Posted by: Gomzy | February 24, 2007

Copyright on Computer Software

Sec 2(ffc): “Computer Programme” means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result;

Sec 13: States that the copyright subsists on original literary, dramatic, musical and artistic works among others, no mention of computer software. That is merely because you have coded something you can not claim copyright on it. You have to register it. On the BSA site they say that Computer software is treated as Literary work and copyright subsists.

Sec 14 (b): Defines the meaning of copyright on computer software – where it states that to do or to authorize to reproduce, issue copies, to sell or give on commercial rental among others.

Sec 16: No copy right except as provided under the Indian Copyright Act.

Sec 51: Defines the copyright infringement as any person without a licence granted by the owner of the copyright or the Registrar of Copyrights does anything (refer Sec 14) and makes for sale, distributes, sell, rents etc.

Sec 52(aa): Certain acts are not infringement of copyright: the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy-

· In order to utilise the computer programme for the purposes for which it was supplied.

· To make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied.

· The doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available.

· The observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied.

· The making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use.

Sec 63: Provides that a person who knowingly infringes shall be punishable with imprisonment for a term of six months and with fine of fifty thousand rupees. Further provided that where infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment impose impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Sec 63B: Provides that where a person uses a infringing copy of a computer program shall be punishable with jail term of 7 days to 3 years and fine of 50K to 200K.

More to Munch on:

Study on Copyright Piracy in India

BSA – Piracy and the Law



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