Software Copyright Registration in India
Computer programmes as literary works · Section 2(o), Copyright Act, 1957 · Form XIV
Software is protected in India as a literary work: a computer programme, in source or object code, falls within Section 2(o) of the Copyright Act, 1957. You register it with the Copyright Office on Form XIV, with the extracts of source code the Rules require, for a government fee of ₹500 per work. Copyright protects the code as written and its expression, not the idea, algorithm or functionality, which may need a patent if it has a technical effect.
- Reviewed by
- 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.
- Vashi, Navi MumbaiOur office, Sector 30A
- Since 2008Filing with IP India
- Copyright OfficeForm XIV, objections and hearings
- Logo protectionCopyright and trademark together
Software copyright registration at a glance
- Category
- Literary work: computer programme (Sections 2(o) and 2(ffc))
- Form
- Form XIV with the Statement of Particulars and Statement of Further Particulars
- Code deposit
- Extracts of the source code, as the Copyright Rules require
- Government fee
- ₹500 per work
- Term
- Generally the author’s lifetime plus 60 years
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?
| Part | Category | Notes |
|---|---|---|
| Source and object code | Literary work (computer programme) | The core filing; one work per distinct program |
| A major new version | Literary work | Register when the changes are substantial; minor updates do not need a new filing |
| Screens, icons and illustrations | Artistic works | Registered separately if they are valuable on their own |
| Website and app text | Literary work | Original copy, articles and help content |
| Videos and animations | Cinematograph film | Higher fee category |
| App name and logo | Trademark (and artistic work for the logo) | Names are not protected by copyright; see trademark registration |
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?
Before filing
Confirm the owner and the version
Collect assignments from contributors and choose the release to register.
Before filing
Prepare the code extract
The source code pages the Rules require, without blocked-out portions, and with passwords, keys and personal data removed from the code itself.
Day 1
File Form XIV online
With the Statement of Particulars, the Statement of Further Particulars for software, the code extract and the fee. A diary number issues.
30 days
Objection period
Any person may object within 30 days before examination begins.
After 30 days
Examination and discrepancies
The Office checks the documents and may raise a discrepancy letter, answered within the time given.
On approval
Registration
The work is entered in the Register of Copyrights and the extract is issued.
What documents are needed for software copyright registration?
About the software
- Title and version of the program, and the programming language
- Source code extract in the form the Rules require
- Date and country of first publication (release), if released
- A short description of what the program does
About ownership
- Details of every author (developer) and their nationality
- Written assignments from freelancers or agencies, or NOCs from authors
- Employment confirmation for employee-written code
- Power of attorney if an agent files for you
How much source code must be filed?
Under the Copyright Rules as amended in 2021, the application includes the first 10 and last 10 pages of the source code, or the entire source code if it is shorter than 20 pages, with no portions blocked out or redacted. Plan the extract with that in mind: keep secrets such as keys and credentials out of the code, not hidden in the filing.
Software copyright FAQs
Do I need to register every version of my software?
No. Register the first release and later versions that change the code substantially. Minor updates are covered by the copyright that already exists in the code.
Will my source code become public if I register it?
The code extract is filed with the application and held by the Copyright Office; the Register of Copyrights is open to inspection. File only what the Rules require and keep secrets such as keys out of the code.
Should I patent or copyright my software?
Usually copyright, plus a trademark for the name. A patent is worth considering only where the software produces a technical effect beyond the program itself, because a computer programme per se is not patentable in India (Section 3(k)).
Can I register a mobile app?
Yes. The app’s code is a literary work. Its screens and icons can be registered as artistic works, and its name should be protected as a trademark.
Who should apply: the company or the developer?
The owner. For employee code, that is usually the company; for freelance code, the developer unless they assigned it to you in writing. The application must match the ownership documents.
Is a website protected by copyright?
Its original elements are: the code, the text, the images and the videos. Layouts built from common elements, and the domain name, are not.