As regards computer program written on a piece of paper, it is quite clear that as long as the requirements of originality are complied with, copyright exists in such work from that moment in the same way as it would in respect of any other literary work.

The employer is the author of the work where employees have created the work during their course of employment.

Copyright in literary works, such as computer programmes, carry the rights to control:

1. reproduction of the work,
2. preparation of derivative works,
3. distribution of copies of the work,
4. public performances of the work and
5. public display of the work.

A computer program is infringed unless authorized by the owners of copyright in the computer program (in a disk, or any other medium embodying such program). Any person in possession of a particular copy of a computer program uses it (including a disk, or other medium embodying such program), for the purposes of direct or indirect commercial advantage, or authorizes the distribution of the that computer program without the permission of the copyright owner would be liable to prosecution as an infringer of the proprietary rights contained in the computer program.

If there is substantial copying of details of a program designed to fulfill a particular function on one type of hardware or if what is shown on the screen is the same at each stage of running both the copyrighted and the allegedly infringing program or if similar errors appear in both programmes, it will b a prima facie case of breach of copyright.

Programmes embodied in a semi-conductor chip for operating a computer are also entitled to copyright protection since they fulfil all the requirements of “work” as defined under the Act.

In the United States the courts have adopted the “filtration test” to detect infringement before comparing both the programmes, by considering:

Copyright protection would exist in selections and arrangements as long as at least a minimum degree of creativity was involved in forming the compilation. However, copyright in a compilation extends only to what has been created by the person making the compilation and does not confer any new right in pre-existing material that has been compiled. What is therefore protectable as copyright work is the end result of such compilation and not the matters that have gone into for creating such compilation. For example, in an audio cassette which contains several original songs sung by different persons and who have the copyright in those songs, the copyright exists in the manner the songs are compiled in the cassette.

No. An arbitrary sequences of numbers lacks sufficient originality to be the subject of copyright protection. However, copyright protection can exist in the “architecture” of a computer program even if it was made up of unprotectable elements where it is possible to conclude that there is a degree of expression in establishing interrelationships between the various elements involved.

Registration provides prima facie evidence of the facts stated thereon and in the event of infringement of computer program the creator of the work or the owner does not have to prove that the work is original to attract protection under the Act.

For Registration of Copyright an application is required to be filed in Form IV. The Form requires the applicant to give certain particulars as prescribed.