Article · Intellectual Property

Registering Copyright in Software and Source Code

Type
Article
Jurisdiction
National
Date
2024-08-16
Topic
Intellectual Property

A copyright in software exists the moment code is written, but the ability to enforce that copyright—to sue, and to collect the statutory damages and attorney's fees that make suing worthwhile—turns on registering it with the U.S. Copyright Office. This guide explains what copyright in code actually reaches (and the wide band of functional material it leaves free), drawing on Section 102(b), the abstraction-filtration-comparison test, Google v. Oracle, and the reverse-engineering cases. It walks the eCO application, the source-code deposit rules, and the trade-secret redaction options that let developers register without exposing their crown jewels. It covers ownership and work made for hire, preregistration and derivative versions, screen displays and GUIs, video games, documentation, HTML, object code and the Rule of Doubt, special relief when the code is lost, and how a certificate is put to work proving infringement. Written for developers, founders, in-house counsel, judges, and curious non-lawyers alike, with fresh worked examples throughout.

Registering Copyright in Software and Source Code

Intellectual Property > Copyright Registration | Published 16 August 2024 - Updated 26 November 2024 | UpLaw - uplaw.us

Copyright in your code is automatic; the power to enforce it is not. This guide explains what a software copyright covers, how to register it through the Copyright Office's eCO system without surrendering your trade secrets, and how the resulting certificate does its work in a courtroom.

Keywords: software copyright registration, source code deposit, computer program copyright, trade secret redaction, eCO, object code, Rule of Doubt, Google v. Oracle, abstraction-filtration-comparison, derivative versions, work made for hire, statutory damages, screen displays, reverse engineering, special relief, preregistration

The full text of this document is available to Executive subscribers and above. See plans.