Computer Software

– The Copyright Act, 1957.
– International Copyright Order, 1999, as amended.
– The Copyright (Amendment) Act, 2012, in force as of June 21, 2012.
– The Copyright Rules, 2013, in force as of March 14, 2013.

Membership in International Conventions

– Berne Convention for the Protection of Literary and Artistic Works, Paris Act.
– Universal Copyright Convention.
– WTO’s TRIPS Agreement.

Protection

Foreign works” first published/registered in a country which is a member of either of the above-mentioned Conventions/Agreements are accorded the same protection in India as Indian works without undergoing any formalities. However, the benefits and tenure granted to such foreign works cannot exceed those available to the said work in its home country, and also provided that such home country accords “national treatment” to Indian works (i.e. the criterion of reciprocity). Therefore, the owner of a foreign work can claim protection of his copyright in India. Definition: under the Copyright Act 1957, “computer program” means a 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 result. Filing: registration of copyright is not compulsory either for acquiring copyright. Notwithstanding, the Register of Copyrights shall be prima facie evidence of the particulars entered therein, and its certified extracts are admissible in evidence in all courts without further proof or production of the original. In enforcement actions, courts often rely upon the registration certificate to reach a finding on copyright infringement. Ownership: the author is the first owner of the copyright. In the course of employment by an employer, the employer is the first owner of copyright. Infringement: copyright in a computer program is deemed to be infringed when a person, not being the owner or a person licensed by the owner or the Registrar of Copyrights under the Copyright Act, 1957 or in contravention of the license so granted or condition imposed, does anything that is otherwise the exclusive right of the owner. The Copyright Act also contains acts that do not constitute infringement. Knowing use of infringing copies of a computer program is an offense and punishable with imprisonment and fine. Exception to infringement: making copies of the software to utilize it for the purpose for which it was supplied; making backup copies; decompiling the software for interoperability purpose; observation, study or test of functioning of the program to determine the ideas and principles; making copies or adaptation for non-commercial personal use. Duration: copyright subsists in a computer program published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies. In the case of a work made or published in a Berne Convention Country or a Universal Copyright Convention Country, the term enjoyed by it in that country, and if made or published in several of the Convention countries simultaneously, the country whose laws grant the shortest term of copyright to that work.