Copyright Protection To Computer Database, Software And Digital Copyright

Garima Keshri & Swapnil Suman, Amity University Jharkhand

ABSTRACT

The field of computer software has become an integral part of modern society, driving innovation and shaping the way we interact with technology. In India, the copyright law provides essential intellectual property rights (IPR) protection for computer software. Under the Indian Copyright Act of 1957, computer programs are considered scholarly works, and they are granted copyright protection.

A computer program is defined as a set of statements or instructions that a computer can use directly or indirectly to achieve a specific outcome. The copyright for computer programs covers various aspects, including program construction, plans, graphics, sounds, and appearance. It is important to note that a program can violate copyright even if no code was directly copied. Each expansion or change to the source code that demonstrates sufficient creativity is subject to its own copyright protection.

To govern the rights and permissions for using software, End-User License Agreements (EULAs) are commonly used. EULAs are contractual agreements between software licensors and purchasers, outlining the terms and conditions for software usage.

In the realm of software, two key components hold significance in copyright protection: source code and object code. The source code represents the human-readable instructions that facilitate program comprehension and development. The object code, on the other hand, contains machine- executable instructions that control the computer during program execution. While source code and object code are distinct, they are considered different forms of the same copyrighted work.

Software piracy, the unauthorized use, distribution, or reproduction of copyrighted software, remains a significant concern. It takes various forms, including end-user theft, loading the hard disk with illegal software, software duplication, and online piracy. Copyright laws protect the expression and means by which an idea is expressed, rather than the idea itself. This extends copyright protection to computer programs, tables, compilations, and tangible computer databases.

To address copyright protection on an international scale, various international treaties have been established. The Berne Convention and the Universal Copyright Convention (UCC) require signatory countries to provide the same level of copyright protection to foreign works as they do to their own nationals. India passed the International Copyright Order in 1958, granting foreign works published in Berne or UCC member countries the same protection as works published within India.

While copyright registration is not mandatory in India, it offers several benefits to the copyright holder, including making the claim public, serving as prima facie evidence in court, providing entitlement to statutory damages and attorney's fees, and allowing registration with the U.S. Customs for importation protection.

Filing a copyright application for software involves submitting a completed application form, a filing fee, and a deposit of the work. The deposit typically includes source code or object code, depending on the nature of the software and whether trade secrets are involved. The registration process varies based on the material received and the method of application.

In the event of software copyright infringement, litigation can only be pursued in a competent court with jurisdiction. In the United States, federal courts have exclusive jurisdiction over copyright claims. The place of filing depends on the location of the defendant or where the infringement occurred. However, it is crucial to initiate litigation within the three-year statute of limitations for civil copyright claims and meet other requirements such as registration.

Understanding the intricacies of copyright protection for computer software is essential for software developers, businesses, and users alike. By upholding copyright laws and respecting intellectual property rights, the software industry can foster innovation and protect the rights of creators and innovators.