Copyright Protection for Software – A Complete Guide

Copyright, Trademark, and Patent are distinctive terms that we often come across while purchasing any product or availing of any services. Frequently, people confuse these terms because they all sound quite the same. All these terms bear almost no similarity to each other since they serve different objectives. The Copyright, Trademark, and Patent safeguard the intangible and tangible assets that are more likely to attract commercial value for the organisation or an individual. In this write-up, we will shed some light on the Copyright Protection for Software and explain why it holds extraordinary value for an individual or an organisation.

Copyright Protection – An Overview

In layman terms, the Copyright is mentioned as the lawful right for the “Work of Authorship”. The Copyright safeguards the literary & creative work available in a tangible form. Typically, a Copyright Registration in India serves a validity time of fifty years.

The Patent furnishes the right to safeguard the invention & distinctive idea. Unlike Copyright, which delivers coverage to the expression of work, Patent protects the novelty idea and. The Patent usually remains valid for twenty years. The Government only permits a Patent to a tangible asset that stick to the distinctiveness and manifest innovation. Getting a Patent is a costly and time-taken process.

A person usually avails Trademark Registration for safeguarding the sign, logo, and symbol that differentiates the particular brand from its counterpart. Remember that the Trademark does not provide any protection to idea or expression, unlike Patent or Copyright. It serves the validity period, i.e. ten years. After expiration, the applicant can renew it through the Trademark Register. On the other hand, the Copyrights and Patents are non-renewal in nature; that is, they cannot be renewed once they expired.

What is the Meaning of Copyright Protection for Software?

According to the Copyright Law^[1], the software is categorised under literary work. It is a set of instructions used to perform a particular task. The Copyright Protection for software prevents illegal access to the software by any of the third-party companies. Moreover, if you plan to improve software, you probably wish to protect it against the potential infringement act Copyright Registration. Since it is relatively stiffer to get the Patent for the software, the Copyright is something that you can consider in the first place. It will protect your work and keep the violator at the bay unit it remains valid.

Benefit of Copyright Protection for Software

Inexpensive Registration

The candidate requires paying nominal charges for the Copyright Registration in India. To obtain the Copyright Registration, the candidate requires providing the following elements to the authority.

• Application form along with the Copyright Registration fee;
• Copy of source code of the software.

It provides the Copyright Protection for Software by permitting major rights in case of violation. This empowers the person to take legal action against the defaulters accused of copying the software. Further, the Copyright grants the legal rights to the proprietor for their original work.

Copyright Notice – Copyright Protection for Software

If you desire to ensure inclusive protection for your work against violation, then look no further than Copyright Registration. Though it is not mandatory, registration is a feasible option for protecting the product from possible violation act. Moreover, Copyright Registration is a declaration concerning work ownership. The Copyright notice should enclose the following information:

• Author Name;
• Date;
• Statement of Right;
• Copyright Symbol.

How is Software Violation done?

There are examples when people take ideas and even the program without the owner’s approval. This is mentioned as software piracy. The following list encloses the forms of software piracy.

• Internet Piracy: It occurs when the defaulters place the computer’s program over a website with a lower price take or for free.
• End-User Privacy: It takes place when an individual reproduces the unlicensed copies of the computer’s program for its operation.
• Software Counterfeiting: It means the illegal replication of the computer’s program. They bear an uncanny similarity to the actual ones.
• Hard–disk Loading: It is mentioned as a pre-installation of unlicensed copies on the computer prior to the sale. Such personal computers are being sold without legit documentation.

Important Note – Copyright Protection for Software

Copyright is something that you cannot afford to ignore if your software is distinctive and productive in nature. The common violation act has forced many companies to invest heavily in the encryption part to protect their software. Since it’s been disconnecting the profit margin, they left no other option than legally protecting their software against replication.

Also, such efforts cannot ensure full-proof protection of the computer program. This is where Copyright comes into mind. It empowers the person to safeguard their product against duplication and other malpractices lawfully. Overall, Copyright should have the necessity of those who transform unique ideas into the tangible form or for those who improve unique ideas or constant basis.

Conclusion

In this present condition, Copyright is the most sorted option to protect the actual work from illegal access. It also delivers an authorised ground for the owner to prepare a reply against the defaulters accused of contravention of the law. It is essential to note that Copyright does not deliver any protection to the idea, unlike Patent application.

In India, duplicity is quite common; the chances are that your product won’t remain protected for a long time from possible violation, and that is where the Copyright comes into mind. Apart from this, safeguarding your product from possible replication or duplicity also improvises its brand presence of product over the course of time.

Read our article:What Are The Responsibilities of Software Copyright?