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HOW TO COPYRIGHT SOFTWARE (Yourself) ------------------------------------ (c) 1993 Locus Inc. * * Updated for Changes to Copyright Act * * PREFACE TO THE DISK VERSION This booklet is a programmer's guide to copyrighting software in the United States. It contains step-by-step instructions from a programmer/attorney how to complete the official application for a Certificate of Copyright Registration. This material is being distributed on the honor system. It is not public domain or free, although it may be uploaded or downloaded freely. Just like a book in a bookstore, you have a limited right to look before you buy. If you send $14.95 to the address below, includes S&H, you will receive a printed copy of the entire work, including the official application form and examples that could not be uploaded because they contain non-ASCII graphics. Thank you for your support! * * * Locus Inc., 122 Peace Lane, Pewee Valley, KY 40056-9001 Internet: 72426.2567@COMPUSERVE.COM +------------------------------------------------------+ | ORDER FORM 93: HOW TO COPYRIGHT SOFTWARE (YOURSELF) | | | | NAME:_______________________________________________ | | | | ADDRESS:____________________________________________ | | | | CITY/STATE/ZIP:_____________________________________ | | | |------------------------------------------------------| | Send $14.95 to: | | | Locus Inc., 122 Peace Lane | Thank You! | | Pewee Valley, KY 40056-9001 | | +------------------------------------------------------+ NOTE: The disk version of this booklet is a standard ASCII text file with hard carriage returns at the ends of the lines. This file contains no special control characters or printer codes, so should print fine with the DOS PRINT command, or convert cleanly into most word processors. ================================================================ HOW TO COPYRIGHT SOFTWARE (Yourself) ------------------------------------ (c) 1993 Locus Inc INTRODUCTION Everyone knows how easily computer programs and manuals can be copied. Registration with the United States Copyright Office in Washington D.C. is an excellent way to protect your valuable work product with a minimum of red tape and expense. Computer software may also be protected by patents and trademarks. Copyrights stop copying. Patents stop making, using or selling. Trademarks stop confusing names. Unfortunately, procedures in the U.S. Patent and Trademark Office are considerably more complex, time consuming and expensive than in the Copyright Office, thus they are not covered in this brief guide. Because all software protection schemes require some degree of familiarity with copyright law, Chapter 1 briefly discusses the basics of copyrights, with an emphasis on software. Chapter 2 takes a more nuts-and-bolts approach as to how to actually fill out the deceptively simple application form "TX." Chapter 3 then deals with the final details of where, when, and what to send to the Copyright Office along with your application. Lastly, the Appendix contains all the forms, letters and examples you will need to complete and file your application. * * * * * TABLE OF CONTENTS Preface Introduction Chapter 1 Computer Law Basics 1.1 Ideas are Free 1.2 Scope of Protection 1.3 Bundle of Rights 1.4 Infringements 1.5 Copyright Notice Chapter 2 Application Form TX 2.1 Space 1 - Title 2.2 Space 2 - Authorship 2.2.1 Name of Author 2.2.2 Works Made For Hire 2.2.3 Nationality 2.2.4 Anonymity 2.2.5 Nature of Authorship 2.3 Space 3 - Dates 2.3.1 Creation 2.3.2 Publication 2.4 Space 4 - Claimant 2.4.1 Claimant is Author 2.4.2 Claimant is not Author 2.4.3 Claimant is Joint Author 2.4.4 Transfer Statement 2.5 Space 5 - Previous Registration 2.6 Space 6 - Derivative Works or Compilations 2.6.1 Preexisting Material 2.6.2 Material Added 2.6.3 Examples 2.7 Space 7 - (deleted) 2.8 Space 8 - Reproduction for Blind or Handicapped 2.9 Space 9 - Correspondence From Office 2.10 Space 10 - Signature and Certification 2.11 Space 11 - Return Address For Certificate Chapter 3 Final Steps 3.1 Filing Fee 3.2 Deposit Requirements 3.2.1 Special Relief and Trade Secrets 3.2.2 Object Code and Rule of Doubt 3.2.3 Screen Displays 3.3 Mailing 3.4 Office Action 3.5 About the Author Appendix Index CHAPTER 1: COMPUTER LAW BASICS This booklet is designed to be a practical guide for non- lawyers. A conscious effort was made to cut out legalese and lawyer talk. However, copyrights are deceptively simple. The basic concepts can be stated in a few sentences, yet the law construing them occupies volumes. By all means, consult with your lawyer if you have questions about any part of this registration process. Or feel free to call the support BBS listed above. Two other good sources of online legal information are GEnie's Legacy and Compuserve's LawSig. 