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- Copyright 1991 by S. Kitterman Jr. and the Las Vegas PC Users Group,
- 316 Bridger Avenue, Suite 240; Las Vegas, NV 89101. All rights reserved.
- This file was originally printed in the October 1991 issue of The Bytes
- of Las Vegas, a publication of the Las Vegas PC Users Group, and may be
- reprinted only by nonprofit organizations.
- Please give proper credit to the author and The Bytes of Las Vegas.
- -------------------------------------------------------------------------------
-
- Copyrights and Computer Software - An Introduction
-
- by Sam Kitterman, Jr., LVPCUG
-
- [The purpose of these articles is to give general
- information regarding copyrights and how they pertain to protection
- of software. It is not intended to constitute legal advice nor
- should it be relied upon to address a particular situation since
- the tone of the article itself is general in nature. This part is an
- overview of Copyright Law.]
-
- Much has been said about copyrights and whether such can
- or can not protect something one has created, whether that
- something, better known as the "work" in the parlance of copyright
- law, is a book, a movie, or software.
- Yet, what is a copyright? Is it more than the ■? What
- does it protect? What doesn't it protect? How does one obtain a
- copyright? Although multiple books have been written and can be
- written on the subject, here's a glimpse into the World of
- Copyrights.
- Copyrights are a creation of Federal Law. Found in 17
- U.S.C. 101, et seq., the Copyright Act may protect a "work" if the
- "work" meets the following criteria:
- (1) It is an expression (the "work") of an idea
- where the expression is original; and,
- (2) the expression is in a tangible form.
- For example, if you had an idea for a story and wrote that story,
- the manuscript would be the "work". If your story was "original",
- then the manuscript would be protectable under copyright.
- However, those criteria are subject to certain
- exceptions. First, certain materials are not copyrightable, to-
- wit: works created by the United States Government, official
- documents, or works that are "functional" in nature.
- More importantly, it must be understood that the
- copyright only protects the expression of the idea, not the idea
- itself. For example, an individual copyrights their recipe for a
- peanut butter pie. The copyright only protects the written recipe
- (the "expression"), not the actual making of the pie itself.
- Consequently, although one could not make a copy of the recipe,
- they could take that recipe and make as many pies as they want for
- whatever purpose, including selling them commercially.
-
- What does a Copyright protect? Simply put, a valid
- copyright grants the owner thereof the following rights:
- (1) the exclusive right to reproduce the Work;
- (2) the exclusive right to distribute the Work;
- (3) the exclusive right to perform the Work;
- (4) the exclusive right to prepare derivative
- works based upon the "Work".
- Again, there are certain exceptions to these rights which will be
- discussed in a later article.
-
- What do these rights mean? An example of these rights is
- as follows: if you have "authored" a movie which is subject to a
- valid copyright, then you have the sole right to make copies of
- that movie, to take those copies and distribute them, to show the
- movie, and to take clips from that movie and use those clips as you
- see fit.
-
- How long is a copyright good for? For works for which a
- copyright registration has been obtained since 1978, the
- registration is valid for the life of the author plus fifty years
- from the time of creation of the Work. For example, if I create a
- piece of music on January 1, 1992 and register that music with the
- Copyright Office, then my copyright is valid until my death, say
- 2030 plus fifty years, or in other words, 2080 is when that
- copyright will expire.
-
- What does it take to obtain a copyright?
- First, once you have authored the Work, or some
- substantial form of it, make sure that you have placed the
- Copyright Notice on those materials in a location reasonably
- visible to the public. The Copyright Notice consists of the
- following elements: the symbol ■ or the word copyright, the year
- you authored the Work, and your name or the name of the owner of
- the copyright. For example, if you were president of a corporation
- and your employee created a software package for the corporation,
- then the copyright notice would read as follows:
-
- (c) 1992 - John Doe Corporation.
-
- Although the law no longer requires use of the copyright
- notice, you lose certain rights if you fail to use the notice. So
- the advice is: use it!
- Second, you should register the Work with the Copyright
- Office. This requires you to obtain the appropriate form for the
- Work, i.e., if it is textual in nature, you use the TX form, if it
- is a sound recording, you use the SR, etc. You then fill out the
- form, send the form with twenty dollars and a copy of the Work,
- what is otherwise called the "Deposit". If you've done everything
- right, then you should receive your copyright registration anywhere
- from four to six months thereafter.
- Although this may appear easy (and most of the time it
- may be), certain rules and practices must be followed depending
- upon the nature of the Work you are seeking to register.
- Why register? If you fail to register the copyright for
- your Work, you can not sue someone for infringement of your Work.
- Simple as that.
- In next month's issue I'll discuss details as to who is
- considered the author of a Work, the requirement of originality for
- a Work, and the types of works for which one can seek copyright
- protection.
- ----------------------------------
- Copyright 1991--S. Kitterman Jr.
-
- [Sam Kitterman, a member of the Las Vegas PC Users Group is an attorney
- with the firm of Quirk, Tratos & Rothel; he specializes in issues
- related to computer software. This is the first of a series
- of articles Sam is writing for The Bytes of Las Vegas.
- It was originally published in the October 1991 issue of The Bytes of Las
- Vegas, the official newsletter of the Las Vegas PC Users Group.]
-
-