Enforcement of Computer Programs Under DMCA
November 18, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 6:06 pm
India implements DMCA-type legislations slower compared to other nations. They are also less extensive. India has signed neither the WCT nor the WPPA. Our country is considering the implementation of DMCA-style rules. Our country has not made any conclusive decision. Thus, India may continue to revise its copyright laws to include new provisions. These will be like those of the DMCA. According to some sources, India’s laws may be updated soon. They will include anti-circumvention rules, as well as information about rights management.
In India, computer programs and related subject matter are regarded as literary works. Most other countries consider it as the same. Protection under Indian law permits them the sale, rental, or rental offer of copies. This is regardless of whether the program has earlier been sold or rented.
As opposed to other sorts of literary works, computer programs have the right to issue copies of the work to the public. This is so as long as the copy is not already in circulation. Computer programs do not fall under what is like the United States’ first sale doctrine. The doctrine limits a copyright owner’s ability to distribute their intellectual property. This is so, even if the “first sale doctrine” does apply to other types of literary works in India.
Section 52(1) of the Copyright Act contains provisions that limit the rights of copyright owners. This in relation to the use of computer programs. The creation of backup copies, and so on, are examples of the same.
The first step permits the creation of copies. This includes the adaptation of a computer program by the lawful possessor of the program. This is to use the computer program for the purpose for which it was intended. Such action is also to create back-up copies to temporary protection. This is against loss, destruction, or damage.
The Copyright Act of 1957 permits any necessary actions to gather important information. Such information should be to insure the interoperability with other programs. The Act permits it, provided the information isn’t otherwise available for free.
The DMCA permits anything to identify the concepts and principles that underlie any aspects of the program.
