The Way Computer Programs Go

Copyright means rights of an organization or individual to works which such organization or individual created or owns.

The subject matters of copyright comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.

Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders

The literary, artistic and scientific works which are protected by copyright comprise:

 (a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;

 (b) Lectures, addresses and other speeches;

 (c) Press works;

 (d) Musical works;

 (e) Stage works;

 (f) Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);

 (g) Plastic art works and applied art works;

 (h) Photographic works;

 (i) Architectural works;

 (k) Sketches, plans, maps and drawings related to topography or scientific works;

 (l) Folklore and folk art works;

 (m) Computer programs and data collections.

The subject matters beyond the categories of copyright protection comprise:

(i) News of the day as mere items of information.

(ii) Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents.

(iii) Processes, systems, operational methods, concepts, principles and data.

Copyright in works shall comprise moral rights and economic rights.

Moral rights [of authors] shall comprise the following rights:

(i) To give titles to their works;

(ii) To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used;

(iii) To publish their works or to authorize other persons to publish their works.

(iv) To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author.

The economic rights [of authors] shall comprise the following rights:

 (a) To make derivative works;

 (b) To display their works to the public;

 (c) To reproduce their works;

 (d) To distribute or import the original or copies of their works;

 (e) To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

 (f) To lease the original or copies of cinematographic works and computer programs.

The conducts constituting infringement of copyright include:

(i) Appropriating copyright in a literary, artistic or scientific work;

(ii) Impersonating an author;

(iii) Publishing or distributing a work without permission from the author;

(iv) Publishing or distributing a work of joint authors without permission from the co-authors;

(v) Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author;

(vi) Copying a work without permission from the author or copyright holder, except in the cases stipulated in applicable law;

(vii) Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in applicable law;

(viii) Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in applicable law;

(ix) Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder;

(x) Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder;

(xi) Publishing a work without permission from the copyright holder;

(xii) Deliberately destroying or de-activating the technical solutions applied by the copyright holder to protect copyright in his or her work;

(xiii) Deliberately deleting or modifying electronic information in a work regarding management of the rights to such work.

(xiv) Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment when knowing, or having grounds to know, that such equipment may de-activate technical solutions applied by the copyright holder to protect copyright in his or her work.

(xv) Making and selling a work with a forged signature of the author of such work.

(xvi) Importing, exporting or distributing copies of a work without permission from the copyright holder.

Both patents and copyrights essentially prove that you are the creator of the item or idea and declare that no one can take it from you. However, there are certain differences between them.

A patent does not apply to the idea until it transforms into a materialistic form that offers solutions to a problem. In general, a patent protects inventions and new processes. A patent protects the technical enhancement, which adheres to novelty and uniqueness. A patentable product can be defined as a new invention which involves an inventive step and which is susceptible of industrial applications. Patents grant exclusive rights to creators and protect their work from exploitation. The patent system can be viewed as a reward arrangement to those who discover things that will be useful to the nation.

The term copyright refers to the right to make copies of a work. Copyright is granted automatically to an eligible work, and therefore, there is no need to register for a copyright, as is the case with trademarks and patents. Copyright protects original works of authorship and artistic works in a tangible form. Published and unpublished original works qualify for copyright protection. A valid copyright is an inexpensive legal vehicle for preventing others from copying a creative work. The consumer pays for the work because they want to enjoy its content and find it valuable. Copyright has a limited scope of applicability as it can’t be applied to all sorts of work. It is typically applied on artistry work, music, film, artwork, and photography. Copyright protection is automatic and begins from the instant a work is created. 

Like a patent holder, the copyright owner has exclusive rights. These rights include the right to reproduce, make derivatives, distribute copies, display the work in public, or perform the work in public. A copyrighted work that is infringed upon can award the holder damages in a lawsuit for misuse.

In some cases, an applicant obtains both a copyright and a patent. Overlap can occur between a design patent and copyright in circumstances where the ornamental design qualifies both for a patent and as a work of art subject to copyright protection.

Copyrights and patents provide legal grounds for ownership and the right to pursue legal recourse if someone infringes on your idea. Otherwise, people can go around stealing ideas and creations and selling them as their own. It’s hard to prove that one person had an idea over another, which is why most artists and businesses apply for protection the second they create something new.

Advantages of Copyright

Legal ownership: Copyright registration serves as a legal shield granted to authors of “original works of authorship”.  Copyrighting provides a person with legal evidence and public notice of ownership. A person can be sued in a court for infringement of copyright provided one has the papers in place.
Protection of creative works: Copyrights legally secures the original works of authors, artists, musicians, and creators. It grants them exclusive rights over their works, including the rights of reproduction, distribution, display, performance, and creation of derivative works.
Moral and economic benefits: It gives the creator to the rights to publish or copy or publish any substantial part of a book comes under economic rights. Right to integrity of work, listed authors come under moral rights. The creator is able to license the work to others, sell, or utilize it for generating income. This provides economic incentives for future creative endeavors.

Advantages of Patent

Legal ownership: Patents provide a basis for owners to take legal action against people who are using the patented invention without permission. 
Promoting innovation: Patents have a positive effect on society because they promote innovation and help develop new products.
Economic benefits: Patents allow the owner to get protection for a pre-determined period, allowing the owner to keep competitors at bay. They also allow the owner the best opportunity to profit from the invention by preventing others from copying it. Patents provide a basis for owners to negotiate with potential investors or other business partners while preserving their intellectual property rights and license someone else to manufacture the invention on agreed terms.

If someone is infringing on a work that is not yet registered, the rightful owner can file for “special handling” in filing an application, which provides for expedited review for registration with the copyright office. This option requires there be an imminent need for registration as well as a significantly increased filing fees, but it speeds up the registration process allowing an author to file a lawsuit quickly.

It is vital to initiate registration of software to protect the authors’ legal rights and benefits. Registering copyright creates a public record of ownership as well as a presumption of ownership in court. In a lawsuit, a party claiming ownership over the work must prove ownership. Proving ownership can be difficult in some cases. Registration creates a public record recognized in court as proof of ownership. Having a registration also means that a court will presume ownership of the work with no further evidence required. In cases where a quick injunction is being sought, showing registration can save time and lead to a quicker result in the courts.

There are three important steps to do this kind of work:

(i) Determining the type of work to be registered;

(ii) Completing a copyright application; and

(iii) Paying the associated fees.

Should you wonder whether your works can be copyrighted, or if you need any advice on related registration procedures, please do not hesitate to contact us for our free assistance.