provided that limited amounts of material are used for commentary, criticism, research, or to teach. Determining the “fair use” standard as it applies to software is a murky area and must be determined on a case-by-case basis.
Bottom Line
Copyright protects the originality and expression of software code and provides legal rights to the author(s). Copyright protection undoubtedly becomes complicated by, among other things, the intangible or abstract nature of software. However, copyright protection can be established with technology and law. But even with these protections in place, the idea of fair use and the rise of open-source software have introduced new challenges when it comes to copyrighting software. As technology keeps changing, the laws need to keep up to protect software creators while also encouraging innovation and creativity in the digital world.
