How to Copyright Software and Website in India
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Introduction:
In the era of startups, SaaS platforms, mobile apps, and digital content, intellectual assets like source code and layouts need legal protection. Copyright is your answer. This guide covers everything from legal foundation to copyright process in India.
In the era of startups, SaaS platforms, mobile apps, and digital content, intellectual assets like source code and layouts need legal protection. Copyright is your answer. This guide covers everything from legal foundation to copyright process in India.
What is Software Copyright?
Under Section 2(o) of the Copyright Act, 1957, software is categorized as a “literary work”. Copyright protects both the source code and object code.
- Source Code
- Object Code
- UI/UX Design
- APIs and Documentation
- Databases & Content Layout
- Frontend and Backend Scripts
Legal Foundation in India
| Legal Basis | Description |
|---|---|
| Copyright Act, 1957 (Sec. 13, 14) | Protects software as literary work |
| Information Technology Act, 2000 | Cyber-crime and data protection |
| TRIPS Agreement | India is a signatory – software IP included |
| Berne Convention | International copyright recognition |
What Can Be Protected?
| Element | Protected? |
|---|---|
| Source Code (.java, .py, .php) | Yes |
| Compiled Object Code | Yes |
| UI/UX Design | Yes |
| Database Structure (if original) | Yes |
| Basic Algorithm / Logic | No – Only expression is protected |
| Names, Tags, Icons | Yes (also under Trademark) |
| Mobile App & Game Code | Yes |
| Website HTML/CSS/JS | Yes |
| Blogs / Videos / Articles | Yes |
Who Owns Software Copyright?
| Scenario | Owner |
|---|---|
| Employee-created | Employer |
| Freelance Developer | Developer, unless assigned |
| Commissioned Work | Depends on contract |
| Joint Development | Joint ownership unless agreement states otherwise |
| Open Source | As per license terms |
Steps to Register Copyright in India
- Prepare Documents: Source code, synopsis, ID proof, declaration, NOC
- Apply Online: copyright.gov.in
- Receive Diary Number: Within 24–48 hours
- Objection Window: 30 days
- Examination: For originality & functional review
- Certificate Issued: Within 2–4 months
Why Copyright Software?
- Legal Ownership and Proof
- Protection from Plagiarism
- Licensing & Monetization
- Investor & Client Confidence
- Legal Action Support
- Global Recognition (Berne Convention)
What Copyright Does Not Cover
- Raw ideas or logic
- Programming languages
- Algorithms without expression
- Generic designs
- Standard database formats
Infringement & Remedies
Copying, modifying, or redistributing without consent is infringement.
- Examples: Pirated app, code theft, reupload without license
- Legal Actions: Injunction, compensation, imprisonment up to 3 years (Sec. 63)
How to Prevent Infringement
- Include copyright notice in code:
© 2025 Your Company. All rights reserved. - Use license agreements
- Track code versions (e.g., Git)
- Obfuscate/encrypt code
- Regular anti-piracy audits
Copyright vs Patent vs Trademark
| Feature | Copyright | Patent | Trademark |
|---|---|---|---|
| Protects | Code & Content | Unique Process | Brand Identity |
| Requirement | Originality | Novelty | Distinctiveness |
| Registration | Optional | Mandatory | Mandatory |
| Duration | Lifetime + 60 Years | 20 Years | 10 Years (Renewable) |
| Cost | Low | High | Moderate |
Case Study: FinTech Client
Client: Ahmedabad-based startup
Product: AI Loan Scoring App
Action: Copyrighted source code + UI, trademarked brand, filed patent
Result: Secured ₹1.2 Cr funding after IP due diligence
Why RegistrationMART?
- 🔹 10+ Years in IP, Startup & Tech Compliance
- 🔹 Expert Legal Drafting & IPR Filing
- 🔹 1000+ Copyright & Trademark Registrations
- 🔹 End-to-End Service: Advice → Draft → File → Certificate
Suggested Visuals for This Article
- Software Copyright Process Flowchart
- Table: Copyright vs Patent vs Trademark
- Screenshot of Indian Copyright Portal
- Infographic: Protected Elements
- Copyright Notice Sample
Conclusion
In a digital-first world, securing your code is vital. Copyright is the foundation of legal protection. It proves ownership, deters theft, and helps monetize your innovation. Partner with RegistrationMART to protect your digital assets the right way.
