Does computer software and programmes falls under literary work so as to be protected under Copyrights?
N.K.Assumi (Advocate) 13 January 2011
Does computer software and programmes falls under literary work so as to be protected under Copyrights?
phaneendra (Advocate) 14 January 2011
Software, that is computer programs, and games for games consoles are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to adapting a work. Storing any work in a computer amounts to copying the work. In addition, running a computer program or displaying work on a video display unit (VDU) will usually involve copying and thus require the consent of the copyright owner.
Databases may receive copyright protection for the selection and arrangement of the contents. In addition, or instead, database right may exist in a database. This is an automatic right and protects databases against the unauthorised removal and re-use of the contents of the database.
phaneendra (Advocate) 14 January 2011
Software is copyrightable in India, but enforcement is very difficult.
In the United States, computer programs are literary works, under the definition in the Copyright Act
Mallik Karra (Done with AIBE) 14 January 2011
Yes, they are all protected under copyright act, 1957
Amit patel (Programmer) 21 January 2011
Is registration for copyright of a software mandatory in India? Or we get the automatic copyright of software when we make them (like in US) & its better to get it registered for better evidence in the court, but it's optional?
Registration of a Computer software under the Copyright Act is not mandatory in India. However, it is recommended as prima facie proof of Copyright ownership and assists in speedy and effective remedy in case of copyright infringement as under the Copyright Act, 1957, police has wide powers to take quick action against infringement.
Reetu Dwivedi (Paralegal) 18 February 2011
yes
Nagaraja B S (Corporate Commercial & IP Lawyer) 07 March 2011
Yes it can be registered. Copyright registration is not compulsory. However, it would be easy to claim ownership, if it is registered.
Thanks
Nagaraj
Trademark Attorney & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
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