How to register a Source Code under Copyright in India
~ Kirtisinh Vaghela, Intern, Seth Associates
Keywords- Intellectual property, copyright, registration, source code
The owner of an Intellectual Property is granted legal entitlement towards it, and law protects copyrighted work against its infringement. Source code is protected by Copyright in India. The Registrar of Copyright maintains a register divided into six categories for a specific type of Intellectual Property, which includes:
- Literary works.
- Musical works.
- Cinematography films.
- Sound Recordings.
- Computer Programs, Tables and Compilation: Software, data compilations, and tables are safeguarded by copyright, ensuring the protection of digital innovations.
Ensuring legal ownership of one’s work through copyright registration is crucial for exercise of rights of reproduction, distribution, adaptation and its commercial exploitation. One may control how a copyrighted work is shared with the public, how it is reproduced, and how it is translated or otherwise altered by registering the copyright.
To obtain copyright, following are the key steps:
- File the application with prescribed fee and fill correct particulars , alongwith a copy of source code & object code, and NOC from authors. After 30 days, an examiner will review the application to look for any errors. The registration will move forward and an extract will be given to the registrar for inclusion in the Register of Copyright if no discrepancies are discovered.
- The copyright registration certificate will be issued by the Registrar of Copyrights upon approval of the application. The complete process usually takes two to three months .
- After obtaining copyright registration, one can denote that the work is copyright protected by using the copyright sign (©). This symbol can assist prevent unauthorised use or duplication of your creative work by clearly indicating to others that the work is protected by a copyright.
- Copyright protection usually lasts for the lifetime of the author and an extra sixty years after the author’s death, following copyright registration. This time frame guarantees that the author’s creations will be protected and will benefit their heirs or other designated right holders for a significant amount of time.