Open-Source Licence Compliance And Software Copyright In India

Introduction

Almost every piece of software built or deployed in India today relies, to some extent, on open-source software. Indian technology companies, from early-stage startups to large IT services businesses, use open-source components to accelerate development, reduce costs and avoid reinventing well-tested infrastructure.

Yet the legal framework around open-source software remains poorly understood by many businesses. Open-source licences are not “free” in the sense of being unconditional. They are copyright licences that grant permissions subject to specified conditions, and the Copyright Act, 1957 expressly recognises computer programmes as literary works. The Act therefore provides the underlying copyright framework within which software licensing operates.