Question:

Consider the scenario mentioned below:
Sita, an aspiring software programmer, has just completed her software code in object and source code. She is excited about her accomplishment but wonders about the protection of her creative work. She decided to do some research and learn more about copyright, patent, and trademark.
Which of the following statements is best suitable for Sita’s situation?

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Copyright automatically applies to original works of authorship once created, regardless of registration.
  • Sita’s software will be protected by copyright as soon as she creates it, thus, she has automatic protection of her rights and no copyright registration is required for obtaining remedies under the Copyright law in India.
  • Sita must file for a patent to protect her software, as patents offer broader protection for creative works as compared to copyright since object/source code can be protected as a computer programme per se in India.
  • Sita’s software will be automatically protected by copyright upon its creation, but she should also consider applying for a trademark in India on object and source codes to enhance her rights and ensure that she has international recognition.
  • Sita should register her software with the Copyright Office of India to ensure its protection, as copyright laws vary from country to country and without registration her rights might get infringed and she may not have any remedy under copyright law in India.
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The Correct Option is A

Solution and Explanation

In India, copyright protection is automatic upon the creation of the work, and registration is not required for the protection to be enforceable.
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