Software Copyright

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When is software fixed in a tangible medium?

When the file is saved to disk CD, DVD, hard drive, memory stick, flash drives and the like.

Can I register my own software copyright?

Yes, however, an improperly drafted application may inadvertently divulge proprietary trade secrets of the program. Once the “cat is out of the bag,” your proprietary information may be irretrievably in the public domain. It may also fail to properly acknowledge prior content that is included in the current version or incorrectly declare it as a work for hire.

It may be useful to seek professional assistance on one or two registrations and then file subsequent registrations yourself or with nominal professional assistance. Other benefits of professional advice include identification of other potential intellectual property issues that may arise.

Software Designers as Employees and Freelance Consultants

Employed programmers are presumed not to have any rights in work created in the scope of employment. They have the same rights as any person completely unrelated to the work. Thus, re-use of any portion of the code in another project for a different employer may be infringing.

Freelance and independent consultant programmers are presumed to own the copyright in their work unless the contract or another agreement transfers that right (by a work for hire agreement or assignment, for example).

Tip for detecting software copying

Independently created work will not be infringing if, in fact, it was not copied. Pierce Law School offers a great suggestion for software writers: “embed “identifiers” such as misspellings and useless loops or variables.” These will be the tell tale of a copy.