COPYRIGHT |
Copyright is a form of protection provided to the creators of "original works of authorship," including creators of Computer Software, literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. Why should software be protected? Copyright ensures certain minimum safeguards of the rights of developers & authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of computer software, cinematograph films, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create. Copyright protection is applied rigidly and it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community as well as computer programs are protected under the Copyright Act. They are treated as literary works. Use of the "©" symbol Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter "c" in a circle or the word "Copyright" followed by name of copyright owner and year of first publication. Copyrights subsist in following class of works: a) Original literary, musical, dramatic and artistic works. b) Cinematograph films c) Sound recordings The rights vary according to the class of work. Copyright also subsists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. Computer programmes are considered as literary works and are protected under the Copyright Act. There is no copyright in an idea. |
