Copyright Protection of Software And Copyright Notice: Why Is It Important?

Last Updated at: July 03, 2020
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Copyright Protection Of Software And Copyright Notice: Why Is It Important?

Patent, trademark, and copyright are some common words we hear in our day-to-day lives while purchasing any products or even on the web. Often, people misinterpret and confuse these words. But they are all different and serve specific purposes. The copyright, patent, and trademark definition helps in distinguishing among the three. These have their registration and application procedures. Let us see the differences among them and know why you should go for the Copyright Protection of software. 

  1. Copyright vs patent vs trademark definition

  2. Software patent or copyright

  3. Benefits of copyright registration for software protection

  4. Copyright notice

Copyright vs patent vs trademark definition

  • The copyright, in simple terms, is the provision of legal rights for the ‘work of authorship’, or protection of the work from infringement by others. The government grants the copyright for literary and creative works provided in a tangible form. The validity of copyright varies in every country. However, according to the Berne Convention, the validity is for life plus 50, i.e., the lifetime of the owner and 50 years after their death. After this, the work goes under the public domain and is free from copyright infringement and protection. 
  • The patent is the provision of rights for an invention or a unique idea. Unlike copyright, which just protects the expression of the work, patents even protect the idea of the innovation. The validity of the patent application is just for a term of 20 years. Also, the government does not provide patent protection easily, and you have to apply for it. While the copyright is granted to the individuals automatically if their work is original and presented in a tangible form.
  • According to the trademark definition, it is the unique symbol, logo, or sign that distinguishes one brand from the other. It differs completely from patent and copyright as it does not involve the protection of any ideas or expression. Additionally, it is valid for a term of 10 years after its registration. Once expired, you can easily renew it from the trademark registry, unlike patents and copyrights, which cannot be renewed.

Software patent or copyright

According to the copyright laws, they classify the software under the literary works and one can get copyright protection for the same. Software is a set of functions written to perform a specific task. Moreover, the base of the immensely growing technology is the introduction of better software and operating systems. Further, if you plan to develop a software or have already developed one, copyright is the most important legal protection for it in the present day scenario. Many times, people cannot choose between software patents or copyright. It is quite difficult to get a software patent application and rather it is only possible for the embedded software work. However, in India, it is not possible to get a software patent. Additionally, this leaves the individual with copyright as the viable option among the software patent or copyright

Benefits of copyright registration for software protection

To protect your software for copyright infringement, it is good to get its registration done. It offers a list of benefits for the software which include:

  • Inexpensive registration: The registration fee for copyright is quite nominal in all countries. While registering, it is important to submit the following elements:
    • Application form
    • Registration fee
    • Copy of a part of the source code and object code
  • It offers protection of the structure, organization, and sequence of the software. Additionally, It is not just the code, but the elements are also copyrightable.
  • Moreover, it grants significant rights and remedies in case of copyright infringement. This allows the owner to claim legal actions against infringement and software piracy.
  • Further, the copyright grants the owner with rights and license agreements for their original work. 

Copyright your work right now

Copyright notice

If you want to protect your work legally in the best way, it is a suitable option to use copyright notice. Although it is not mandatory, it allows declaring that the work is yours, and hence, you can claim the work for legal actions for infringement. Moreover, a copyright statement is just a brief line that declares ownership of the work. The elements of the copyright notice must include:

  • Copyright symbol
  • Date
  • Author’s name
  • Statement of rights. E.g., ‘All Rights Reserved’. There are three types of rights which include:
    • All rights reserved
    • Some rights reserved
    • No rights reserved

You can find the copyright notice in almost all the websites, applications, and other digital platforms. 

Conclusion

In the present days, the copyright is the easiest and most sorted option to claim legal rights on your original work. However, it is important to know that copyright does not protect the idea, and it just protects the expression of the work presented in a tangible form, unlike the patent application. Considering the list of benefits, you can easily get the copyright protection of the software with the copyright office.

