Registering Copyright in Software and Source Code

48 questions on registering copyright in software and source code, answered and cited by the UpLaw editorial team.

• Can an inaccurate software copyright application be used to invalidate the registration?
• Can HTML be registered as a computer program?
• Can one registration cover both new and preexisting source code?
• Can unpublished software be preregistered before launch?
• Can user manuals and software documentation be registered?
• Did Google v. Oracle make APIs uncopyrightable?
• Does a program's copyright registration cover its screen displays?
• Does software copyright protect the program's algorithms and functionality?
• Does the public get to see a deposited source-code file?
• How can a developer register software without exposing trade secrets?
• How does a plaintiff prove software copyright infringement at trial?
• How does Baker v. Selden apply to software copyright?
• How does copyright fit alongside patents, trade secrets, and contracts for software?
• How does open-source code in a codebase affect copyright registration?
• How does source-code escrow relate to copyright registration?
• How do merger and scènes à faire limit software copyright?
• How do you register a new version of a software program?
• How is a video game registered with the Copyright Office?
• How much new code is needed to register a new software version?
• How much source code must be deposited to register software?
• How should a copyright notice with multiple years be explained on a software application?
• How would a company with a secret algorithm structure its copyright deposit?
• Is a graphical user interface protected separately from the code that draws it?
• Is each version of a software program a separate work for copyright purposes?
• Is reverse engineering software copyright infringement?
• Is software copyrighted automatically, or does it require registration?
• Should a developer ever deposit object code instead of source code?
• What are literal and non-literal elements of a computer program?
• What are the three components of a copyright application for software?
• What did Google v. Oracle actually decide about API copyright?
• What does the eCO application ask for when registering a computer program?
• What does timely registration do for software statutory damages?
• What evidence proves that source code was actually copied?
• What if the source code for a version I need to register is lost?
• What is the abstraction-filtration-comparison test?
• What is the difference between source code and object code for copyright purposes?
• What is the practical registration discipline for a software company?
• What is the prima facie validity benefit of registration?
• What is the Rule of Doubt for object code deposits?
• What must be deposited when registering a derivative software version?
• What redaction mistakes cause the Copyright Office to refuse a software deposit?
• When is software considered published for copyright purposes?
• Which circuits follow the AFC test, and what were the competing approaches?
• Which substantial-similarity test applies in software cases?
• Who owns code written by an independent contractor?
• Who owns the copyright in code written by an employee?
• Why is a computer program classified as a literary work?
• Why must a software company register before suing for infringement?