1.1 IDEAS ARE FREE Copyright does not protect ideas, only expressions of ideas. What does that mean? Think about it. An idea is an original thought in your brain. An expression is that same thought reduced to something you can see or hear. Particularly with software, if you can see it you probably have an expression. For example, you can see source code, but not mental logic. Therefore, source code is protected, logic is not. Thus, the first rule for any copyright is there must be a tangible form of expression. The second rule is that the expression must be original. However, a single idea can be expressed more than one way. For example, Lotus 1-2-3 and Microsoft Excel both share the same idea of an electronic spreadsheet, yet each expresses the idea differently. They have different interfaces, file structures, and source code. There is no infringement. So, copyright only protects original expressions that are fixed in some tangible format. Sometimes an idea is so common or there are so few ways to express it that the idea and the expression are said to merge. A merger of the idea and its expression occurs when the expression is indispensable to the treatment of the idea. As a result, the scope of protection may be severely limited if you end up in court. 1.2 SCOPE OF PROTECTION Copyright protection is readily available for computer programs in all their forms, including source code, object code, and microcode. You can also copyright written documentation and user manuals on the same application made for software. However, copyright protection does NOT extend to the underlying procedure, process, system, method, concept, principle, discovery, formula or algorithm, regardless of the format in which it is coded, described, illustrated or embodied in the work. A derivative work is one based upon or incorporating a preexisting work. For example, MicroSoft Windows 3.0 derives from Windows 2.0, thus 3.0 is a derivative work of 2.0, and so on. Other examples of derivative works include translations (ex. rewriting BASIC into C), abridgements (ex. releasing a Lite version), and additions (ex. adding pulldown menus). So whenever a work is recast, transformed, or adapted, and the changes are significant enough, you have a derivative work. A compilation occurs when you collect and assemble other preexisting materials or data. The creative effort in a compilation copyright is in how you select, coordinate, or arrange the material. The classic example of a compilation copyright is the telephone directory. Another example would be a sampler disk or a collection of programs from various authors (ex. PC Magazine Utilities Disk). Note that you must have a copyright owner's permission before reproducing, including or changing his work. Public domain materials do not belong to anyone. They may be copyrights that have expired or the author has dedicated to the public. Or perhaps the author never registered the work, or maybe the registration was denied for lack of proper subject matter. Whatever the reason, public domain material does not have an owner, per se, and may be copied or included in derivative works and compilations. 1.3 BUNDLE OF RIGHTS A copyright owner has certain exclusive rights. Only the owner of a copyright on a program can: (1) reproduce or authorize copying of the program; (2) make derivative works or changes to the program; and (3) distribute, license or sell the program. These exclusive rights last for the life of the author, plus 50 years. Or if the work was made for hire (see Section 2.2.2), for 75 years from the date of publication, or 100 years from creation, whichever is shorter. Having a Certificate of Registration is prima facie evidence of the validity of your copyright. Also, if you are registered at the time of the infringement, the defendant can no longer claim to be an "innocent infringer." Plus, you can recover your attorney fees if you have to go to court to enforce your rights (and win). When courts must determine who has right, title and interest in a program, judges often struggle with the idea-expression dichotomy. However, modern courts have recognized that software consists of four legally significant elements: (1) source and object code; (2) structure, sequence and organization; (3) function or purpose; and (4) user interface. Copyright treats each element as an independent work of authorship provided it qualifies as an expression rather than an idea. 1.4 INFRINGEMENTS Suppose you discover someone is making unauthorized copies or your software or is marketing a blatant ripoff or a former employee is incorporating code he wrote for you in another program. How can you stop them? You must first have a Certificate of Registration. You cannot file suit until you are registered. Then, a federal judge can issue an