How to get Copyright Registration for Software in India?

Copyright Registration for Software in India
Karan Singh
| Updated: Mar 18, 2021 | Category: Copyright

In the past days, many people made a mistake by not getting Copyright Registration for Software, and anyone can easily copy their ideas or innovations. So to protect your work, you need to do Copyright Registration for your piece of work. In India, the IT sector is rapidly growing year by year, making it necessary to safeguard your original work or software. Many programmers, coders or developers get cheated whether they find software similar or identical to what they developed. But now you don’t need to worry; the Copyright registration for Software laws has gained the protection of the creator’s original works. Scroll down to check more information regarding Copyright Registration for Software in India.

Meaning of Copyright Protection – An Overview

The Copyright term is defined as the legal right for the “Work of Authorship”. The copyright protects the literary work, creative work, and artistic works available in a tangible form. Usually, a Copyright Registration in India serves a validity period of 50 years. The Patent safeguards the invention and unique innovation idea, whereas the copyright provides coverage to the work expression.

Software Copyright Protection

According to Copyright Law, the software is categorized under literary work. It is a set of commands used to perform a particular task. The Copyright Registration for Software stops unofficial access to the software by any individual or any third-party companies. Furthermore, if you want to develop software, you probably want to protect it against copyright infringement. Following are some IP rights granted under the software copyright:

  • Right to store the work or even reproduce the work;
  • Right to display the software;
  • Right to sell or rent the work for the required purpose;
  • Right to translate the work in any format;
  • Right of issuing work copies to the public;
  • Formation of adaptation of the work.

What is the Eligibility Criteria for Copyright Registration for Software in India?

To obtain a Copyright Registration for Software in India, you need to fulfil all the criteria mentioned below:

  • The work of software should be unique or original, and it should come out from the creator’s intelligence and skills.
  • Before publishing the software in other countries, the creator inventor must publish the same first in India. In case the original creator publishes the software in other nation, then for the copyright, the creator should be an Indian resident.
  • A program that can create only tables and algorithms are not eligible for Copyright Registration in India.
  • The Government of India issues the Copyright certificate under the Copyright Act, 1957. But some technical effect in the software, the government provides the Patent for the software under the Indian Patent Act, 1970.

Essential Documents Required for Software Copyright Registration in India

Following is the list of all the vital documents required at the time of Copyright Registration for Software in India:

  • Submit any identity proof of the applicant such as Aadhar Card, Voter Id, Passport, Driving License, PAN Card, etc.
  • Applicant’s nationality proof.
  • Submit any address proof of the applicant, such as the latest utility bills.
  • Submit copies of the work submitted.
  • Publication date for work.
  • Work description.

Procedure of Copyright Registration for Software in India

For all the coders or developers, now you can get the copyright registration for software in India under the Copyright Act, 1957. However, it’s a little bit complex and a time-consuming procedure; it’s always advised to have legal guidance. To obtain software copyright registration, you need to follow the steps mentioned below:

  • Applying: For software copyright registration, you need to file an application form and submit the application for the software copyright along with the application; it is compulsory to provide the “Source Code”. The source code remains private always, while the authority makes the object code for the public.
  • Diary Number: Once you submit the application along with the source code, they publish the source code in the diary. For thirty days, the authorities make the code noticeable to the public. In case, if no objection is made, then the procedure for Software Copyright Registration continues. But if any person or individual objects, then the creator has to face a copyright hearing.
  • Examination: If the application accepted, the examiner checks the application for mistakes or errors. In case of any differences, they send a Letter of Discrepancy to the creator. If there are no errors in the application, the application is passed.
  • Approval for Registration: The important step is getting approval from the Registrar. They can reject or accept the application. In case the Registrar rejects the application, you need to start the complete procedure again. But if the Registrar accepts the application, you will receive a notification from the authorities. They provide the Copyright notice on the work copies through the copyright symbol ©.

Conclusion

It is cleared that it is vital to get Software Copyright Registration to protect your work or software, but before you have to ensure, you must fulfil all the criteria to carry out the registration process easy and fast. If any individual copies the software, then they will have to face severe penalties. Since copying anything is common in India, there are possibilities that your software or work won’t remain secure for long from infringement, and that’s why copyright of work has become so important in India. Apart from safeguarding your products from infringement, it also improves its brand existence over a while.

Also, Read: How Can You Copyright a Song in India?

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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