Introduction
In today’s economy, which is technology driven, Software and Application Programming Interfaces (APIs) plays key roles to innovations. Software encompasses everything from mobile apps to enterprise systems, whereas APIs allows various systems and applications to interact. As the worth of digital products has mounted, so is the importance of protecting them legally. Initially Copyright law was drafted for literary and artistic works, now plays a major role in protecting software. Its application, however, to APIs is controversial; raising questions around what aspects of code and interface can and should be safeguarded. This article studies the framework of copyright covering software and APIs, evaluating key legal principles, international standards, and the difficulties of applying traditional copyright to modern technologies.
Understanding Copyright Law
Copyright, a form of intellectual property, helps safeguard the original expression of ideas. Computer programs are considered as literary works, under national statutes such as the U.S. Copyright Act and the Indian Copyright Act, and international instruments like the Berne Convention. Copyright awards creators exclusive rights to display, perform, distribute, reproduce, and create derivative works. However it fails to safeguard ideas, procedures, and methods of operation or mathematical concepts as such.
Software as Copyrightable Subject Matter
Under copyright law, computer programs are considered literary works, which includes:
- Source Code and Object Code: Courts have time and again held that a software program is a fixed and original expression eligible for protection, whether be expressed in source or object code. Hence both are eligible for copyright protection.
- Non-Literal Elements: Many courts, at times, had extended copyright protection beyond literal copying to protect the overall architecture of a program. These comprises of Structure, Sequence, and Organization (SSO) of the program.
Key Case Laws on Software Protection
- Whelan v. Jaslow (1986): An influential U.S. case where the court have ruled that including the code, the program’s structure and organization were also copyrightable. The court extended protection to the non-literal elements, provided they are original expressions.
- Lotus Development Corp. v. Borland International (1995): The U.S. Supreme Court ruled that as menu command hierarchies constituted a method of operation and thus were not copyrightable. This case highlighted the limits of copyright in protecting functional aspects.
- Eastern Book Company v. D.B. Modak (2008, India): The Supreme Court of India dealt with the originality threshold, ruling that minimal creativity is required for copyright protection. This principle applies to software and may affect API protection indirectly.
Application Programming Interfaces (APIs): What Are They?
APIs allows different software systems to communicate through its designed sets of rules and protocols. They facilitate the development of complex ecosystems and enable interoperability. Such as, to fetch real-time forecasts, a mobile app might use a weather API. Their functionality makes them integral to modern software development, but their legal protection is not simple.
Are APIs Protected by Copyright?
This question has raised significant legal debates. APIs, typically, consist of declaring code (names, syntax) and implementing code (underlying logic). While implementing code may be protected, the copyrightability of declaring code is controversial.
The Google v. Oracle Case
The most high-profile case on API copyright, perhaps, is Google LLC v. Oracle America, Inc.:
- Facts: Parts of Oracle’s Java API (specifically, the declaring code) was used by Google, while developing its Android operating system. Oracle sued for copyright infringement.
- Judgment: In 2021, the U.S. Supreme Court ruled in favor of Google, holding that Google’s use of the API was fair use.
- Implications: The court implied that declaring code could be copyrightable but emphasized the transformative use and public interest in interoperability.
This case signaled a major shift in API copyright jurisprudence, suggesting a narrowed scope of protection but greater sphere for reimplementation in pursuit of innovation.
Interoperability at Work
For example after a road accident:
- The hospital shares medical records with police and court
- Police accessed vehicle and insurance information.
- Courts access FIR and treatment details.
- Victims track everything via apps
All this is possible in real time through connected systems using APIs, thus no manual transfers needed.
International Perspectives on API Protection
- European Union: In SAS Institute Inc. v. World Programming Ltd., the Court of Justice of the European Union (CJEU), ruled that functionality, programming language, and data file formats are not copyrightable. This compliments the idea-expression dichotomy and emphasizes the public benefit of interoperability.
- India: The copyright laws of India do not yet have any specific jurisprudence on APIs. However, India’s alignment with TRIPS and the Berne Convention, courts may adopt a similar distinction between functional and expressive elements.
Functional vs. Expressive Elements
A fundamental principle in copyright law is the idea-expression dichotomy. Ideas and functional aspects, are not protected, these are how a program works or how an API enables interoperability. Only the original expression of those ideas, such as the specific coding, may be protected.
APIs inherently occupy a gray area. While the implementation can be expressive, the declarations are typically utilitarian. As such, granting broad copyright protection could hinder innovation and limit competition.
Fair Use and APIs
In countries like the U.S. the doctrine of fair use and in countries like India and the UK the doctrine of fair dealings provides exception to copyright infringement. Courts, in the context of APIs, have taken certain factors into consideration:
- Purpose and character of use: Whether the use is commercial or for public benefit
- Nature of the work: Whether it is highly creative or functional
- Amount and substantiality used: How much of the original was taken
- Effect on the market: Whether the new use harms the market for the original
In Google v. Oracle, the court brought to light the minimal amount of code used and nature of Google’s use, relative to the entire Java platform.
Licensing and Contractual Protection
Software and APIs, apart from copyright, are often governed by licenses. These include:
- Proprietary Licenses: Require payment or permissions in restricted use
- Open Source Licenses: Allow broad use but may impose obligations like attribution or sharing derivative works
Breach of contract, rather than copyright infringement, plays the larger role in disputes over API usage. Developers, thus, understand the terms of licensing under which they use third-party APIs.
Challenges in Copyrighting APIs
- Technical Complexity: Judges often lack the technical background to parse nuanced API functionality.
- Global Uncertainty: Different jurisdictions apply different standards, creating legal uncertainty.
- Innovation vs. Protection: Overly broad protection may inhibit competition and interoperability.
- Blurred Lines: Differentiating between expression and function is difficult.
Conclusion
Copyright is a powerful tool for protecting software. Although, the implementation of copyright, to APIs must be meticulously calculated to avoid impeding innovation. The legal trend globally, seems to favor interoperability while narrowing protection of purely functional elements. The courts, while recognizes that APIs may contain elements of original expression, they also acknowledge the public interest in open, compatible systems.
Hence, understanding these contours is vital, for developers, startups, and legal practitioners. While including legal strategies for registering copyright, thoughtful licensing, open-source management, and fair use considerations, should also be included. In the phase of technology evolution, the will the legal frameworks that governs it should too advance, making it essential to stay informed and adaptive.
Author: Somya Kataria, student at Amity University Madhya Pradesh
Link to similar articles: https://jpassociates.co.in/ai-generated-content/
Link to the copyright act: https://www.copyright.gov.in/Documents/Copyrightrules1957.pdf
