WHAT IS COPYRIGHT?
Copyright
is a Legal protection which will give exclusive ownership rights and control over
the brain creations like lyrics, scripts, musical notes, stories, sound
recording, artistic works and cinematographic work, etc.
HOW TO PROTECT
SOFTWARE?
Nevertheless
Computer
Software or programme can also be registered as a ‘literary work’ (As per Section 2 (o)
of the Copyright Act, 1957) which includes
computer programmes, tables and compilations, including computer databases.
‘Source Code’ and “Object Code” have also to be supplied along with the
application for registration of copyright for software products.
The
written
software code can be protected under copyright and design elements
as well as interfaces can also be protected under copyright. This will give
legal right to protect your software from third party exploitation.
Website
usually consists of different rudiments which may be copyrightable subject
matter that falls within any one of the classes of works set forth in Section
13 of Copyright Act, 1957. The component parts of website can be in different
form of digital files such as text, tables, computer programmes, compilations
including computer databases (“literary works”); photographs, paintings,
diagram, map, chart or plan (“artistic works”); works consisting of music and
including graphical notation of such work (“musical works”); “sound recordings”
and “cinematograph films”.
An App is a complete,
self-contained computer program that is designed to perform specific tasks.
Usually called 'Apps' for short, application programs are the most familiar
forms of software and come in a very wide variety of types may
also be registered as a computer program under literary works as provided under
Section 2(o) of the Copyright Act, 1957. For this purpose applicant is required
to submit an application for registration under software category, accompanied
by the source and object code as provided under Rule 70 (5) of the Copyright
Rules 2013.
It
is important to note that the registration will cover any screen displays
generated by that program, provided that the computer program (code) generating
the screen display is as submitted. Mere snapshots of screen displays of an app
are not eligible for copyright protection.
GOVERNING TREATIES:
Copyright
protection is formality-free in countries party to the Berne Convention for the Protection of Literary and Artistic
Works (the Berne Convention), which means that protection does not depend on
compliance with any formalities such as registration or deposit of copies.
Copyright protection of computer software is established in most countries and
harmonized by international treaties to that effect.
VALIDITY OF
REGISTRATION :
You
can enjoy exclusive ownership rights over your products for 60+ years.
COMMERCIALIZATION
:
You
can sell or assign your product for lump-sum amount
You
can rent or license your product for lump-sum amount
CONCLUSION
: We have abundance of opportunities under IPR to protect our Intellect. Let’s
make full use of those opportunities thereby preventing others by copying our
own creations.
Shanthilekshmi,
Le Intelligensia law Fimr
http://leintelligensia.com/
+91 9941993399
+91 9941993399
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