Most people think of copyright law as something that protects tangible items like books, music, and artwork. But what about software code? Just because it's not a physical item doesn't mean it shouldn't be protected by copyright law. In fact, software code is the heart of our digital world. Companies invest a tremendous amount of money in developing software. Protecting this investment is necessary. Software code can be protected by copyright in India.
One of the most important things to remember when protecting your software code is that copyright law protects original expressions, not ideas. This means that if someone copies the idea behind your program but none of the actual code, you probably cannot win a copyright infringement lawsuit. However, if they copy some of your actual code then you may have a case against them.
To claim copyright over a work of creation all you have to do is create it, but to be fully protected by copyright law it's important to register your code. Without registration, you can't get access to all of the benefits that come along with copyright protection like statutory damages, lost profits, and attorney fees in an infringement lawsuit.
Can software be protected by copyright in India?
Software code is equated to work of literature in the context of Copyrights in India. If the code is original, it can be protected by copyright in India.
Copyright law is a form of protection that grants the author of an original work exclusive rights to its use, distribution, and reproduction. Copyright law protects tangible items like books, music, and artwork, but it also protects intangible items like software code. The purpose of copyright law is to incentivise creativity by giving the author exclusive rights to their work. This allows the author to make a living from their work and encourages others to create new works.
What kinds of software code can be protected by copyright in India?
All original source code may be copyrighted, the question is whether it meets the requirements for protection under copyright law.
The threshold requirement is that the work must be "fixed in a tangible medium," which means that the code must exist somewhere outside your head. This means that your source code is copyrightable if you've written it down on paper, saved it to disk, or stored it somewhere else.
The second requirement for protection under copyright law is that the expression of the source code must be original. This doesn't mean that your source code has to be novel or unique. Originality simply means that it must not simply be copied from someone else. This is why the threshold requirement for copyright protection is very low.
What kinds of software code are NOT protected by copyright?
Most people think of copyright law as protecting source code, but that is not entirely true. Copyright does not protect most functional elements in your software code, only the creative elements. Copyright only protects the creative aspects of your code, which means that if your source code is copied from another source it will not be infringing on copyright law even though a great deal of work went into its creation.
Procedure to register a software copyright in India
Registering a copyright is a fairly simple process, but it's important to do it correctly in order to be fully protected under copyright law.
The first step is to file a copyright registration form. You can find this form on the Indian Patent Office website. The form requires you to provide information about the work being copyrighted, including the title, author, and date of creation.
The second step is to prepare the source code for submission. This means creating a PDF format of the source code for upload in the registration form. Make sure to include all parts of the source code (up to 10 pages, or all pages if within 20 pages).
The third step is to complete the copyright registration form and upload your source code. Keep in mind that copyright protection only applies to original works, so it's important to have some kind of evidence of authorship.
Finally, you will need to pay the filing fee for registration which is 500 Indian Rupees.
Once the registration is complete, it will be scrutinised for accuracy and completeness. If any of the information provided in the form is incorrect or missing then the registration may be rejected. Also, a minimum period of 30 days is allowed for interested parties to object to the application. If there are objections, both parties are allowed to present their arguments. On the other hand, if the application passes scrutiny and is not objected to, it will be granted a copyright registration. Once it is accepted, your work will be protected by copyright law for 60 years from the date of publication. After the copyright expires you will no longer be protected, but during the time it is active your work cannot be used by anyone without permission.
Conclusion
Copyright law is important for any company that wants to protect its software code. Software code is the heart of our digital world and companies invest a lot in developing it, so they want to make sure they're protected by copyright law.
It's important to remember that copyright law protects original expressions, not ideas. This means that if someone copies your code it may be infringing on your copyright even though they developed the same program. By knowing what kinds of code are copyrightable and which ones aren't, it's easier to protect your software without inhibiting technological advancements.