GB Legal Associates
Filing with the Copyright Office since 2008

Software Copyright Registration in India

Computer programmes as literary works · Section 2(o), Copyright Act, 1957 · Form XIV

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Registered Trade Marks Agent
Last updated
  • Ownership checked. Employee, freelancer and agency contributions assigned in writing.
  • Code extract prepared. The pages the Rules require, without credentials or keys.
  • Version strategy. Which release to register, and when a new version is a new work.

Register your software

Tell us what the software does, who wrote it and when it was released.

Confidential. Reply within one working day. Never shared.

  • Vashi, Navi MumbaiOur office, Sector 30A
  • Since 2008Filing with IP India
  • Copyright OfficeForm XIV, objections and hearings
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Software copyright registration at a glance

Category
Form
Code deposit
Government fee
Term

What does software copyright protect?

Copyright protects the code you wrote, in source and object form, against copying, adaptation and distribution without permission. It also covers other original material that ships with software: user documentation and help text as literary works, screen artwork and icons as artistic works, and audio-visual content as films or sound recordings.

It does not protect the idea behind the program, the algorithm, the functionality, or a programming language. A competitor who writes different code to do the same thing does not infringe copyright. That is the main limit of copyright for software, and the reason some software-related inventions are also considered for a patent.

Which parts of an app or website can be registered?

Which parts of an app or website can be registered?
PartCategoryNotes
Source and object code
A major new version
Screens, icons and illustrations
Website and app text
Videos and animations
App name and logo

Who owns software written by employees or freelancers?

Ownership decides who can register and enforce, so settle it before filing.

  • Employees. Code written in the course of employment under a contract of service belongs to the employer, unless the contract says otherwise (Section 17(c)).
  • Freelancers and agencies. A developer working under a contract for service owns the copyright in what they write unless it is assigned to you in writing. A purchase order or an invoice is not enough.
  • Assignments. Must be in writing and should identify the work, the rights, the territory and the duration (Section 19). If the duration is not stated it is taken to be five years, and if the territory is not stated it is taken to be India, so state both.
  • Open-source components. Register your own code. Third-party open-source code stays under its licence, and its terms can affect how you distribute the whole program.

How do you register software copyright in India?

  1. Before filing

    Confirm the owner and the version

  2. Before filing

    Prepare the code extract

  3. Day 1

    File Form XIV online

  4. 30 days

    Objection period

  5. After 30 days

    Examination and discrepancies

  6. On approval

    Registration

What documents are needed for software copyright registration?

About the software

About ownership

Software copyright FAQs

Do I need to register every version of my software?
Will my source code become public if I register it?
Should I patent or copyright my software?
Can I register a mobile app?
Who should apply: the company or the developer?
Is a website protected by copyright?

Official sources

  1. 1.Handbook of Copyright Law (Copyright Office)
  2. 2.Copyright Rules, 2013 and forms (Copyright Office)
  3. 3.Copyright Rules, 2013, Second Schedule (Copyright Office)
  4. 4.Form XIV, application for registration of copyright (Copyright Office)
Guides

Further reading

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