COMPUTER SOFTWARE COPYRIGHT

What is Computer Software Copyright?

In India the Copyright Act, 1957 grants protection to original expression and computer software is granted protection as a copyright unless it leads to a technical effect and is not a computer program per se. The computer software which has a technical effect is patentable under India Patent Act, 1970. Generally Computer software which does not have a technical effect is protected under copyright law. For a copyright protection, computer software needs to be original and sufficient effort and skill must be put into impart it originality. But a program which only generates multiplication tables or algorithms may not suffice the degree of effort required for protection. Apart from being original not copied from elsewhere, the work should be first published in India or if the work is published outside India the author on the date of publication or if the author is dead at the time of his death should be a citizen of India.