Copyright of Computer Software

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Copyright of Computer Software

Every day we have ample ideas running in our minds. These could be any new gadget, new song, piece of art, and so much more. There are marvelous inventions that are made in softwares for over the past decade. However many times individuals claimed that other people stole their ideas. This was true as there was no right to claim over their intellectual property.

But not anymore, now individuals can easily claim the right over their intellectual property, its production and use for creative works. It is called copyright registration. In today's world everything gets done in just one click. There are lots of softwares that are created including computer software. If it is an original software then you can claim your copyright. Yes, copyright registration for software is feasible. However , before that you must know the types of copyright to know under which category this falls.

Types of Copyright

The Government provides protection of copyright over all creative and original work of the creator. The work is protected as per Copyright Act, 1957. These rights are valid for the lifetime of the owner and sixty years after the lfe of the creator. All the work gets different treatment, the principal aim being the protection of original work. Section 13 of the copyright act, 1957 deals with the types of copyright that one can register in India. There are mainly six types of copyright that includes-

Literary Work

These include works of literature. It can be in any form including books, thesis, research paper, tables, compilations, or even computer programmes or data bases. You can claim your copyright irrespective of the style or quality.

Cinematography work

A recorded work with audio and visuals is a part of cinematography. It includes all the methods of recording and storing it.

Musical work

This work includes just a recording with no lyrics or sound. It is distinctly copyrightable. The music work is on a separate application, and to use it, one must take permission from the owner of the work.

Artistic Work

It includes the original artwork including graphics, cartoons, paintings, diagrams, plans, charts, maps, models of building, sculptures among several others.

Dramatic work

It includes itinerary work for a play recitation, scenic arrangement, an entertainment show, or just a work of acting, without the involvement of the cinematographic film.

Sound recording

It contains the audio recording of the singer with no musical tunes, these include podcasts, recorded speech, among others. In case they add music to the recording then it must have permission from the owner of the musical work.

Copyright of a Computer Software in India

Like any other original work, computer softwares is also protected under the Copyright Act, 1957. However, softwares must not lead to technical effect is not a program. The softwares which has a technical effect will be dealt with by the Patent Act. To enjoy copyright protection the software must be an original work and should be published in India and not abroad. The author of the work must be an Indian citizen or citizen of any other country who is a member of Berne convention or UCC.

Why Is it necessary?

The Act endeavors to allow the author the liberty to reproduce the work and have the right to sell it. It also seeks to safeguard his economic rights. It must be noted that the author of the software has the first right on the product. However, if he is under employment the employer of that company will hold all the rights regarding the software.

Section 51 of the copyright act, 1957 talks about infringement of copyright. It states that if the person copies the work of the author without his permission, then it is called infringement. The law is pretty harsh on infringement and is punishable with imprisonment upto 3 years and fine of Rs. 2 lakh or both.

Eligibility criteria for Computer Software Copyright

The computer software which is provided should be the original one, that is the only criteria to obtain computer software copyright.

Documents Required for Copyright of Computer Software

Following are the documents required for Copyright of a computer software-

  • No objection certificate of the author involved in the creation of the software.
  • Source code of the computer software.

Procedure for copyright of a computer software

The copyright of a computer software requires a legal requirement. It's procedure for registration is quite a long one. However, all of that can be compressed into the following points-

  • Perform a copyright registration search to see and check whether the computer software which we are applying is available or not.
  • File an application for copyright registration along with the copy of work i.e. your computer software.
  • Then the examiner will examine the application whether the application is submitted along with proper documents or not.
  • If the examiner is satisfied with the application then he will process the application further, otherwise he will raise an objection and the same would be communicated to the applicant by sending the discrepancy letter.
  • After receiving the discrepancy letter, the applicant is required to respond to it within 30 days.
  • After its response if the examiner is satisfied then he will proceed the application furtherotheriwse it will be kept for hearing.
  • After hearing if the examiner is satisfied then he will publish the material or otherwise he will reject the application.
  • Wait for the copyright material to be published.
  • It shall stay in the journal for a while.

Once you get the copyright registration, the benefits of it come automatically with it. However, it may take some time to get clear or to get its registration.

Computer Programmes and their copyright

Computer programs are part of the literary work covered under Intellectual property Rights by copyright Act, 1957. These are a set of instructions that instruct the computer for the working procedure and to carry out certain tasks. The government grants copyright protection for the computer software. You can do this easily through the copyright registration process at the copyright office. Even if you complete the copyright process, there is always a risk of infringement across the borders. To protect your work the obligation also applies across cross country borders. Some conventions which help in protecting the copyrighted work includes-

  • Berne Convention
  • Universal Copyright Convention
  • International Copyright Border

Conclusion

In bried copyright registration is not only limited within the country. Once can get the copyright for their original work across the globe easily under various international conventions. Along with that there are various copyrights for all forms of original works with their legal terms and requirements.

How BIAT legal LLP will assist you in filing if copyright of Computer Software

we , here at BIAT legal LLP, provide you with end to end solutions for copyright of computer software. Our services includes-

  • Collection of information and start the process
  • Drafting of the application
  • Drafting of the application
  • Filing the application for copyright of computer software

BIAT legal LLP is India's leading IPR firm providing the comprehensive services relating to copyright of computer software.

Reach out to us for your copyright of computer programmes.