Highlights Of The New Copyright Act

THE proclaimed objectives of the amendments to the Copyright Act 1994 (which came into force in May this year), with respect to the software industry, are to make adequate provisions for the "special nature of computer programmes as literary works" and for adequate protection of computer generated works. Under the amendment to the definition of literary works, it now includes computer programmes, tables and compilations including computer databases. But it is Section 63B which has the most far-reaching implications. It says that any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days and which may extend up to three years and with fine which shall not be less than Rs 50,000 but which may extend up to Rs 2,00,000. Unless otherwise stated, the purchase of a software licence allows the purchaser to make only one back-up copy, to be used in case the original software disk malfunctions or is destroyed. Any other copy of the original software is considered to be an unauthorised copy and is an infringement of the licence agreement and the copyright law which protects software and governs its use.