How to Copyright a Computer Program in India?

Introduction

  • Copyright is the authorised protection to the makers and inventors of literary, artistic, dramatic and musical works by the law. It also includes protection for sound recordings and cinematographic films. In simple words, Copyright is the right for reproducing, adapting and translating one’s work. 
  • As the computer program or software consists of a set of instructions, it falls under the category of literary work. According to The Indian Copyright Act, 1957, section 2 (O), one can register computer programs, software, mobile applications for Copyrights. 

Benefits of Copyrights of a Computer program

  • It gives the legal ownership of the program, software that you have developed.
  • It helps the programmer to take legal action against infringement.
  • By registering for copyrights, you can get royalties for your programmes and earn profits.
  • It provides validity to your programmes, software if it is registered within a period.
  • You can openly exhibit your work after completing the copyright registration process.

How to Copyright a computer program/software in India?

  • Online and offline processes are available to apply for the registration of the Copyright. 
  • The applicant needs to submit the application form along with a few mandatory documents.
  • The application form is available on the official website, http://copyright.gov.in/ to download. 
  • After furnishing the form, you need to send it along with the documents and DD/IPO of the processing fees on the below-mentioned address,

Copyright Division

Department for Promotion of Industry and Internal Trade

Ministry of Commerce and Industry

Boudhik Sampada Bhawan

Plot No 32, Sector 14,

Dwaraka, New Delhi- 110078

Online procedure

  • Go to the website http://copyright.gov.in/.
  • Create a valid user ID and password to log in and register the ID on the website. Note down the user ID and password for the future login.
  • After you log in, click “online Copyright Registration”.
  • Follow the steps to fill the application form,
  • Fill the Form XIV→ press “Save” to save the furnished details → press “Step 2” to proceed further.
  • Scan your signature. The file size should be less than 512 KB. Upload the file.
  • Furnish details in the “Statement of Particulars” section → click “Save” button to secure the furnished information→ click “Step 3/4″.
  • Fill up “Statement of Further Particulars”. This form is for Literary work (computer software, programmes) → again “Save” the furnished details → click “Step 4.”
  • Make the payment using convenient online transaction mode.
  • After successful submission of the form, you will get a system generated Diary Number. Note the number for future references.
  • The computer program work should be uploaded in Pdf format. The file size should be less than 5 KB.
  • You will get an “Acknowledgement Slip” and a copy of filled “Copyright Registration Form” after successfully updating all the documents and computer program/ software.
  • You will need to send a hard copy of “Acknowledgement Slip” and “Copyright Registration Form” by post to the address mentioned above.  

Documents required to submit with the form

  1. 2 copies of computer program/software developed
  2. DD/ IPO of processing fees per program 
  3. NOC from programmer/developer if the applicant is other than the programmer.
  4. Duly signed (by applicant) and accepted (by Attorney) Power of Attorney, if the applicant is processing with the help of Attorney.

FAQs

1] How long does it take to get a copyright certificate in India?

  • You will need to wait for 30 days after receiving the diary number. This period Is mandatory to wait for the objection raised against your submitted work. 
  • Also, during this period, reviewers review your work thoroughly. 
  • In case, any objection arises, the Registrar of Copyrights allows objecting the claim. After hearing both parties, the Registrar’s verdict decides about the registration of Copyright of computer program or software.
  • If there is no objection for your program within 30 days and if there is any discrepancy in your program, then again 45 days are allotted to rectify.
  • Considering the procedure, it takes 2 to 3 months duration for the registration of Copyright of computer program or software.  

2] How much does copyright cost in India?

  • For the literary work, i.e. computer programs/ software, the application fee is of Rs 500 per work. 
  • The fee is non-refundable in case of rejection of the application.
  • The modes of payment are
  1. IPO or Bank Demand Draft in favour of “Registrar of Copyrights” payable at “New Delhi”.
  2. By deposit into any Government Treasury office or Any branch of SBI.
  3. You can also pay online using the payment gateway facility on the website.

3] How do you copyright a software code?

  • Software coding is the process of transforming programming into the computer language for further operations. 
  • It can be considered as part of programming. Hence, the procedure remains the same as above for the Copyright of software code.

The online portal “Vakilsearch” helps you in the registration process of Copyright. Reach out to avail the best deals.

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