injunction ordering the defendant to cease and desist the infringing activities. The judge can even direct a U.S. Marshall (remember Marshall Dillon on "Gunsmoke?") to seize and destroy the infringing materials. Later at trial, you may be awarded money damages based on, say, your lost business or the defendant's unjust profits. Or if your damages are unknown, you can opt for statutory damages of up to $100,000 per infringement, provided you were registered at the time of the infringement. If you were not registered when you learned of the infringer, all is not lost, but must file right away if you plan to litigate. The Copyright Office can provide expedited handling upon special request. The "Request for Special Handling" in the Appendix requires a sworn statement explaining the urgency, accompanied by a special processing fee of $200.00. If your request is granted, the Office will attempt to process the application within 5 days. To constitute an infringement, two works must be substantially similar. Obviously, this is a subjective standard. Modern courts may use a two-part test to determine whether one programs infringes another. First, a skilled programmer may scrutinize the code and say whether the sequence, structure and organization of the two have a comprehensive nonliteral similarity. Second, the judge or jury may simply observe the two programs running side-by-side and say whether they have the same overall "look and feel." If both tests are true, there is infringement. If only one test is true, other factors may be considered. 1.5 COPYRIGHT NOTICE The copyright notice is not required. The law before 1989 was that if you failed to use a valid copyright notice, you could lose your copyrights in the work. That is no longer the case. But, I STRONGLY RECOMMEND that you use the copyright notice by putting the following notice prominently on your startup screens, in your source code, on user manuals and all other documentation, including disks: ********************************************************** * COPYRIGHT (C) 1993 ABC COMPANY. ALL RIGHTS RESERVED. * ********************************************************** Note the three parts to the copyright notice: (1) COPYRIGHT or COPR or (C); (2) the YEAR of creation or first publication; and (3) the NAME of the copyright owner. ALL RIGHTS RESERVED is not required, but gives you rights in other parts of the world. CHAPTER 2: APPLICATION FORM TX A Certificate of Copyright Registration is to software like a Deed is to land. Both are proof of ownership and title. However, your copyrights exist the instant you write the code without having to do anything. But to perfect your rights, you should register your work with the U.S. Copyright Office. This process can be done without lawyers and usually takes about three to six months. The Copyright Office considers software to be a "writing," like a book or a poem, therefore the same application form is used as for texts. In fact, the TX is short for TeXt. The following are all that are required to apply for a copyright: (1) A completed Form TX. (2) One copy of the program. (3) The filing fee ($20). A blank TX Form and several other forms and samples are found in the Appendix. You can make and use copies of these forms, but be sure the two-sided TX form is copied onto two-sided paper if you intend to file it. The Appendix also has an example of what a Certificate of Copyright Registration looks like. The Copyright Office has a "single registration" policy, that is, they prefer only one application per work. However, since since software is rarely one giant program, but is usually a system of modules, including screens, overlays, drivers, help files, config files, documentation, manuals, etc., the question arises whether one registration can cover the whole thing? The answer is YES. The Copyright Office considers all these parts to be a single work and insists that they be handled on a single application. The TX form is only two pages, with only 11 numbered spaces for supplying information. Each space has multiple lines, sub- parts, or boxes to check. Throughout this Chapter, my Section numbering scheme follows the corresponding space on the Form TX . Examples are in ALL CAPITAL LETTERS or within "quotation marks." 2.1 SPACE 1 - TITLE The name or title of your program goes in Space 1, Line 1. This should be the full, popular title of your program, including version number (if any). For example: "MICROSOFT QUICKBASIC 4.5" or "LOTUS 1-2-3, RELEASE 3.0." There is no copyright in titles, so the program name does not have to be completely original. Just be sure not to use someone else's trade name or trademark without their permission. Usually, you can skip the rest of Space 1. However, if your program has another name, give that name in Line 2 of Space 1. Or if your program is part of a collection (such as a sampler disk or magazine), give the title of the magazine or sampler in Line 3, and state the volume and issue number in Line 4. For example, "BYTE MAGAZINE, JANUARY 1991." 