Examples: – programming language, test ware, application software includes videogames, device drivers includes disk drivers, printers, Compact Disc etc.
Computer software is of three types namely system software, programming software and application software. System software helps to run the computer system. Example:- Microsoft Windows, Linux, Mac. Programming software assists the programmers to write the computer programs. Application software allows the user to complete different task which is not related to the computer development.
Software is copyrighted to prevent the illegal copying of the software. Then the licensee is given a chance to use the software under certain conditions but restricted from others to use, change, share etc.
An open source license is a copyright license for computer software where the source code is available. It can be used by everyone. The users may evaluate and change the source code for their own customization according to their needs. Open source licenses are also commonly open at no cost, allowing for alteration, rearrangement, and money-making use without having to pay the original creator. Some open source licenses only permit alteration of the source code for personal use or only permit non-commercial rearrangement.
The software can be protected as a literary work under copyright. It cannot be patented. The software can be patented unless if it combines with hardware and the novelty rely on the product and not in the software code. The software protection can be made by applying for form 4 (application for registration of copyright). The form 4 includes the statement of particulars and statement of further particulars. It is shortly termed as SOP AND SOFP respectively. It should be filled clearly and relevantly according to the requirements of form 4. It should not consist of over written and irrelevant points. For the blank answers, the word “not applicable” shall be written in the form 4.
Each Single copyright application consists of single creative work. If it contains more than one work, separate copyright application shall be submitted at the copyright office, New Delhi. Each copyright application shall be submitted along with the prescribed fee mention in the second schedule to the rules. The fees can be paid by postal order or demand draft payable to registrar of copyrights, New Delhi.
The copyright applications shall be signed by the applicant or by an advocate. The proof of the power of attorney signed by the applicant and accepted by the advocate shall be submitted along with the copyright application form. The copies shall sent to the copyright division, department of Higher Education, Ministry of Human Resource Development, 4th floor, Jeevan deep building, parliament street, New Delhi 110001.
Copyright is only for the expressing the creative works and not for the concept. The software copyright protection depends on the source code used and the methodology involved in the software. There may be chance of editing the source code used in the software and creating the new source code.
The software copyright infringement takes place in the means of copying the software, distributing the copyrighted work, rent to the public domain etc.