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Copyright & Legal

Software Copyright in India: Protecting Source Code, Apps and Custom Websites

Code is protected by copyright in India. Here's how ownership works between clients and developers, and how to protect software and custom websites.

In this article · 7 sections
  1. What's protected
  2. Who owns custom software?
  3. Open-source components
  4. Protecting your software
  5. Trade secrets and patents
  6. When someone copies your code
  7. FAQs
  8. Does paying for software mean I own it?
  9. Can a developer reuse my project's code for others?

Custom websites, mobile apps and business software are valuable assets. In India, computer programmes are protected as literary works under the Copyright Act, 1957. Understanding software copyright in India helps both businesses and developers avoid ownership fights.

What's protected

  • Source code and object code
  • Original graphics and UI assets (artistic works)
  • Documentation and manuals

Copyright protects the specific expression, not the underlying idea or functionality. Two developers can independently build similar features without infringing each other.

Who owns custom software?

By default, the author (developer or their employer) owns copyright unless there's a written assignment. That's why client agreements should clearly state:

  • Ownership of code transfers to the client on full payment (or)
  • The client receives a licence while the developer keeps ownership
  • What happens to the developer's reusable framework, libraries and components

See website development agreement clauses.

Open-source components

Most projects use open-source libraries under licences like MIT, Apache or GPL. These have conditions (attribution, sharing changes). See open-source licences for websites.

Protecting your software

  • Keep code in a private repository with history. See Git basics
  • Use licence agreements and terms of use for customers
  • Limit access and use NDAs for staff and contractors
  • Consider copyright registration for important products. See copyright registration
  • For SaaS, don't distribute source code unnecessarily

Trade secrets and patents

Algorithms and business logic kept confidential can be protected through contracts and confidentiality. Software patents in India are limited; get specialist advice.

When someone copies your code

Collect evidence (repository history, unique comments, file structures), then send a notice and consult a lawyer. Code similarity analysis can help demonstrate copying.

FAQs

Does paying for software mean I own it?

Not automatically. Ownership depends on the written agreement.

Can a developer reuse my project's code for others?

Generic reusable parts often stay with the developer if the contract says so. Client-specific code and confidential logic should be protected in the agreement.

This article is general information, not legal advice.

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