Copy rights & Intellectual property Copy rights & Intellectual property

Intellectual Property Intellectual Property

The term Intellectual Property reflects the The term Intellectual Property reflects the idea that its subject matter is the product idea that its subject matter is the product of the mind or the intellect. E.g. computer of the mind or the intellect. E.g. computer program program

WIPO WIPO

Encouraging creativity and innovation Encouraging creativity and innovation

Intellectual property Intellectual property

Many Countries are Many Countries are producers and exporters producers and exporters of copyright materials like of copyright materials like software, cinematograph software, cinematograph films and music. films and music. Measures are taken to Measures are taken to protect the authors and protect the authors and strengthen enforcement strengthen enforcement of copyright. of copyright.

What is Software Piracy? What is Software Piracy?

Software Piracy or counterfeiting is defined as Software Piracy or counterfeiting is defined as the illegal copying of software combined with the illegal copying of software combined with unauthorised duplication of genuine trademarks unauthorised duplication of genuine trademarks and documents and documents Software Copying Software Copying Generally, licenses for one or a few copies of a Generally, licenses for one or a few copies of a computer package / programme may be computer package / programme may be purchased for a business or in a workplace. As, purchased for a business or in a workplace. As, requirements increase, illegal copies are made requirements increase, illegal copies are made from one of the licensed programmes and from one of the licensed programmes and installed in other computers. installed in other computers.

In addition, office software is often illegally copied In addition, office software is often illegally copied into the home computer of an employee or vice-into the home computer of an employee or vice-versa. versa.

Network Piracy Network Piracy

Software piracy often occurs on computer Software piracy often occurs on computer networks when a software program is networks when a software program is accessed by more users than what a accessed by more users than what a license permits. Many network user license permits. Many network user organisations fail to realise this as a organisations fail to realise this as a violation of copyright law violation of copyright law

E.g., ERP software is sold usually on per- E.g., ERP software is sold usually on per- user license basis user license basis

If more users are using the same package If more users are using the same package then user organization should pay license then user organization should pay license fees to the software vendor. fees to the software vendor.

Internet Piracy Internet Piracy

With the advent of internet and the With the advent of internet and the increasing use of internet, the software increasing use of internet, the software piracy has grown dramatically in recent piracy has grown dramatically in recent years. Through Internet, programs are years. Through Internet, programs are uploaded to bulletin board systems or uploaded to bulletin board systems or commercial on-line services which, in turn, commercial on-line services which, in turn, can be downloaded or sent via electronic can be downloaded or sent via electronic mail to individuals who may mail to individuals who may notnothold a hold a license to use these software. license to use these software.

Computer hardware resellers Computer hardware resellers

The sellers of computer software particularly the The sellers of computer software particularly the unauthorised retailers are also involved in selling unauthorised retailers are also involved in selling pirated softwares. They simply copy the original pirated softwares. They simply copy the original (licensed) softwares into floppy discs or in CD (licensed) softwares into floppy discs or in CD ROMs and sell them to the end users or install ROMs and sell them to the end users or install them in users' hardware. them in users' hardware. Computer dealers more particularly, the Computer dealers more particularly, the unauthorised hardware suppliers who assemble unauthorised hardware suppliers who assemble components and sell computers to the users with components and sell computers to the users with software already installed. software already installed. Unfortunately, in most of the cases these Unfortunately, in most of the cases these computers are loaded with computers are loaded with unlicensed unlicensed softwaressoftwares. In such cases, unless a license and . In such cases, unless a license and software manuals are provided with the sale, it is software manuals are provided with the sale, it is likely that programs have been likely that programs have been illegallyillegallycopied. copied.

IT Industry IT Industry

The computer software perhaps is the fastest The computer software perhaps is the fastest growing industry in India. The sector is growing growing industry in India. The sector is growing at an annual compound growth rate of over 50 at an annual compound growth rate of over 50 per cent during the recent years per cent during the recent years

Do not mix up the software service with the Do not mix up the software service with the software package export software package export

Perhaps, software companies are happy in Perhaps, software companies are happy in exporting mainly the services since they do not have exporting mainly the services since they do not have to worry much about the copyright piracy as has to worry much about the copyright piracy as has been taking place in the packaged software been taking place in the packaged software

Shareware / Free software Shareware / Free software

Open source Open source

The licenses for most software are The licenses for most software are designed to take away your freedom to designed to take away your freedom to share and change it. share and change it.

By contrast, the GNU General Public By contrast, the GNU General Public Licenses are intended to guarantee your Licenses are intended to guarantee your freedom to share and change free freedom to share and change free software--to make sure the software is software--to make sure the software is free for all its users. free for all its users.