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Computer Software Copyright Law India

Computer Software Copyright Law India

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Published by MUTHUSAMY R

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Published by: MUTHUSAMY R on Aug 16, 2011
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09/20/2011

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Computer Software& Copyright Law
 
This document is an extract from the book
IPR & Cyberspace – Indian Perspective 
authored by Rohas Nagpal. This book is available as coursewarefor the
Diploma in Cyber Law
and
PG Program in Cyber Law
conducted byAsian School of Cyber Laws
www.asianlaws.org
 
IPR & Cyberspace – Indian Perspective
 © 2008 Rohas Nagpal. All rights reserved.
 
- 67 -
 
2. Computer Software & Copyright Law
 
According to section 2(ffc) of the Copyright Act, a
computer program
isa “set of instructions expressed in words, codes, schemes or in any otherform, including a machine readable medium, capable of causing acomputer to perform a particular task or achieve a particular results”.
The essential elements of a computer program are:
1. It is a set of instructions expressed in:a. words,b. codes,c. schemes ord. in any other form, including a machine readable medium.2. capable of causing a computer to:a. perform a particular task orb. achieve a particular results.Computer
software
is “computer program” within the meaning of theCopyright Act. Computer programs are included in the definition of
literary work
under the Copyright Act.
 
IPR & Cyberspace – Indian Perspective
- 68 - © 2008 Rohas Nagpal. All rights reserved.
 
2.1 Meaning of copyright
 
[This concept is explained using simple fictional illustrations involving Sanya, who has created easyPDF, a computer program for converting documents into PDF (Portable Document Format)] 
According to section 14 of the Copyright Act, "copyright" means theexclusive right to do (or authorize the doing of) any of the following:1. To
reproduce
a computer programme in any material formincluding the
storing
of it in any medium by electronic means,
Illustration 1
Sanya has the exclusive right to reproducethe easyPDF program on CD, DVD andother storage media.
Illustration 2
Sanya has the exclusive right to upload theeasyPDF program onto her website.2. To
issue copies
of the computer programme to the public
Illustration 1
Sanya has the exclusive right to provide theeasyPDF program along with computermagazines so that the general public canuse the software.
Illustration 2
Sanya has the exclusive right to upload theeasyPDF program onto her website so thatpeople around the world can download it.3. To
perform
the computer programme in public, or
communicate
 it to the public,
Illustration 1
Sanya has the exclusive right to give apublic demonstration of the workings of theeasyPDF program.4. To make any cinematograph
film
or sound
recording
in respectof the computer programme,
Illustration 1
Sanya has the exclusive right to make apromotional film depicting the working ofthe easyPDF program.

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