Computer Software and copyright

[Perfection]

Copyright subsists in all original published or unpublished computer programmes

The copyright in computer programmes made within the lifetime of the author until sixty years from the year in which the author dies.

It is not compulsory to register the copyright in India but it can be a good idea to register. Registration with the registrar of Copyright is helpful in an infringement suit.

[Perfection]

Copyright notice should contain symbol © or the word "Copyright", copyright owners name & year of first publication.

Eg : © Parvati Omanakuttan 2008

[Perfection]

when any person

1. makes for sales or hire, or sells or lets for hire, or by way of trade displays or offers for sales or hire, or

2. distributes either for the purpose of trade or to such an extent as to affect prejudicialy the owner of the copyright, or

3. by way of trade exhibits in public, any infringing copies of the work.

4. Imports into India any infringing copies of the work for the private and domestic use of the importer.

[Perfection]

Courts in India are empowered to grant the following relief

1. Temporary and permanent injunctions
2. Impounding and destruction of all infringing copies, including masters.
3. Imprisonment of the accused or imposition of fine or both.
4. Actual monetary damages plus the infringor's profit.

Any police officer, not below the rank of a sub - inspector, may if he is satisfied that an offence in respect of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work used for the purpose of making infringing copies of the work, wherever found and produce them before a Magistrate as soon as practicable.