I want to register a copyright for my software source code. What is the process and what protection does it give?

Detailed Legal Analysis

Under the Copyright Act 1957, software source code is protected as a literary work under Section 2(o), and you can register it with the Copyright Office by filing Form XIV along with the prescribed fee and a copy of the source code. The application must be filed online through the copyright registration portal, and you need to submit the source code in a sealed envelope with a declaration of authorship.

Copyright registration is not mandatory as copyright subsists automatically upon creation of the work, but registration serves as prima facie evidence of ownership in court under Section 48 of the Copyright Act. The registration process typically takes 2 to 12 months, and the copyright is valid for the lifetime of the author plus 60 years.

Under Section 51, unauthorized copying, distribution, or modification of your source code constitutes infringement, and you can seek injunction, damages, and account of profits under Section 55. Criminal remedies under Section 63 include imprisonment up to three years and fine up to Rs 2 lakh for willful infringement.