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- ======================================================================
- COPYRIGHT INFORMATION
- FOR
- COMPUTER SOFTWARE HACKS
-
- from
- June B. Moore
- Attorney at Law
- 32 Salinas Avenue
- San Anselmo CA 94960
- Ph 415-456-5889 (after 5:30 pm)
-
- Writers of software programs that are being placed on the various
- bulletin boards with permission to users of the board to use the pro-
- grams for non-commerical purposes should mark those programs as:
-
- (c) 1981 John Smith
-
- It is not necessary to register the work with the Copyright Office
- in Washington, D.C. to get copyright protection. In fact, it is
- not necessary to put the copyright notice on to get protection, but the
- notice is required if you want to sue for infringement, as is regis-
- tration with the Copyright Office. If the omission of the notice was
- inadvertent or distribution was for a limited purpose only (like to
- one's family or a friendly group getting together) the lack of notice
- does not cause any harm. However, the absence of the notice will
- allow anyone who copies your program to claim it was placed in the
- public domain for all to use for any purpose. Only the copyright
- can be licensed and if the other fellow doesn't know you are
- claiming a copyright, he can claim innocence in this copying.
-
- Registration is simple. Just send a note off to the Copyright
- Office, Library of Congress, Washington, D.C. and ask for the forms
- needed to register a computer program. They will send you a
- package of stuff which will include the forms and instructions
- on how to file for registration. Fill out the form, send it back
- with two copies of your printout showing the copyright notice on it and
- $10 and soon the Copyright Office will send you a certificate
- saying the program is registered.
-
- That's all there is to it!
-
- Copyright should not be confused with patent. Patents have to be
- original invention and protect the idea embodied in an object or
- machine. Copyright protects any kind of a literary, musical, or
- artist work, including all kinds of graphics and sculpture. It
- also protects recorded audio and visual works such as phonorecords
- and videotapes and films.
-
- Neither type of protection guarantees no one will steal your effort,
- any more than the police department guarantees no one will burgle
- your house. The law against burglary and the law against copyright
- infringement, however, give the owner of the house or the copy-
- right a kind of right to recover from the thief. Better chance,
- too, in the case of a software thief who copies for commercial
- purposes!
-
- A copyright will not protect your fine idea for bit-twiddling - it
- will protect your expression of it - that is, no one can copy
- your program directly although they can do some bit-twiddling
- themselves to accomplish the same purpose you aimed at. For
- example, no one can copyright the idea of the play "Romeo and
- Juliette" of a pair of lovers whose families are feuding. But
- Romeo and Juliette could have been copyrighted by William
- Shakespeare and anyone who used his lines in another play about
- the same thing or a similar thing would have infringed his
- copyright.
-
- Is that clear? Or just confusing? Well, Einstein's theory,
- E = MC*C could not be either patented (it is a natural law)
- or copyrighted (it is an idea) but Albert's book about his
- theory could be, was, and is copyrighted!
-
- If it comes down to protecting you program through a lawsuit,
- it is necessary to have the notice and the registration. The
- registration is prima facie evidence of the validity of your
- copyright. And should you succeed in proving your copyright,
- the court will issue an injunction against a copier without
- permission, will ultimately give you either his profits, your
- losses (should you start selling the program yourself), and
- your attorney's fees if he was an intentional infringer. It
- could be a good deal for you, if your program is really great -
- and some that I have seen on the CBBS's are great!
-
- If I can help with advice - but not filing lawsuits- drop
- me a note on the Mill Valley RBBS (415-383-0473) or to
- the above address. I don't practice law - I write about it
- and copyright is one of the areas I write about.
-
-