Law of Copyrights & Software Protection
Copyright Act 1957, Idea-Expression Dichotomy, Software Source Code Rights, Licensing Regimes, and Fair Use
Department of Artificial Intelligence & Data Science • Academic Year 2026-27
COPYRIGHT FOUNDATIONS
Subject Matter of Copyright
Literary, Dramatic, Musical, Artistic Works, Computer Programs, and Digital Databases
Idea-Expression Dichotomy
Originality & Fixation
Expressions Protected: Copyright protects only the tangible expression of an idea, not the abstract idea itself.
Algorithm vs Code: An underlying mathematical sorting algorithm is an idea (not protectable), but the specific Python/Java code written to execute it is protected.
Originality Test: Work must originate from the author, possessing a modicum of skill, judgment, and labor (Sweat of the Brow doctrine).
Automatic Protection: Copyright subsists automatically upon creation and fixation in a tangible medium—formal registration is not mandatory but evidentiary.
•
•
•
•
Core Principles of Copyright Law
Literary Classification: Under the Indian Copyright Act 1957 (Sec 2(o)), computer programs and software databases are legally classified as "Literary Works".
Protected Elements: Source code, object code, structure, sequence, organization (SSO), and graphical user interfaces (GUIs).
Author & Ownership: In software employment ("work for hire"), the employer owns the copyright unless contractually specified otherwise.
Reverse Engineering: Decompilation allowed strictly for interoperability research under statutory exceptions.
•
•
•
•
Copyright in Software & Source Code
Parameter | Copyright Protection | Patent Protection |
Subject Matter | Literal source code, documentation, UI design | Technical method, process, or hardware integration |
Grant Requirement | Automatic upon creation (Originality) | Rigorous examination (Novelty & Non-obviousness) |
Term of Protection | Author's Lifetime + 60 Years (India) | 20 Years from filing date |
Protection Scope | Prevents literal copying of code lines | Prevents implementing underlying technical functional method |
Comparing Copyright vs. Patent Protection for Software
Proprietary License
Closed source code. All rights reserved. Commercial distribution under strict End User License Agreements (EULA).
Open Source (Copyleft)
GPL / AGPL licenses. Requires derivative software to also be open-sourced under identical license terms.
Permissive & AI RAIL
MIT / Apache 2.0 / OpenRAIL. Allows commercial reuse; RAIL adds ethical use restrictions for AI deployment.
Software & AI Licensing Regimes
60 Yrs
Post-Author Death Duration
Statutory Terms under Indian Law
Individuals: Lifetime of the author plus 60 calendar years starting from the year following death.�Corporate / Anonymous Works: 60 years from the date of first publication.�Public Domain Entry: Expiration of term transfers the work into the public domain for free public access and modification.
Duration of Copyright Protection
Academic & Research Use: Private study, personal research, and criticism or review do not constitute copyright infringement.
Reporting & Judicial Proceedings: News reporting, current events coverage, and reproduction for legal proceedings.
Backup Copies of Software: Making a non-commercial archival backup copy of a legally licensed computer program.
Text & Data Mining (TDM): Evolving legal debates regarding fair use exceptions for training AI Large Language Models (LLMs).
Fair Dealing Doctrine (Section 52 Exceptions)
Digital Rights Management (DRM) & Piracy
Section 65A of the Indian Copyright Act criminalizes the circumvention of effective Technological Protection Measures (TPM) and Digital Rights Management (DRM) mechanisms designed to prevent unauthorized copying of digital content and software software platforms.
Questions & Discussion
End of Unit 3: Law of Copyrights & Software Protection
https://www.eff.org/files/banner_library/coder-cat-2.png
Source: www.eff.org
Image Sources