How to Copyright Software, Apps & SaaS in India — A Complete Legal Guide
In today’s digital economy your code is an asset. Learn how to protect it legally in India — from source code to UI/UX, game assets, and SaaS platforms.
By RegistrationMART • Updated:
Introduction
In today’s digital economy, code is the new currency. Whether you’re developing a mobile app, designing a SaaS platform, building game environments, or writing backend algorithms — your software is a valuable intellectual asset.
But how do you protect it legally? How can you stop others from copying your code, cloning your app, or stealing your UX? The answer lies in Copyright Law specifically tailored for software protection under Indian law. If you’re building a tech product, copyright registration is your first legal armour.
At RegistrationMART, with over 10 years of experience protecting IP across India, we help developers and founders register software copyrights, issue infringement notices, and secure investor trust. This guide covers everything you need to know.
What is Copyright in Software?
Under Section 2(o) of the Copyright Act, 1957, a computer program is treated as a “literary work.” That means source code and object code enjoy copyright protection like a written book or script.
✅ As soon as your software or app is coded and saved (source or object code), it is automatically copyrighted. For stronger enforcement—legal proof, takedown rights, investor reassurance and licensing—formal registration is recommended.
Types of Digital Works Covered
| Digital Asset | Copyright Category |
|---|---|
| App source code | Literary work |
| UI/UX design | Artistic work |
| Game visuals | Artistic & Cinematographic |
| Background music | Musical work |
| Algorithms | Literary work (expression only) |
| API documentation | Literary work |
Legal Framework
- Copyright Act, 1957 — primary framework
- Information Technology Act, 2000 — digital & cyber provisions
- Berne Convention — international recognition
- TRIPS & WIPO treaties — international IP standards
Rights You Get as a Copyright Holder
- Reproduce the code (in any form)
- Publish & distribute software
- Modify or adapt the program
- Translate to other languages
- License or assign rights
- Create derivative works
Note: Unauthorized decompilation, distribution or copying is infringement and can attract civil and criminal remedies.
Copyright vs Patent vs Trademark — For Software
| Feature | Copyright | Patent | Trademark |
|---|---|---|---|
| Protects | Code, docs, UI | Novel technical inventions | Brand name, logo |
| Duration | Life + 60 yrs | 20 yrs | 10 yrs (renewable) |
| Cost | ₹500–₹2000 | ₹1,50,000+ (avg) | ₹4,500–₹9,000 |
✅ Most software is best protected initially by copyright; patents require novelty and technical inventive steps.
Step-by-Step: How to Register Software Copyright
- Prepare your work: Final source code (PDF/.txt), UI screenshots, write-up, dates, ID proof.
- Form XIV: Available at copyright.gov.in — choose “Literary Work: Computer Software”.
- Contributor NOCs: Attach NOC/assignment from employees/freelancers if others contributed.
- Pay fee: ₹500 (typical software application) — pay online or DD per portal instructions.
- Submit: Online upload or post to the Copyright Office (New Delhi). Diary number issued immediately.
- Examination: 30-day objection window → respond to queries if raised.
- Certificate: If accepted, Registrar issues a Copyright Registration Certificate.
Typical timeline: ~2–4 months depending on objections and paperwork.
Software Copyright Infringement — Examples
| Case | Violation |
|---|---|
| Freelancer reusing code | Illegal reproduction |
| Competitor cloning UX | Artistic infringement |
| Leaked code to third party | Breach + infringement |
Can You Copyright Ideas?
No. Copyright protects expression, not ideas. Once an idea is converted into code, documentation, UI or assets — it becomes protectable.
To protect underlying ideas/business methods consider:
- NDAs with collaborators
- Patents for genuine technical inventions
- Provisional patent specs where applicable
Copyright for Games — Special Notes
Game development involves multiple copyrights:
- Code — literary work
- Graphics & UI — artistic work
- Soundtrack — musical work
- Cinematics/animations — cinematographic work
- Story & scripts — literary work
Recommendation: register significant components (code + major art/audio) separately when feasible.
SaaS Platforms & API Tools — What to Copyright
| Component | Registration Type |
|---|---|
| Backend code | Literary work |
| Dashboard/interface | Artistic work |
| API docs & help | Literary work |
RegistrationMART Use Cases
Case 1 — Startup (Ahmedabad): Logistics SaaS copied by competitor → copyright registration + legal notice → competitor stopped distribution and IP used in funding deck.
Case 2 — Indie Game Studio (Surat): Android game cloned → registered code & assets → takedown on Play Store and blocked clone.
Practical Tips to Protect Software
- Keep timestamps, Git commits and changelogs
- Use code fingerprinting or watermarks
- Get written IP assignment from employees & freelancers
- File copyright early
- Maintain private architecture docs with dates
- Use strong NDAs
- Include “© Year — Owner Name” in UI or header comments
Copyright Duration for Software
Individual author: Lifetime of author + 60 years.
Company/Work-for-hire: 60 years from date of publication.
Conclusion
As India’s tech ecosystem grows, intellectual property becomes a core business asset. For digital creators and startups, that starts with copyright. If you’re building apps, SaaS, games, or any software — protect your code, UI and assets professionally.
