home *** CD-ROM | disk | FTP | other *** search
-
- HOW TO COPYRIGHT SOFTWARE
- -------------------------
- (c) 1990 Locus Inc
-
-
- PREFACE
-
- This booklet is a programmer's guide to copyrighting software.
- It contains step-by-step instructions from a programmer/attorney
- how to apply 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 $12.95 to the address
- below, you will receive a printed copy of the complete work,
- including the official forms that could not be included because
- they contains non-ASCII graphics. BBS Support (502) 561-0742.
-
- Thank you for your support!
- * * *
- Locus Incorporated, 122 Peace Lane,
- Pewee Valley, Louisville, KY 40056-9001
- * * *
-
-
- 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. Patents and
- trademarks are also valuable for computer software, but are
- beyond the scope of this simple work. Patent and Trademark Office
- rules are not quite as "user friendly" as the Copyright Office.
-
- Understanding software protection requires some familiarity
- with the law of copyrights. Chapter 1 explains the basics of
- copyright law relating to computer software. Chapter 2 takes a
- nuts-and-bolts approach how to fill out the official Copyright
- Form TX to apply for a Certificate of Copyright Registration.
- Chapter 3 deals with the remaining details of what, when, where
- and how much to send to the Copyright Office along with your
- application.
-
- * * * * *
-
- NOTE: This file is in standard ASCII text format with a hard
- carriage return at the end of each line. It contains no special
- characters or printer control codes.
-
- ================================================================
-
- 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 that someone is making unauthorized
- copies or your program or is marketing, how can we say, a
- "strikingly similar workalike?" What can you do? Once your
- program has been registered, you can file a copyright infringement
- suit in federal court. The judge can issue an injunction against
- the defendant to cease and desist the infringing activities. The
- judge can even order the U.S. Marshall to seize the infringing
- materials. At trial, you can win money damages based on your lost
- business or the defendant's unjust profits. Or if your damages are
- speculative, you can demand statutory damages of up to $100,000 per
- infringement (if registered at the time of the infringement).
-
- Note that you cannot begin a copyright infringement suit until
- your program is registered. If you are not registered at the time
- you learn of the infringement, you have to hurry up and do it.
- Fortunately, the Copyright Office can provide expedited handling
- upon special request. A "Request for Special Handling" (see
- Appendix C) must contain a sworn statement explaining the urgency,
- accompanied by a special fee of $200.00. If your request is
- granted, the Office will try to process the application within five
- days.
-
- To constitute an infringement, two programs must be
- "substantially similar." Obviously, this is a subjective standard.
- Therefore, modern courts are using a two-part test to determine
- whether two computer programs are substantially similar. First,
- an expert programmer may scrutinize the programs and testify
- whether their sequence, structure and organization have a
- "comprehensive nonliteral similarity." Second, a judge or jury may
- look at the programs side by side and say whether they have the
- same overall "look and feel." If both tests are true, there is
- an infringement.
-
-
- 1.5 COPYRIGHT NOTICE
-
- The copyright notice below no longer required, however it is
- still highly recommended. If the purpose of copyright is to
- protect, why not use this simple device? Thus, the following words
- should appear prominently in the source code, and on the bootup
- screen, the user manuals, and all other documentation and
- distribution media:
-
- **********************************************************
- * COPYRIGHT (C) 1990 ABC COMPANY. ALL RIGHTS RESERVED. *
- **********************************************************
-
- The three parts to the copyright notice are : (1) the word
- COPYRIGHT or COPR, or the letter (C) in a circle/parentheses; (2)
- the YEAR of creation or first publication; and (3) the NAME of the
- copyright owner. The phrase ALL RIGHTS RESERVED is not absolutely
- necessary, but warns others of your claim to ALL other rights in
- the work, including patents, trademarks, and trade secrets.
-
- ================================================================
-
-
- CHAPTER 2: APPLICATION FORM TX
-
- A copyright certificate is to a program like a deed is to
- land. Both are evidence of ownership and title. Actually, your
- copyrights existed from the moment you wrote the program. But to
- perfect your rights you must register with the U.S. Copyright
- Office. The registration process usually takes about three to six
- months.
-
- The Copyright Office considers computer programs to be
- "writings," therefore we use the same as is required for books and
- other literary works. Form TX is short for TeXt. The following
- are all that are required to apply for a copyright:
-
- (1) One completed Form TX.
- (2) One copy of the program.
- (3) The filing fee.
-
- A blank Form TX and other forms are attached in the Appendix.
- You can submit you application on photocopies of these official
- forms, but make sure they are on two-sided paper. The Appendix
- also contains a sample of a completed Form TX on which a
- Certificate of Copyright Registration was issued.
-
- The Copyright Office has a policy of Single Registration,
- that is, one application per work. Since a program is rarely one
- giant piece of code, but a system of interdependent parts (such as,
- overlays, drivers, help files, etc.), the question is whether one
- application can cover everything? YES. All these parts, including
- user manuals and documentation, are considered a single work for
- registration purposes and can be handled on one application.
-
- The TX form is only two pages long, with 11 numbered spaces
- for providing information. Each space has multiple lines; some
- have boxes to check. Throughout this Chapter, the Section
- numbering scheme corresponds to the appropriate space on the TX
- form. Examples how to complete the spaces are in ALL CAPITAL
- LETTERS or "in quotes."
-
-
- 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 - MAIL CERTIFICATE TO
-
- 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. If
- you need to, you can have the certificate mailed to somebody else.
-
- ================================================================
-
- CHAPTER 3: FINAL STEPS
-
- 3.1 FILING FEE
-
- The required filing fee for each application is $10.00 until
- January 2, 1991. Beginning January 3, 1991, the filing fee is
- $20.00 per work. This fee is non-refundable. You can make your
- check or money order payable to the "Register of Copyrights."
-
-
- 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.
- You do not have to deposit the entire source code listing.
-
- 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 are under consideration, but are
- not required at the time of this writing. The following deposit
- options are regularly available:
-
- (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.
-
- However, if you absolutely refuse to disclose ANY of your
- source code, special deposit procedures are available and 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. Just 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 a lawyer in Louisville, Kentucky. He
- is a former programmer/analyst, information systems auditor, and
- consultant. He concentrates his legal practice in the areas of
- computer law and intellectual property. His office address is:
- 2500 Brown & Williamson Tower, Louisville, Kentucky 40202, phone
- (502) 584-1135, FAX (502) 561-0442. He may also be reached
- through the BBS Support (502) 561-0742 (SYSOP), 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 ]================================