In the era of startups, SaaS, apps and digital marketing, software and content are business-critical assets. Copyright gives you legal ownership of your original expression (code, layout, content) — not the underlying idea or algorithm. This guide explains exactly what to protect, how to register, and how to enforce your rights in India.

What is Software Copyright?

Under the Copyright Act, 1957, software is treated as a literary work. That means both source code and object code — along with UI/UX, documentation and layout — are eligible for copyright protection. Copyright protects the expression of an idea (code & content), not the abstract idea, algorithm or method itself.

Legal Foundation in India

What Can Be Protected?

Note: Copyright protects expression, not ideas or functional algorithms.

Who Owns Copyright?

• Employee-created code: Typically the employer (work-for-hire) — confirm by contract.
• Freelancer: Default owner is developer unless assignment agreed in contract.
• Commissioned / Joint work: Ownership depends on contract or joint assignment.
• Open-source: Governed by license terms (GPL, MIT, Apache, etc.).

Best practice: Always have clear assignment or work-for-hire agreements to avoid disputes.

How to Copyright Software / Website in India (Step-by-step)

1. Prepare documents: key source file excerpts (recommended 50–100 pages capturing important modules), synopsis, author declaration, ID proof, employer NOC if applicable.
2. Create account on copyright.gov.in and choose “Literary Work (Computer Software)”.
3. Fill Form XIV with author & applicant details and attach sample files (PDF) and declaration.
4. Pay government fee (usually ₹500 for software).
5. Diary number issued (24–48 hrs) — application is trackable online.
6. Objection window (30 days) — rare in software cases.
7. Examination & clarification — Registrar may ask for clarifications.
8. Registration certificate issued — prima facie evidence in court.

Timeline: ~2–4 months. Fee: ~₹500 + professional fees (if any).

Why Copyright Your Software?

• Legal ownership: Prove you built the code.
• Anti-plagiarism: Easier to stop copycats and take-down infringing content.
• Monetization: Licensing, SaaS contracts, royalties.
• Investor confidence: Evidence during due diligence.
• Enforceability: Stronger position in court for injunctions & damages.

Infringement & Legal Remedies

What qualifies as infringement? Unauthorized copying, distribution, modification or public display of your code/content (e.g., pirated apps, copying website code, embedding content without permission).

Remedies

• Civil: Injunctions, damages, account of profits.
• Criminal: Imprisonment (up to 3 years) & fine (up to ₹2 lakh) under Section 63.
• Administrative: Platform takedowns, customs seizure for counterfeit media.

How to Prevent Copyright Violations

• Add copyright header in source files — © 2025 Your Company. All rights reserved.
• Use clear licensing & EULA terms for distribution.
• Maintain version control (Git) and timestamps as evidence.
• Encrypt/obfuscate production builds where necessary.
• Audit third-party code and use proper open-source attribution.
• Register critical modules & UI samples with Copyright Office.

Copyright vs Patent vs Trademark (for Software)

Tip: combine protections — copyright for code, patent for novel methods, trademark for brand & UI elements where applicable.

Business Example

How RegistrationMART Helps

• IP strategy: what to copyright vs patent vs trademark
• Prepare application: code excerpts, declarations & forms
• File Form XIV on copyright.gov.in
• Handle objections, hearings & registrar responses
• Ongoing IP portfolio management & enforcement