Software has become one of the biggest industries of the modern world. Imagine not being able to stop others from copying the code of the software. Copyright law is what protects software from being copied or misused.
In a broad sense, software or programmes are the set of instructions given to the computer to perform certain operations. The process falls under the category of copyright act literary work.
As per the Indian Copyright Act, 1957, Section 2 (O), you can protect your work of software coding and programming from reproducing, copying, translating, or adapting in order to save from copyright infringement software. It is one of the intellectual properties protected in India.
- All the graphics, audio, videos, and coding used in the software are under the act
- The Indian Copyright Act protects the owner’s (of software) economic and moral rights by providing validation, ownership, and royalties for the developed software
- As per the act if anyone copies the original work without the owner’s permission, then the Registrar of Copyrights has authority to send the notice of infringement and further legal action is taken against the violator.
What Is Copyright Violation or Software Infringement?
Software piracy or copyright violation means infringement of original software. It is nothing but the reproduction or copying of someone’s original work without their consent in an unauthorised manner.
Software Copyright Infringement Examples
Following are the examples of an copyright infringement software:
- Downloading the software or programmes from the internet is a typical example of infringement. Third parties upload the software on the internet for free or at very few charges
- Another example of copyright violation is end-user piracy. The end-users, utilising the unlicensed software on their systems, are violators
- On occasions, the computer dealers pre-install software on the systems even before the sale. Also, some dealers use one synchronization license copy of the software for many systems. This is also a form of copyright infringement
- The sale of illegal duplicate copies of software is the most common violation of copyright.
However, the following activities do not constitute infringement of software copyright:
- Making backup copies by the owner of software/program as a safety measure against loss or damage
- Creating software copies for personal use only
- To study the information and future scope of the software (intimating owner)
- To test the feasibility and functionality of the software.
What are the Legal Remedies for Software Copyright Infringement in India?
If any owner of the software finds out that there has been an infringement, they can take legal action against it. The legal remedies are:
- Permanent or temporary injunctions on the violators
- Destruction of all infringed copies of the software or program
- Monetary compensation
- Criminal prosecution
According to The Indian Copyright Act,1957, the criminal prosecution for violation of software copyright involves imprisonment for six months with a minimum fine of ₹50,000/-. If the violator is found guilty for the second time, the minimum imprisonment is for one year and a fine of ₹1,00,000/-.
The person using the violated software copies is also punishable under the Act. The prosecution with a minimum imprisonment of at least seven days up to three years and a minimum fine of ₹50,000 can be ordered.
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Frequently Asked Questions
1. What happens if I receive a copyright infringement notice?
A) If you get a notice for software infringement you have a chance to avoid the court procedure and try to settle the issue without the intervention of the court B) The notice is to bring the matter to your attention and it acts as a legal threat. If you get the notice, you need to respond appropriately and submit all the details of your software program C) If the matter goes to court, reviewers appointed by the legal authority might scrutinize your documents related to software, codes, and programmes D) If the reviewer finds you guilty then, permanent or temporary injunction, financial compensation, and criminal prosecution will be conducted E) If you have not been found guilty, then you may ask for the reimbursement of court proceeding charges and other monetary repayments for your losses.
2. Should I be worried about a copyright infringement notice?
No, you should not worry if you have received a software copyright infringement notice. The following steps might help you to deal with the situation. A) Don’t ignore the copyright infringement notice B) After receiving the notice, do not immediately call the copyright holder or the legal person appointed by them. It might lead to giving information, details about the issue C) Educate yourself with the consequences of the issue. Don’t panic, but know what is against you D) Investigate all the claims against you E) Prepare yourself or hire someone to defend F) Additionally, collect all the defences and proofs you may need to show that: – Your infringement is valid under fair use. – You had no reason to recognize the copyright. – You have created your program or software code independently – You have permission from the owner – The expiry of limitations of the original work
