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- COPYRIGHT INFORMATION
- FOR
- COMPUTER SOFTWARE HACKS
-
- by
- June B. Moore - Attorney at Law
-
-
-
- Writers of software programs that are being placed on the
- various bulletin boards with permission to users of the board to use
- the pro- grams for non-commerical purposes should mark those programs
- as:
-
- (c) 1981 John Smith
-
- It is not necessary to register the work with the Copyright
- Office in Washington, D.C. to get copyright protection. In fact, it
- is not necessary to put the copyright notice on to get protection,
- but the notice is required if you want to sue for infringement, as is
- regis- tration with the Copyright Office. If the omission of the
- notice was inadvertent or distribution was for a limited purpose only
- (like to one's family or a friendly group getting together) the lack
- of notice does not cause any harm. However, the absence of the
- notice will allow anyone who copies your program to claim it was
- placed in the public domain for all to use for any purpose. Only the
- copyright can be licensed and if the other fellow doesn't know you
- are claiming a copyright, he can claim innocence in this copying.
-
- Registration is simple. Just send a note off to the Copyright
- Office, Library of Congress, Washington, D.C. and ask for the forms
- needed to register a computer program. They will send you a package
- of stuff which will include the forms and instructions on how to file
- for registration. Fill out the form, send it back with two copies of
- your printout showing the copyright notice on it and $10 and soon the
- Copyright Office will send you a certificate saying the program is
- registered.
-
- That's all there is to it!
-
- Copyright should not be confused with patent. Patents have to
- be original invention and protect the idea embodied in an object or
- machine. Copyright protects any kind of a literary, musical, or
- artist work, including all kinds of graphics and sculpture. It also
- protects recorded audio and visual works such as phonorecords and
- videotapes and films.
-
- Neither type of protection guarantees no one will steal your
- effort, any more than the police department guarantees no one will
- burgle your house. The law against burglary and the law against
- copyright infringement, however, give the owner of the house or the
- copy- right a kind of right to recover from the thief. Better
- chance, too, in the case of a software thief who copies for
- commercial purposes!
-
- A copyright will not protect your fine idea for bit-twiddling -
- it will protect your expression of it - that is, no one can copy your
- program directly although they can do some bit-twiddling themselves
- to accomplish the same purpose you aimed at. For example, no one can
- copyright the idea of the play "Romeo and Juliette" of a pair of
- lovers whose families are feuding. But Romeo and Juliette could have
- been copyrighted by William Shakespeare and anyone who used his lines
- in another play about the same thing or a similar thing would have
- infringed his copyright.
-
- Is that clear? Or just confusing? Well, Einstein's theory, E =
- mC*C could not be either patented (it is a natural law) or
- copyrighted (it is an idea) but Albert's book about his theory could
- be, was, and is copyrighted!
-
- If it comes down to protecting you program through a lawsuit, it
- is necessary to have the notice and the registration. The
- registration is prima facie evidence of the validity of your
- copyright. And should you succeed in proving your copyright, the
- court will issue an injunction against a copier without permission,
- will ultimately give you either his profits, your losses (should you
- start selling the program yourself), and your attorney's fees if he
- was an intentional infringer. It could be a good deal for you, if
- your program is really great - and some that I have seen on the
- CBBS's are great!
-
- If I can help with advice - but not filing lawsuits- drop me a
- note on the Mill Valley RBBS (415-383-0473) or to the above address.
- I don't practice law - I write about it and copyright is one of the
- areas I write about.
-
-
-
- For additional assistance, please contact:
-
- June B. Moore
- Attorney at Law
- 32 Salinas Avenue
- San Anselmo, CA 94960
- Phone 415-456-5889 (after 5:30 pm)
-