2.2 SPACE 2 - AUTHORSHIP This is the most important section. Your answers here must be consistent with your answers in Space 4 (Claimant). Correctly identifying authorship involves significant rights and will have a major impact on ultimate ownership, use, and transfer of the software. Be sure to read through all of Section 2.2 first. 2.2.1 NAME OF AUTHOR FOR INDIVIDUALS ==> If you wrote the program, put your full name and birthdate in Line 1 of Space 2(a). If you wrote the software jointly with one or more people with the intention that all contributions be merged into a whole, give each person's full name and birthdate in Spaces 2(b), 2(c), etc. If additional spaces are needed, use Form TX/CON in Appendix A. FOR BUSINESSES ==> If you are operating as a business and the programming was done by you or regular employees of your business, then put your company's full legal name as the author in Space 2(a), Line 1. Leave the birthdate information blank. Please be sure to read Section 2.2.2 very closely, especially if you had any contract programming done. 2.2.2 WORK MADE-FOR-HIRE. On the left side of Line 2, Space 2, there is a check box for a tricky question: "Was this contribution to the work a 'work made for hire'?" This is a legal term of art. A work is made-for-hire if it is (1) prepared by employees within the scope of their employment; or (2) specially ordered or commissioned and the parties agree IN WRITING that the work is made-for-hire. The author of a work made-for-hire is generally the employer, not the employee. Just because you paid for it doesn't mean it yours. Work-for-hire situations can arise several ways. For example, a dentist hires a neighbor's kid to write a billing system, or a bank hires temporary contract programmers to finish a big project. Even if the programmer is given instructions every step of the way, there must be a written agreement signed by both parties acknowledging the work is made-for-hire. Otherwise, all or part of the copyright belongs to the programmer. Therefore, if any part of the program was made-for-hire, you must check "YES" in the box provided on Line 2 of Space 2, give the employer's name as the Author of that part of the work. Leave the space for dates of birth and death blank. 2.2.3 NATIONALITY. In the middle of Line 2 of Space 2, you must give the country where the author is a citizen or is domiciled. In most cases, the author of the work will be a U.S. citizen or business. In general, a person is domiciled in the place where he or she has a fixed and permanent residence with an intention to continue living at that residence for an unlimited time or to return to it whenever absent. If the author is a foreign company, give the country where the business is domiciled. 2.2.4 ANONYMITY. On the right of Space 2, Line 2, you can register anonymously. Anonymous registration is NOT recommended. You should just check "NO" to both questions here. Always check with your attorney before checking Anonymous or Pseudonymous. But if you insist on being Anonymous, you can put "ANONYMOUS" for the Name of Author in Line 1, or just leave blanks for the Name. If you insist, you can give a pseudonym for the Name of Author, provided you qualify it with the word "PSEUDONYM" (ex. "BIG JOHN, PSEUDONYM"), or you can give your real name plus your pseudonym (ex. "WILLIAM GATES, WHOSE PSEUDONYM IS WILD BILL"). 2.2.5 NATURE OF AUTHORSHIP. In Space 2, Line 3, the Copyright Office wants a VERY BRIEF description of your work. Brief Means Terse! Just put "COMPUTER PROGRAM." If you also want to register the documentation, just put "COMPUTER PROGRAM AND DOCUMENTATION." Get the picture? Do not give any more detail than absolutely necessary. Particularly avoid descriptions of program functions, screens, design, structure, and the like. The more detailed you get, the more likely the Copyright Office will question your application. 2.3 SPACE 3 - DATES 2.3.1 CREATION. In Space 3(a), put the year the finished program was created. A program is created when it is fixed in some permanent tangible form. This is not to say you cannot change it later since each significant version constitutes a copyrightable work. In any event, make sure the creation date is consistent with other dates appearing on the application and in the program. 2.3.2 PUBLICATION. A program is published when it is sold, transferred, assigned, licensed, rented, leased, or offered for distribution to the public. If your program has never been published, just leave the date and nation information in Space 3(b) blank. If your program has been published, then you must give the date and nation where it was first published. The approximate date is acceptable if you cannot recall exactly. 