In India, computer programs or software are protected by the law of copyright and are covered under literary works within the meaning provided in the provisions of Copyright Law, 1957. The software must be original and the author must have applied some skill and labour, author of the software is entitled for copyright protection of life plus sixty years. Though copyright registration is not mandatory but copyright registration is always advised as it acts as a prima facie evidence in a court of law.
Copyright law protects the source code and object code of software. Neither the functionality of a computer program, nor the programming language nor the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program, and thus are not protected by copyright. Unlike patents, copyright protection extends only to the element of expression of the creativity of its author and not to the ideas behind it, procedures, methods of operation, or mathematical concepts as such and to be more specific, the copyright law can only prevent a particular expression of an idea.
The copyrights owner of software is entitled to reproduce it, to issue copies of it to the public, to make any cinematographic films or sound recording or adaptation or translation of it, and in addition, the right to sell or give on commercial rental or offer for sale or for commercial rental any copy of the software.
A person infringes copyright of another if he commits any act which only the copyright owner has the exclusive right to do. Copyright law provides for civil remedies for copyright infringement in the form of injunction, damages and otherwise. Criminal liability provisions are also provided wherein knowingly or abatement of infringement is unlawful and punishable with imprisonment and fine which may extend to three years and two lakh rupees respectively.
Software as such are not protected under Patent law but Computer Related Inventions are protected, provided that the subject matter of the invention as a whole, i.e. a machine with related software, has a technical character. However, only complete disclosure of the invention in the public domain while applying for a patent will permit its efficient protection.
How can I get Copyright registration for App?
An App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called ‘Apps’ for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
DUCTUS EDGE 