 

 

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Copyright Protection of Software And Copyright Notice: Why Is It Important?

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Patent, trademark, and copyright are some common words we hear in our day-to-day lives while purchasing any products or even on the web. Often, people misinterpret and confuse these words. But they are all different and serve specific purposes. The copyright, patent, and trademark definition helps in distinguishing among the three. These have their registration and application procedures. Let us see the differences among them and know why you should go for the Copyright Protection of software. 

  1. Copyright vs patent vs trademark definition

  2. Software patent or copyright

  3. Benefits of copyright registration for software protection

  4. Copyright notice

Copyright vs patent vs trademark definition

  • The copyright, in simple terms, is the provision of legal rights for the ‘work of authorship’, or protection of the work from infringement by others. The government grants the copyright for literary and creative works provided in a tangible form. The validity of copyright varies in every country. However, according to the Berne Convention, the validity is for life plus 50, i.e., the lifetime of the owner and 50 years after their death. After this, the work goes under the public domain and is free from copyright infringement and protection. 
  • The patent is the provision of rights for an invention or a unique idea. Unlike copyright, which just protects the expression of the work, patents even protect the idea of the innovation. The validity of the patent application is just for a term of 20 years. Also, the government does not provide patent protection easily, and you have to apply for it. While the copyright is granted to the individuals automatically if their work is original and presented in a tangible form.
  • According to the trademark definition, it is the unique symbol, logo, or sign that distinguishes one brand from the other. It differs completely from patent and copyright as it does not involve the protection of any ideas or expression. Additionally, it is valid for a term of 10 years after its registration. Once expired, you can easily renew it from the trademark registry, unlike patents and copyrights, which cannot be renewed.

Software patent or copyright

According to the copyright laws, they classify the software under the literary works and one can get copyright protection for the same. Software is a set of functions written to perform a specific task. Moreover, the base of the immensely growing technology is the introduction of better software and operating systems. Further, if you plan to develop a software or have already developed one, copyright is the most important legal protection for it in the present day scenario. Many times, people cannot choose between software patents or copyright. It is quite difficult to get a software patent application and rather it is only possible for the embedded software work. However, in India, it is not possible to get a software patent. Additionally, this leaves the individual with copyright as the viable option among the software patent or copyright

Benefits of copyright registration for software protection

To protect your software for copyright infringement, it is good to get its registration done. It offers a list of benefits for the software which include:

  • Inexpensive registration: The registration fee for copyright is quite nominal in all countries. While registering, it is important to submit the following elements:
    • Application form
    • Registration fee
    • Copy of a part of the source code and object code
  • It offers protection of the structure, organization, and sequence of the software. Additionally, It is not just the code, but the elements are also copyrightable.
  • Moreover, it grants significant rights and remedies in case of copyright infringement. This allows the owner to claim legal actions against infringement and software piracy.
  • Further, the copyright grants the owner with rights and license agreements for their original work. 

Copyright your work right now

Copyright notice

If you want to protect your work legally in the best way, it is a suitable option to use copyright notice. Although it is not mandatory, it allows declaring that the work is yours, and hence, you can claim the work for legal actions for infringement. Moreover, a copyright statement is just a brief line that declares ownership of the work. The elements of the copyright notice must include:

  • Copyright symbol
  • Date
  • Author’s name
  • Statement of rights. E.g., ‘All Rights Reserved’. There are three types of rights which include:
    • All rights reserved
    • Some rights reserved
    • No rights reserved

You can find the copyright notice in almost all the websites, applications, and other digital platforms. 

Conclusion

In the present days, the copyright is the easiest and most sorted option to claim legal rights on your original work. However, it is important to know that copyright does not protect the idea, and it just protects the expression of the work presented in a tangible form, unlike the patent application. Considering the list of benefits, you can easily get the copyright protection of the software with the copyright office.

 

 

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