2.4 SPACE 4 - CLAIMANT The claimant is the person or company who is now claiming ownership and title in the copyright, or at least part of it. Usually, the claimant and the author are the same. However, the claimant may be different when there has been an assignment or some other form of transfer from the author originally named in Space 2. If that is case, a brief transfer statement must be made (see Section 2.4.4). In pseudocode: IF SPACE 4 = SPACE 2 NO TRANSFER STATEMENT REQUIRED ELSE TRANSFER STATEMENT REQUIRED. 2.4.1 If the claimant is the SAME as the author named in Space 2, put his or her or its name and address in Space 4, Line 1. Obviously, you do not need a transfer statement if there has been no transfer. 2.4.2 If the claimant is DIFFERENT from the author named in Space 2, you need to explain this discrepancy. Thus, in Space 4, Line 1 give the claimant's full name and address, and on Line 2 give a brief statement how title was transferred (see Section 2.4.4). 2.4.3 If there were joint authors and the claimant is less than ALL of the authors, again you will need to explain this. In Space 4, Line 1 give this claimant's full name and address, and on Line 2 give a brief transfer statement how this claimant got title to the entire work was obtained (see Section 2.4.4). 2.4.4 TRANSFER STATEMENT. The transfer statement is a very brief explanation how the claimant got ownership. It is NOT the document itself. Rather, the transfer statement need only be a word or two, such as "BY ASSIGNMENT" or "BY WRITTEN AGREEMENT." Do NOT attach the transfer document itself. However, transfer documents can be filed separately with the Copyright Office by sending a letter of request and a $10.00 filing fee per document. 2.5 SPACE 5 - PREVIOUS REGISTRATION Each version or release of a program is a different work. If you have registered your program before, check "YES" in the TOP box in Space 5, plus check one or more of the next 3 boxes in Space 5 to explain why another registration is being sought. Those reasons include: (1) The program was unpublished when you first registered, and you now seek a second registration to cover your first published edition. Check the SECOND box. (2) The program was previously registered by somebody else (perhaps a co-author), and you now seek registration in your name. Check the THIRD box. (3) You revised the program since the first registration, and now seek registration on the changed version. Check the FOURTH box AND complete Space 6. If you checked "YES" to the TOP box, you must give the previous registration number and the year of registration on the bottom line of Space 5. If you made more than one registration of this program, you need only give the latest registration number and year. 2.6 SPACE 6 - DERIVATIVE WORKS or COMPILATIONS You only need to complete Space 6 if your program is a derivative work, a changed version of another work, or a compilation of preexisting works (see Sections 1.3 and 2.5 above). Derivative or changed works are based upon or derived from one or more preexisting works. A compilation collects or assembles preexisting materials from various sources, or extracts and reassembles material or data from another source. You must complete Spaces 6a and 6b for derivative or changed works, but for compilations you need only complete Space 6b. 2.6.1 PREEXISTING MATERIAL. Space 6a is for derivative works or changed versions only. Here, briefly describe the preexisting material or program you updated, adapted or transformed. That is, identify any preexisting works your program may be based on or incorporate. This may include public domain or government material (see examples in Section 2.6.3) 2.6.2 MATERIAL ADDED. Space 6b is for derivative works and compilations. The Copyright Office wants a BRIEF statement of any added material in which you now claim copyright. If you have a derivative or changed work, give a short description what is new about this changed version. Or if you have a compilation, start your description with the word "COMPILATION," then summarize briefly your efforts in creating this work. 2.6.3 EXAMPLES. Examples of how you might complete Spaces 6a and 6b for derivative works and/or compilations are set forth below: (1) For a derivative work, such as WordPerfect 5.1 - 6a - "WordPerfect 5.0" 6b - "Additional features and text" (2) For a compilation, such as the PC Mag Utilities Disk - 6a - (leave blank) 6b - "Compilation of DOS utilities and text" (3) For a derivative work AND compilation, such as a program incorporating public domain material - 6a - "Standard file compression routines" 6b - "Additional programming and text" 2.7 SPACE 7 - (DELETED) In the past, Space 7 was used for manufacturing provisions, but it is no longer required. The new TX forms have deleted this space. If you happen to have an old TX form, just leave Space 7 blank. 