Law4u - Made in India

Can software be protected under Indian copyright law?

06-Mar-2025
Trademark & Copyright

Answer By law4u team

Yes, software can be protected under Indian copyright law. Software, whether in the form of source code or object code, is recognized as a literary work under the Copyright Act, 1957. This means that the creator or author of the software holds exclusive rights to the work, including its reproduction, distribution, and adaptation. Key Points of Software Protection under Indian Copyright Law: Eligibility for Protection: Software (including computer programs) is considered a literary work under Section 2(o) of the Copyright Act, 1957. The protection applies to the source code, object code, and related documentation of the software. Rights Granted to the Author: The author (or copyright holder) has the exclusive right to: Reproduce the software (e.g., making copies of the program). Distribute copies of the software to the public (e.g., selling or licensing). Adapt or modify the software (e.g., making changes to the source code). Translate the software (e.g., converting the software into a different language or format). Public Performance (e.g., running the software publicly). These rights are granted for a period of 60 years from the year of creation of the work (or from the year of the author's death, in the case of a work created by an individual). Registration of Copyright: While registration of copyright is not mandatory in India, it is advisable to register software with the Copyright Office to establish proof of ownership and to provide a record of the copyright in case of disputes. The registration can be done online and includes the submission of details about the software, including its source code and object code. Infringement of Copyright: Unauthorized use, reproduction, distribution, or modification of software without the consent of the copyright holder is considered copyright infringement. Legal action can be taken against the infringer under the Copyright Act, which provides for both civil and criminal remedies, including injunctions, damages, and imprisonment. Exceptions to Copyright: Certain acts may be exempted from infringement, such as: Fair use for purposes like research, criticism, or private study. Reverse engineering of software may be allowed under specific circumstances, particularly if required for interoperability or to make the software work with other software. Backup copies of software for personal use may be allowed, but it must be in accordance with the license agreement. Licensing and Open-Source Software: The creator of software can choose to license the software under specific terms (e.g., proprietary license or open-source license). In the case of open-source software, the copyright holder grants permission for the software to be freely used, modified, and distributed, subject to the terms of the open-source license. Conclusion: Under Indian copyright law, software is afforded protection as a literary work. The creator of the software has exclusive rights over its use, reproduction, and distribution, and can take legal action in case of infringement. However, for the protection to be enforceable, it is advisable to register the software with the Copyright Office.

Answer By Anik

yes, software, as a form of an expression, is protected under copyright law. This gives an exclusive right to the creators to distribute, reproduce and create derivatives from the said software.

Trademark & Copyright Verified Advocates

Get expert legal advice instantly.

Advocate Abhisek Ghosh

Advocate Abhisek Ghosh

Arbitration, Civil, Corporate, Criminal, Family, High Court, Trademark & Copyright, Bankruptcy & Insolvency, Breach of Contract, Child Custody, Cheque Bounce, Banking & Finance, Anticipatory Bail, Consumer Court, Customs & Central Excise, Divorce, Cyber Crime, Documentation, GST, Domestic Violence, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Motor Accident, Media and Entertainment, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue, Armed Forces Tribunal, Court Marriage

Get Advice
Advocate Gonuguntla Manikanta

Advocate Gonuguntla Manikanta

Banking & Finance, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Revenue

Get Advice
Advocate A D Mahaboobbasha

Advocate A D Mahaboobbasha

Anticipatory Bail,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Ajit Mandalik

Advocate Ajit Mandalik

Trademark & Copyright, Succession Certificate, Property, Criminal, Anticipatory Bail, Arbitration, Divorce, High Court, Family, Motor Accident, RERA, Recovery, Supreme Court, Cheque Bounce, Breach of Contract, Civil, Consumer Court, Child Custody, Court Marriage, Domestic Violence, Documentation, Landlord & Tenant

Get Advice
Advocate Soumya Mule

Advocate Soumya Mule

Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue, Anticipatory Bail, GST, Civil, NCLT, Property

Get Advice
Advocate Azay Kumar Mishra

Advocate Azay Kumar Mishra

Anticipatory Bail, Civil, Consumer Court, Criminal, Domestic Violence, High Court, GST, Divorce, Tax, Trademark & Copyright, Cheque Bounce

Get Advice
Advocate Syed Nawaz

Advocate Syed Nawaz

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Documentation, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, RERA, Succession Certificate, Startup, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Amar Singh

Advocate Amar Singh

Arbitration, Breach of Contract, Civil, High Court, Insurance, Domestic Violence, Muslim Law, Landlord & Tenant, Anticipatory Bail, Banking & Finance, Consumer Court, Cyber Crime, Armed Forces Tribunal, Bankruptcy & Insolvency, Child Custody, Cheque Bounce, Court Marriage, Corporate, Divorce, Immigration, Documentation, Customs & Central Excise, GST, Criminal, Family, Labour & Service, International Law, Media and Entertainment, Medical Negligence, Motor Accident, Recovery, R.T.I, Property, Patent, NCLT, Succession Certificate, Revenue, Wills Trusts, Tax, Trademark & Copyright, RERA, Startup

Get Advice
Advocate Nanduri Srinivas

Advocate Nanduri Srinivas

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Trademark & Copyright Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.