Computer Software and copyright

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Computer Software and copyright

Computer software is valuable, but easy to copy, pirate and crack. Hence we need to look at what kind of protection the law provides against the unauthorised copying and against piracy. The Copyright Act 1957 (India) as it applies to computer programs.

What is Copyright?

Copyright is a bundle of rights given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

Copyright in respect of computer program is:

U/S14"copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely

1. to reproduce the work in any material form including the storing of it in any medium by electronic means,
2. to issue copies of the work to the public not being copies already in circulation,
3. to perform the work in public, or communicate it to the public,
4. to make any cinematograph film or sound recording in respect of the work,
5. to make any translation of the work
6. to make any adaptation of the work
7. to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub clauses 1 to 6.
8. to sell or give on hire, or offer for sale or hire, any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasion.

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computer programmemeans set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular results.

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An individual author who writes a programme is the owner of copyright.

When an employee works under an employer and develops a software then the employer will be the owner of the copyright unless there is any agreement to the contrary.

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Copyright subsists in all original published or unpublished computer programmes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.

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

Eg : © Parvati Omanakuttan 2008

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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.

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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.