2.8 SPACE 8 - REPRODUCTION FOR BLIND OR HANDICAPPED The Library of Congress reproduces and distributes some works for use by blind or physically handicapped individuals. If you wish to grant the Library of Congress a limited right to copy and distribute your work solely for the blind or handicapped, check Box 8b and sign your name. You can always terminate this license upon 90 days notice. 2.9 SPACE 9 - CORRESPONDENCE FROM OFFICE Skip the first half of Space 9, DEPOSIT ACCOUNT, unless of course you have a charge account with the Copyright Office )if that is the case, why do you need this booklet?) However, the second half of Space 9 is very important in case the Copyright Examiner needs to contact you. Give your name (or person most suited to answer questions), an address and daytime telephone number Often a simple phone call from the Examiner can straighten out the problem. 2.10 SPACE 10 - SIGNATURE AND CERTIFICATION Finally, you get to sign the application in Space 10. In the top part of Space 10, check one of the boxes indicating your status as the: (a) author; (b) other copyright claimant; (c) owner of exclusive rights; or (d) authorized agent of a, b or c. On the middle line of Space 10, type or print your name and the date you signed the application. Make sure that if you listed the work as published in Space 3, the date signed is later than the date published. Put your signature on the bottom line of Space 10, where the finger is pointing. By signing the application, you are certifying that everything is true and accurate to the best of your knowledge. The TX form warns that any false representation of a material fact in an application for copyright or in any written statement filed in connection with it SHALL be fined up to $2,500. 2.11 SPACE 11 - MAILING ADDRESS FOR CERTIFICATE In Space 11, give the name and full mailing address where you want the Certificate of Copyright Registration mailed. Usually, this is the same address you have used time after time herein. But if you want, you can have the Certificate mailed somewhere else. ================================================================ CHAPTER 3: FINAL STEPS 3.1 FILING FEE = $20.00 The required filing fee for each application is $20.00 (twenty dollars) effective January 3, 1991. This fee is non-refundable. Make your check or money order payable to the "Register of Copyrights" and be sure to send a cover letter (see section 3.3). 3.2 DEPOSIT REQUIREMENTS The Copyright Office requires that you deposit with the Library of Congress a "best edition" of your work. In most cases, the best edition of a computer program is its source code. The source code may be deposited in any form visually perceptible without the aid of a machine or device, on paper or microform, preferably showing the copyright notice. Filing on floppy disks and magnetic media is being considered, but is not yet required. You do not have to deposit the entire source listing. Rather, you can file with the Copyright Office representative deposits of your program in the following ways: (1) The first 25 and last 25 pages of source code. (2) If you have multiple programs, the first 25 pages from the first program and the last 25 pages from the last program. (3) If you have a revised version, and no changes or additions are contained in the first 25 and last 25 pages, you can send any 50 representative pages of the revised material. By far, most people use the first option, but if you hesitate to disclose ANY of your source code, special deposit procedures are available as explained in the following Section. 3.2.1 SPECIAL RELIEF AND TRADE SECRETS. Since Copyright Office records are open to the public, trade secrets could be lost if you deposit a significant portion of your source code. Recognizing this possibility, the Copyright Office provides for special relief from the above deposit options. Write a letter to the Chief Examiner requesting special relief, and the following deposit options are available: (1) The first 25 and last 25 pages of source code with up to 50% blocked out. The blocked-out portions must be proportionately less than the material remaining. Some people photocopy the source code through a clear plastic sheet with masking tape blocking out half the sheet. (2) The first and last 10 pages of source code with NO blocked out portions. (3) The first and last 25 pages of object code, plus any 10 or more consecutive pages of source code with NO blocked-out portions. 