The Copyright Office of the DPIIT (Department for Promotion of Industry and Internal Trade) has invited suggestions to amend the Copyright Act before November 30, 2020. Last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. The DPIIT said this step was taken to ensure smooth compliance of the Copyright Act in view of the technological advancement in the present digital era.
Did you just complete a splendid piece of literary art and it is ready for the people to view? Well, that’s an achievement. Isn’t it? But wait, before making it public, did you complete its Software Copyright registration? In earlier days, a lot of individuals made this mistake. This led to the copying of their ideas. To protect your work, you can do the copyright registration for your piece of work. The IT sector is growing tremendously, making it important to protect the original works. Many of the software engineers get cheated when they find a program similar to what they made. But you need not worry. The copyright registration of software laws has increased the security of the original works.
- What is copyright?
- Eligibility criteria for software copyright
- Rights provided to the author with the software copyright
- Registration procedure for the copyright of software
- Documents required for software copyright registration
What is Copyright?
Copyright, in simple terms, is the protection of your intellectual property. It provides the monopoly of original rights to the individual. The works for copyright include art, literature, cinematography, music, computer software among several others. The Copyright Act, 1957, provides the copyright for software. Along with this, it also grants infringement, registration, and rights for the software. Additionally, you can get the copyright for a computer program in any tangible form. Moreover, you can do this through a mobile or computer by consolidating it in a magnetic disk, ROM, or even paper. However, not everyone can get the copyright. One has to fulfil the eligibility criteria to obtain it.
Eligibility Criteria for Software Copyright
To be eligible for the software copyright, the individuals need to fulfil the criteria:
- The work must be original, and it should result from the creator’s skills and knowledge.
- A program that can create only algorithms and tables is not eligible for the software copyright.
- The creator must publish the software first in India, before publishing it in any other country. In case, the creator publishes in some other country, then for the copyright, the creator must be a citizen of India.
- The government grants the copyright under the Copyright Act 1957. But with any technical effect in the software, the government provides the patent for the same under the Indian Patent Act, 1970.
Rights Provided to the Author with the Software Copyright
The intellectual property rights granted under the software copyright include:
- The right to store the work in any electric method or even reproduce the work.
- Right of issuing copies of the work to the public.
- Right of displaying the software.
- Translation of the work in any format.
- Creation of adaptation of the work.
- Selling or renting the work for the required purposes.
In case a group of individuals creates the software, the government grants all these rights to all of them.
Registration Procedure for the Copyright of Software
For all those software enthusiasts and masterminds worried about protecting their original works, you need not worry. You can do the copyright registration for the software under the Copyright Act, 1957. However, as it is a little bit complicated and a time-consuming process, it’s always good to have legal guidance. We at Vakilsearch hold immense knowledge and expertise in getting for the software licenses.
Why not have a look at the government procedure of Copyright registration for Software
Applying: Submit the application for the software. Along with the application, it is mandatory to provide the ‘Source Code’. The source code remains confidential always. While the authorities make the object code public.
Diary number
After the filing of the application, they publish the source code in the diary.
A thirty-day period
For 30 days, the authorities make the code visible to the public. In case, no one opposes or makes objections, then the procedure continues. However, if any person objects, then the author has to face copyright hearing.
Examination of the application
If accepted, the examiner checks the application for errors. In case of any discrepancies, they send a Letter of Discrepancy to the author. However, if there are no errors, the application is passed.
Registration approval
The ultimate step is getting approval from the registrar. They can either accept or decline the application. In case the registrar declines the application, then you need to carry out the whole procedure again. However, if accepted, you will get a notification from the authorities. Moreover, they provide the copyright notice on the copies of the work through the © (copyright) symbol.
Documents required for Software Copyright Registration
You need to submit the following documents for the software copyright registration:
- Proof of name
- Nationality proof of the applicant
- Work description
- Address proof
- Copies of the work submitted
- The publication date for work
Conclusion
To summarise, it is essential to get the copyright registration for protecting your intellectual property. Make sure you fulfil the eligibility criteria to carry out the registration process easily and quickly. In case, any individual copies the software, then they will have to face dire consequences.
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