Posts Tagged "memorandum of understanding"

Decoding the mystery of copyright ownership, source code and software in India

As a software developer, there are a lot of things that need to be taken into consideration at the time of negotiation with the person engaging you to develop the software. It is very crucial to read the agreements that you might sign. On the other hand, as a person engaging a third party to develop software, you would always want exclusivity to the said software and accordingly, would like to include terms in a contract favouring that. So what happens when there a battle of ownership between the parties? This case here involves Section 17 of the Copyright Act which lays down who the first owner of the copyright is, various tests to determine what formulates a “contract of service” and some absolutely unique arguments. Here is the Court decoding the mystery of copyright ownership, source code and software in India

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