We all know that a copyright protects the expression of an idea and not the idea itself. So does the protection extend to algorithms and software as well? Keep reading to find out.
A copyright is an intellectual property right similar to trademarks and patents. It safeguards the rights of creators over their creations. It is the legal right to print, utilize, publish, perform, or record assigned exclusively to the originator of creative work. Know how to Copyright A Software or Algorithm in India in this article.
Copyrights Are Divided into 6 Distinct Categories:-
- Literary works other than computer programs
- Musical works
- Artistic works
- Cinematography films
- Sound Recording Copyright
- Computer programs, tables, & compilations
- The general rule is that a copyright is valid for a period of 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60-year period begins the year after the creator’s death.
How Can You Copyright a Software or Algorithm?
Algorithms are a set of well-defined, computer-implementable instructions used to solve a set of problems or execute a calculation. In simple terms, an algorithm is a collection of instructions for completing a task or solving a problem.
Algorithms are used to Public Performing Rights in computations, calculations, data processing, automated reasoning, and other complex tasks.
Copyright law: Copyright Registrationas well as outside India, does not protect the functional aspects of a computer program, such as the program’s algorithms, logic, formatting, functions, and system design. Therefore, you cannot register an algorithm under law.
This is because if any other programmer has developed a different program but carried out the same steps given in your algorithm, it cannot be said that the programmer has infringed your algorithm copyright.
However, if the programmer converts the algorithm into a source code, in that situation he can apply for a copyright. Moreover, this is because a source code is recognized as ‘‘Copyright Literary Work India‘ and can be protected under Copyright laws in India, domestically and internationally.
How Can You Patent an Algorithm?
A patent is a legal right to an invention bestowed on a patentee by the government. It is valid for a period of 20 years.
An algorithm falls under the non-patentable categories of inventions as per Sections 3 and 4 of the Patents Act of 1970.
According to the Patents Act, even though an invention satisfies the condition of being a valid patent such as novelty, inventiveness, and usefulness, it is not qualified for a patent right if it is a mathematical or business method or a computer program per se or algorithms.
Thus, it is clear that it is not possible to patent an algorithm in India.
How Can You Watermark an Algorithm?
While you cannot copyright algorithms, you can watermark them to protect yourself from illegal reproduction.
A digital watermark is a kind of marker covertly embedded by the source to help identify ownership of the data. Watermarking is an effective way to protect digital data.
Likewise, there are various techniques, such as producing watermarked images with high invisibility which can be used to protect an algorithm One such technique is the wavelet-based contourlet transform (WBCT).
Invisible watermarking and robust watermarking have both yielded experimental results that have shown high efficiency in identifying the duplication of algorithms. Further, such watermarks are extremely effective against common attacks such as JPEG compression, rotation, cropping, etc.
How Can a Computer Software Be Copyrighted?
A collection of instructions and data that tells a computer how to function is known as computer software. In India, computer software or program can be registered for copyright.
The Copyright act defines ‘literary work’ as ‘computer programmes, tables, and compilations, including computer databases, as specified in Section 2(o) of the Act. Hence, computer software is explicitly protected in India by the Copyright Act of 1957.
Soft-lifting, harddrive loading, and unauthorised renting are common methods of software piracy. To prevent such unlawful activities from harming your business, Software protection through intellectual property rights is required. Further, a computer software ensures that its creator is fairly compensated. It also ensures the promotion of future creations and ingenuity.
Authorization of Copyright Owner of a Computer Program
- reproduce the work in any material form (such as electronic means)
- issue copies to the public
- sell or offer for sale or give on hire
- make any adaptation or translation.
Creative Methods of Safeguarding Software Copyright
- A computer program that allows you to access a database can be copyrighted
- A graphical UI is an artistic work and its animate graphical sequences can be Copyright in Cinematographic Films India
- The music accompanying gaming software can be protected under law.
Copyrighting computer software is not a walk in the park. There are various tedious intricacies involved in the process. Genuine guidance from the Vakilsearch team can help you to get your software copyrighted in no time. Talk to our experts today!
Frequently Asked Questions (FAQs)
1. Why isn't an algorithm protected by copyright?
Algorithms are the functional aspects of a computer program. An algorithm can not be copyrighted in India because the Copyright Act of 1957 does not protect the functional aspects of a computer program.
2. How can one obtain a software copyright?
Copyrighting software is extremely complex and requires professional expertise. Talk to our experts for step-by-step guidance on the process involved in obtaining software copyright.
3. How do you protect an algorithm?
As an algorithm does not have protection under the Copyright Act, watermarking techniques can be used to protect an algorithm.
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