Computer Software Copyright

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Computer Software Copyright

A “computer program” is defined as a group of statements or instructions to be used directlyor indirectly by a computer in order to produce aspecific result.

Copyright protection extends to all the copyrightable expression exemplified in the computer program. Copyright protection is not available for ideas, programlogic, algorithms, systems, methods, concepts, or layouts.

According the Copyright Act, 1957, the protection to computer software can be granted as a copyright unless it leads to a technical effect and is not a computer program per se. The computer software which carries a technical snag is patentable under India Patent Act, 1970.  According to the center for interest and society (CIS) the number of software patents granted in India is approx. 200 from the year 1999 till September, 2010.

In order to seek copyright protection, computer software must need to be original and adequate effort and skill must be put into delineating its originality. However a computer program which only generates multiplication tables or algorithms may not serve the level of effort needed for copyright protection.

The Copyright Act gives exclusive right to do or authorize to do any of the following acts:

  • To reproduce the work in any material form including the storing of it in any medium by electronic means;
  • To issue copies of the work to the public not being copies already in circulation;
  • To perform the work in public, or communicate it to the public;
  • To make any cinematographic film or sound recording in respect of the work;
  • To make any translation of the work;
  • To make any adaptation of the work;
  • To do, in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in the above;
  • To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer program. Commercial renting does not apply to computer programs where the program itself is not the essential object of the rental.

According to the section 51 of Copyright Act, the infringement of copyright takes place when a person infringes copyright of another if he unlawfully commits any practice which only the copyright folder has exclusive rights to do.

At Trademark Bazaar, our copyright professionals deliver end-to-end support to individuals and businesses looking to obtain copyright protection on their software product. From filing required application to furnishing important documents, we aspire to become you one-stop avenue for all your copyright-related needs and queries. 

Computer Software Copyright Fees

 

Requirements for Computer Software Copyright
 
  • NOC of the Creator/Person involved in creation of Software.

Computer Software Copyright

No Hidden Cost
 
Govt. Fee Included

INR 3,499 /-

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Process for Computer Software Copyright

 

Step 1
Getting Information
1 Day

 

Step 2
Drafting of Application
2 Days

 

Step 3
Changes & Confirmation
2 Days

Step 4
Filing of Application
3 Days

 

From Our Blog

Frequently Asked Questions

 

What is computer software copyright?

Software copyright refers to the extension of copyright law to machine-legible software. Software copyright is used by Software Developers and proprietary software companies to prevent the unauthorized copying of their software. Free and open source licenses also rely on copyright law to apply their terms.

What intellectual property means in software?

Intellectual property rights form the basis of the software industry. The term refers to a variety of intangible privileges of ownership in a property such as a software program. Each intellectual property “right” is itself a property, a portion of the general ownership pie.

What are the rights given in a software copyright?

In case of computer software, the creator gets the rights to

  • to reproduce the work in any material form including the storing of it in any medium by electronic means;
  • to perform the work in public, or communicate it to the public;
  • to make any cinematographic film or sound recording in respect of the work;
  • to make any translation of the work;
  • to make any adaptation of the work;
  • to do, in relation to a translation or adaptation of the work
  • to sell or give on hire, or offer for sale or hire a copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions. It may be noted that Copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively.
 

Is it necessary to submit supportive documents of the computer program for which Copyright registration is being sought?

Documentation, which generally accompanies the program, is regarded as separate work and for this reason if the same has to be registered, it must be separately registered and not combined with the computer program in a single application.

What notice needs to be placed on computer program copies to seek Copyright protection?

When authority of the Copyright owner publishes a work, a notice of Copyright may be placed on publicly distributed copies. As per the Berne Convention for protection of literary and artistic works, to which India is a signatory, use of Copyright is optional. It is however, a good idea to incorporate a Copyright notice.

Who owns the Copyright in a computer program?

An individual author who creates a program initially is the owner of Copyright. A program developed by several individuals, in which the contribution of one author is not distinct from the contribution of the others i.e. a work of joint authorship, all the individuals are joint authors and own the Copyright jointly.

 

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