Copright act

Querist : Anonymous (Querist) 20 October 2009 This query is : Resolved
We get one software developed from some private company and in the LOI it was written that this would be a one time licence fee.there was no mention of copyright any where at that time.
now we want to have enhancements/additions to that software from some other company.
is this the infringement of copyright act.and in this case what we can do if we do not want to engage that original person ?.

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Raj Kumar Makkad (Expert) 21 October 2009
If LOI contains any specific term not to leave the original developer for a certain period or any term of revoking the LOI or some other term to rescind it then it is better to follow it otherwise it doesn't come within the ambit of copyright if you change developer and insert additions/corrections/enhancement etc. as per your desire keeping in view the circumstances mentioned by you.

J K Agrawal (Expert) 21 October 2009
The developer of software has no right over the property of programme and you are free to move and engage another one. even if contrary agreement is therem, he can not do any thing much harmful as any agreement restraining business is not enforceable. In case of any actual damage to him he can ask for damages after following a long legal procedure. So do not worry.

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