Copyright Registration for Software
The Copyright Act, 1957 protects software as a literary work. We register your programme or app in Form XIV with the code deposit Rule 70(5) requires, and follow it through the 30-day objection window.
What it is
Section 2(o) of the Copyright Act, 1957 includes computer programmes and databases in “literary work”, so code is protected the way a book is. Copyright arises when the code is written; registration records who owns it and from when.
Section 14(b) adds the right to sell or commercially rent copies of the programme. You register under Section 45 in Form XIV on the Copyright Office portal (copyright.gov.in).
Who it applies to
Software companies
Think of an NCR firm selling billing or school ERP software to many clients: the code is the business.
Startups and app makers
Mobile apps and SaaS products. Investors check IP in due diligence, and it pairs well with Startup India recognition.
Businesses using outside developers
Staff code belongs to the employer under Section 17(c); freelancer or agency code needs a written assignment under Section 19.
Why it matters
Proof of ownership
Under Section 48 the register entry is prima facie evidence, so the copier must disprove your ownership.
A dated version on record
The deposited code fixes what you had and when. In practice, that is your answer when an ex-developer launches a look-alike.
Cleaner deals
Sales and licensing move faster with ownership on record.
Documents required
About the applicant
- Name, address and nationality
- PAN; certificate of incorporation for a company or LLP
- Power of attorney if we file as your agent
About the programme
- Title and version number
- Source code and object code (Rule 70(5))
- Year and country of first publication, if released
Ownership papers
- Employment or assignment deeds for the developers
- No-objection certificate from the author where Rule 70(3) needs one
- Licences for third-party code
How it works
Trace who wrote the code
We check who wrote the code and fix any missing assignment. Here is the catch: a Faridabad startup that paid an agency to build its app does not own that code until the agency signs it over.
Prepare the code deposit
Rule 70(5) asks for source and object code. Since code is often a trade secret, many applicants file an extract identifying the version; we confirm what the Copyright Office will accept first.
File Form XIV
We file on the Copyright Office portal with the Statement of Particulars and the ₹500 fee, and share the diary number.
Wait 30 days, then answer the examiner
Under Rule 70(10), the Registrar proceeds only if no objection arrives within thirty days. We answer any discrepancy and send you the certificate.
Timelines
Filing
A few working days after we have the code deposit and ownership papers.
Objection window
Thirty days from the date the Copyright Office receives the application.
Term of copyright
The author’s life plus sixty years, under Section 22.
Copyright vs patent for software
Section 3(k) of the Patents Act, 1970 says a computer programme per se, a mathematical or business method, or an algorithm is not an invention. So most software relies on copyright.
| Point | Copyright | Patent |
|---|---|---|
| Protects | The code as written | A technical invention, if it is more than a programme per se |
| Arises | Automatically; registration is optional | Only on grant after examination |
| Term | Author’s life + 60 years | 20 years from filing |
Copyright does not stop fresh code that does the same job. If your software drives a technical result, ask about patent registration as well.
What users may do without permission
Section 52(1) lists acts that are not infringement. A lawful user may:
- Copy or adapt it to use it as supplied, or keep back-up copies against loss (clause (aa))
- Get information essential for interoperability with an independently created programme (clause (ab))
- Observe, study or test it to find the ideas behind it (clause (ac))
- Copy or adapt a personally, legally obtained copy for non-commercial personal use (clause (ad))
What happens if someone copies your software
Infringement
Under Section 63, knowing infringement is punishable with six months to three years in jail and a fine of ₹50,000 to ₹2 lakh.
Using pirated software
Section 63B punishes knowingly using an infringing copy on a computer with seven days to three years in jail and a fine of ₹50,000 to ₹2 lakh.
Civil suit
You can seek an injunction and damages, with the Section 48 register entry as proof of ownership.
Frequently asked questions
Can software be registered under copyright in India?
Yes. Section 2(o) of the Copyright Act, 1957 treats a computer programme as a literary work, so it can be registered in Form XIV under Section 45. The government fee is ₹500 per programme. Registration is optional, but the register entry is prima facie evidence of ownership, and that helps with any product you sell or license.
Do I have to submit my full source code?
Rule 70(5) of the Copyright Rules, 2013 requires the source code and object code with the application. Many applicants file an extract that identifies the programme and version rather than the whole codebase. We check current Copyright Office practice and prepare a deposit that identifies the work without exposing more than needed.
Who owns code written by employees or freelancers?
The employer owns code an employee writes in the course of employment, under Section 17(c), unless agreed otherwise. A freelancer or outside agency keeps the copyright unless it is assigned in writing under Section 19. We collect the assignment deeds first, so the company can apply in its own name with a clean chain of title.
Can I patent software instead?
Usually not on its own. Section 3(k) of the Patents Act, 1970 excludes a computer programme per se, business methods and algorithms from being inventions. Software that forms part of a technical invention may still be patentable. For most products, copyright plus a trade mark for the product name is the practical start; we can assess patent potential too.
Is it illegal to copy software for backup?
No, a lawful user may keep back-up copies. Section 52(1)(aa) allows the lawful possessor of a copy to make back-up copies purely as temporary protection against loss, destruction or damage, and to copy or adapt it to use it for the purpose it was supplied. Selling or sharing them is not covered. Clear licence terms keep both sides comfortable.
What is the penalty for using pirated software?
Section 63B punishes knowingly using an infringing copy of a programme on a computer with imprisonment of seven days to three years and a fine of ₹50,000 to ₹2 lakh. If the use was not for gain in trade or business, the court may, for special reasons, skip jail and cap the fine at ₹50,000. Licensed copies keep you clear.
Do I register every new version?
Each application covers one work, so a major new version with substantial new code can be filed as a separate work at ₹500. Minor bug-fix releases rarely justify a fresh filing. We usually register the first stable release and then each major version, which keeps your record current at modest cost.
How long does software copyright last?
As a literary work, software is protected for the author’s lifetime plus sixty years under Section 22. The sixty years run from the start of the calendar year after the author’s death (the last surviving author, for joint authors). Registration never needs renewal, so the entry stays on the register for the full term.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The government fee is ₹500 per computer programme, and ₹200 to change registered particulars later.
Ready to begin?
Tell us what the software does and who wrote it; we will sort the papers and file Form XIV.