A copyright is the right over an original piece of work that is created by an individual. Copyrights let the owner reproduce, perform, distribute, and display their work. In order to do this, the original creator who obtains rights to work must register copyright.
The right of the owner of property is thought as copyright. Simply put, copyright refers to the power to duplicate. this implies that only the initial producers of things, yet as anybody they supply permission to, have the only real right to duplicate the work. For a collection period of your time, copyright law grants authors of creative work the right to use and duplicate that material, after which the copyrighted item becomes property right.
In case of a copyrighted work, creative works can include literature, music, art, photography, film or even a computer program or game. Copyrights have a single symbol, i.e., ©. The symbol are often placed on the first piece of labor that has been created.
Software Copyright
The Copyright Act of 1957 has provisions that protect computer software.
Section 2(o) of the act states that ‘literary work’ that includes computer programs, databases, can be obtained by the developer by storing the program on a medium including a hard disk or a digital storage device
Source Code and Object Code
Source code is defined as the original code of a computer program. They are usually read and deciphered by software engineers and computer experts.
Meanwhile, object codes are programs in binary form – basically a sequence of zeroes and ones that isn’t understood by humans. Binary code is converted to source code for humans to understand.
A person can protect his software work from being reproduced, copied or translated or adapted.
According to Section 2 (O) of the Indian Copyright Act, 1957, your work of software coding and programming can be protected from imitation, copying, translating, or adaptation. It is one of the intellectual properties protected in India.
- In the software, all graphics, audio, video, and coding are protected by the act
- online copyright registration protects the owner’s (of software) economic and moral rights by providing validation, ownership, and royalties for the developed software
- If anyone copies an original work without the owner’s permission, then the Registrar of Copyrights can send a notice of infringement and further legal action is taken against the violator.
What Is Original Software Infringement or Copyright Violation?
Copyright infringement, often known as software piracy, is the unauthorised reproduction of someone’s original work without their consent.
Here are some examples of software infringement:
- Downloading software programs using torrent sites is an example of infringement
- Piracy by end users. In the case of end users using unlicensed software, they are violators
- Dealers sometimes pre-install software on systems even before they are sold. Some dealers use the same license for several systems. Such practices can violate copyrights.
- The most common copyright infringement is the sale of unlawful duplicate copies of software..
There is, however, no evidence that the following activities constitute copyright infringement:
- Owners of software/programs should make backup copies in case of loss or damage
- Creating software copies for personal use only
- To study the information and future scope of the software (intimating owner)
- To test the feasibility and functionality of the software.
In India, what are the legal repercussions for software copyright infringement?
Those who own the software can take legal action if they discover an infringement. The legal remedies include the following :
- Criminal prosecution can be imprisonment up to six months with a minimum fine of Rs 50,000. If you are caught a second time, then the imprisonment period is up to a year, with a Rs 1,00,000 fine. People using violated software can also be punished under the copyright act with minimum imprisonment of seven days and maximum of a year, with a fine of Rs 50,000
- Software and programs that are infringing should be destroyed
- Monetary compensation
Frequently Asked Questions
1. How can I resolve a copyright infringement notice?
In case you get a notice, you can avoid court procedure by settling it in an out of court settlement . Do note that the notice is a legal threat. In case you get the notice, you need to respond appropriately
In case the matter is taken to court, then your documents will be scrutinised by a specially appointed legal authority. In case you’re guilty, then appropriate punishment or criminal prosecution is conducted nction, financial compensation, and criminal prosecution will be conducted. If you’re not guilty, then you can be reimbursed for all the lossed incurred.
2. Do I need to worry about a copyright notice?
No, it is nothing to worry about if you receive a copyright infringement notice. As soon as you receive the notice, educate yourself with the consequences and investigate all the claims made against you. Following this, get a lawyer to defend you in court.
If the matter is taken to court, collect all the documents and proof that defends you.
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