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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Arvind Sharma, a Pune software author, wants to register copyright in his original source code and later sue a pirate who copies it. Under Indian law, which statement is correct?

Copyright in Arvind's source code arose automatically when he created the original work, and registration is optional. Registration only provides a prima facie evidentiary record. Computer programmes are protected as literary works under the Copyright Act, 1957, so he may sue infringers without first registering.

  1. ACopyright arises on creation of the original work, and registration is optional though it gives a prima facie evidentiary recordCorrect
  2. BCopyright arises only after registration with the Copyright Office, so he cannot sue before registering
  3. CCopyright can be protected only if the work is first published abroad
  4. DCopyright in software is excluded and only patents can protect it

Explanation

Under the Copyright Act, 1957, copyright subsists automatically in an original work once created; registration is not a precondition for protection or suit. Registration gives a record that serves as prima facie evidence of particulars entered. Computer programmes are protected as literary works, so the exclusion option is wrong.

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