Copyright gives exclusive rights to the creator or inventor of the work. It is a type if intellectual property right granted to the creator or inventor. Copyright does not protect an idea unless it is explained or expressed in a written form. The author can outline the idea into writing or drawings, but copyright cannot protect the idea of the author or inventor. It basically protects tangible ways of expression which can be reproduced like the final written text or artistic works. Traditionally, computer software programs were not protected by copyright because until 1974 these computer programs were not recognised as fixed or tangible objects. But, in 1983 copyright laws were extended to include computer programs under the preview of this act and Copyright Act provided computer programs the same status it provided to literary works. So, the amendment in 1983 allowed computer programs to be copyrighted. Even though some of the same legal principles and policies applied to literary works apply to computer programs, there are some issues arise with copyright software.
Software Copyright: Software Copyright is used mainly by software developers to prevent unauthorized use or unauthorized copy of their software. Copyright holder is basically the works creator or the company to whom the software is assigned, or publisher. These copyright holders daily invoke legal and many technological measures to prevent and to penalize for copyright infringement.
For works like computer software and web applications the source code is the main thing where copyright exists. And copyright notice is included in headers of all files that include the software details like user manuals, help files etc, to make the assertation of copyright clear and explicit.
There are situations where there is no direct line-to-line copying of the source code, so in these circumstances it becomes very difficult to prove that copying of the software has been done. So, adding a redundant code or program components in the real code is the way to detect the copying. If the alleged software or code includes the reductant program or program components, even if they are not line-to-line copied it can provide to the court a very strong inference as to whether copying has been done or not.
Software Copyright Infringement: when a software is run in a computer it is basically impossible to prevent copying of some part of the code, as the computer itself stores or copies some part of the code for proper functioning of that software. Also, while talking about software, infringement is not only by copying but infringement occurs when you adapt versions of the original code. For example, if the code is converted into any other computer language and then used, then this will also be deemed as infringement of copyright, as it is derivative work, and a proper licence is required to do so.
Software copyright is an evolving area of law as it is very complex, and all the situations cannot be predicted unlike other areas like artistic works etc. software copies that are sold has specific terms that are mentioned to specify what constitute acceptable use of the code.
Remedies available for Infringement of Copyright:
- Temporary and Permanent injunctions on the use of the software can be issued by the court
- Destruction of all the copies of the copyrighted software include the master copy
- Monetary damages that are done to the owner of the copyright along with the infringer’s profit
- The cost of the case, which includes the court’s cost and cost of the attorney.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge