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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.
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-
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.
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.
The computer software which is provided should be the original one, that is the only criteria to obtain computer software copyright.
Following are the documents required 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-
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 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-
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.
we , here at BIAT legal LLP, provide you with end to end solutions for copyright of computer software. Our services includes-
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.