Summary of Software Copyright Law
Software copyright law provides protection for the original works of artists. The copyright goes into effect from the moment the person creates the software. It receives instant recognition as the property of the individual responsible for creating the work. The claim of ownership stays with the author or anyone assigned the rights by the original owner. If a hired person creates the work, that individual usually assigns all rights to the party who has hired him to create the software.
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Function
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Basic copyright law, which has a basis in intellectual property law, provides safeguards for original artistic works, including music, movies and software. The work must have a tangible form, and the law does not cover ideas, facts or systems. Methods of operation are also exempt from copyright protection. Generally, a purchaser of software buys the right to use the software or "license" the product. An ownership interest does not exist.
History
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The first modern law that protected artists' work has its basis in the Statute of Anne, named after Queen Anne of England and enacted in 1710. It provided protection for book publishers. In the United States, individuals creating works on or after January 1, 1978, have protection that lasts 70 years beyond the creator's death
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Geography
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International software copyright laws do not exist. Protection of software and other works depend on the particulars laws of each country. Some countries that have copyright laws for software creation include India, Canada, Taiwan, Japan and Great Britain. Germany and France also have copyright regulation for software.
Expert Insight
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Although all software creations receive automatic protection under intellectual property law, the U.S. Copyright Office recommends registration of the software in the public records. If someone misappropriates your work and you pursue litigation, you may receive statutory damages as well as recover legal costs for any violation that takes place within five years. The law considers the registration as proof of your ownership of the work.
Considerations
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Copyright law allows the owner of the work the leeway to authorize others to use or copy original works under the doctrine of "fair use." This aspect of modern copyright law permits the use of materials for a variety of purposes, including criticism comments, research, news reports or educational purposes. Certain conditions apply, such as whether the other person benefits commercially, the category of the work, the amount of the work that is used, and how the use will influence the marketability of the work.
Warning
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Copyright laws make it illegal to misappropriate copyrighted software, including by copying, loaning, renting or leasing the software for profit. Individuals found liable can be fined $150,000 for each software program misappropriated. Even if you legally purchased the software, it may be illegal to install it on more than one computer unless you purchase additional licenses.
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References
- Photo Credit compact discs image by tim elliott from Fotolia.com