3.2.2 OBJECT CODE AND RULE OF DOUBT. As mentioned before, in rare cases you may deposit object code. Deposits of object code are subject to the Copyright Office's "Rule of Doubt." This means that the Copyright Office has accepted the deposit material for filing purposes without making any independent determination of its copyrightability. 3.2.3 COMPUTER SCREEN DISPLAYS. Computer programs and screen displays should be registered as a single work. All copyrightable expression owned by the same claimant and embodied in a computer program, or first published as a unit with a computer program, including computer screen displays, is considered a single work and should be registered on a single application form. There is no need to refer to screen displays on the TX application. However, once you mention screens or other audio- visual whistles and bells, you must send copies of screens, printouts, photographs, drawings, or VHS and the Copyright Examiner will be forced to make a judgment call on each screen. Deposit of screen displays is disfavored by the Copyright Office and will drastically slow down the application process. 3.3 MAILING Pack up your application form, the deposit material, and the filing fee, and address the whole package to: Register of Copyrights Library of Congress Washington D.C. 20559 Regular U.S. mail is fine, certified or registered delivery is not necessary. However, it is a good idea to send include a cover letter listing the contents of your package. It also helps to include a self-addressed postcard for the Copyright Office mailroom to date-stamp and return to you acknowledging receipt (see Appendix). On the postcard, list everything sent in the package. 3.4 OFFICE ACTION Processing by the Copyright Office usually takes about three to six months. If the Examiner has any questions, you will receive a letter or phone call. Communications are quite informal, but you do need to reply to Office actions no later than six months. Hopefully, the only thing you will receive is a big brown U.S. government envelope containing your Certificate of Copyright Registration. 3.5 ABOUT THE AUTHOR Beach A. Craigmyle is an attorney in Louisville, Kentucky. He was a former programmer/analyst and information systems auditor. He concentrates his law practice in the area of intellectual property, computer law, business law and litigation. His office address is: 2500 Brown & Williamson Tower, Louisville, Kentucky 40202, phone (502) 584-1135, FAX (502) 561-0442. He may be reached through the Internet at 72426.2567@COMPUSERVE.COM, GEnie (B.CRAIGMYLE), and on CompuServe (72426,2567). ================================================================ APPENDIX The documents included in the appendixes below could not be attached to the disk version of this booklet because they are typeset. Basically, they look like any other government document with lots of lines, boxes, and fine print. ================================================================ APPENDIX A Blank Forms TX and TX/CON ================================================================ APPENDIX B Example TX Form Completed Certificate of Copyright Registration ================================================================ APPENDIX C Request for Special Handling ================================================================ APPENDIX D Correspondence with Copyright Office 1. Transmittal letter 2. Request for Special Relief ================================================================ INDEX References are to Sections and to Appendixes. Abridgements, 2.6 Additions, 1.2, 2.6.2 Anonymity, 2.2.4 Assignment, 2.4.4 Authorship, 2.2.5 BBS support, 3.5 Birthdate, 2.2.1 Blind or handicapped, 2.8 Business name, 2.2.1 Certificate, 1.3, 2.11, Appx B Claimant, 2.4, 2.2 Coauthor, see Joint Collection, 2.1 Compilations, 1.2, 2.6 Copying, 1.3, 1.4 Correspondence, 3.3 Courts, 1.3, 1.4 Creation, 1.5, 2.3.1 Damages, 1.4 Dates, 1.4, 2.3 Deposit material, 3.2 Derivative works, 1.2, 2.6 Documentation, 1.2, 3.2 Domicile, 2.2.3 Employment, 2.2.2, 2.4 Expedited handling, 1.4 Expressions, 1.1, 1.2 Fees 2.0, 1.4 Help, 3.5 Ideas 1.1, 1.2 Infringement 1.4 Injunction, 1.3 Joint authors, 2.2, 2.4.3, 2.5 Judgment, 1.4 Mailing address, 2.9, 2.11, 3.3 Merger doctrine, 1.2 Microcode, 1.2 Nationality, 2.2.3 Notice, 1.5 Object code, 1.2, 3.2.2 Patents, Intro, 1.5 Preexisting material, 2.6 Previous registration, 2.5 Pseudonym, 2.2.4 Public domain, 1.2, 2.6.3 Publication, 2.3.2, 2.5, 2.10 Rights, 1.3, 1.2 Rule of doubt, 3.2.2 Screen displays, 1.2, 3.2.3 Signature, 2.10 Similarity, 1.4 Source code, 1.2, 3.2, 3.2.1 Special handling, 1.4, Appx C Special relief, 3.2.1, Appx D Titles, 2.1, 2.5 Trade Secrets, 1.5, 3.2.1 Trademarks, Intro, 1.5, 2.1 Transfer statement, 2.4, 2.4.4 Translations, 1.2, 2.6 TX Form, 2.0, Appx A User interface, 1.1, 1.3 User manual, 1.2, 3.2 Work for hire, 2.2, 2.2.2 Written agreement, 2.2.2, 2.4.4 =========================[ END ]================================