Lesson 15:  Copyright issues

By MaryAnn Avelar-Flores

 

Copyright issues on software.

The following of some copyright issued which I have found in some of the readings and links in Lesson 15 which I found useful:

The software Act of 1980 made programs copyrightable as long as there was even a minimal amount of creativity.  As a matter of fact, a program is copyrightable if it is stored in the computer’s memory rather than on paper.

           

Copyright law protects the words, images, sounds that an author uses to express idea.  The idea of a word processor, database, and spreadsheet cannot be copyrighted, that is why there are many different word processors, databases, and spreadsheets on the market.  However, the courts have found the following elements to be copyrightable expression of ideas:

  1. source code and object code
  2. flowcharts
  3. sequence, structure, and organization of a program
  4. structure of a program’s audiovisual display and
  5. menu structure, including what appear in the menu. (Clark

 

Copyright is the right to prohibit other people from making copies.  The Software Act allows the person who purchases a software product to make a backup copy, as long as it is for archival purposes only.  The archive copy cannot be given to another person for his or her use.  Only the original and backup can be given away, sold, lent, or rented to others as long as the original purchaser does not retain a copy.  Although the copyright owner has the exclusive right to distribute copies of the software, that right only applies to the first sale of any particular copy. 

           

Any program that comes into existence in a tangible method (source and object code, flowchart, stored on a disk , and so on) are copyright protected.  Programs do not have to be registered to be copyright protected.  The reason that programs are registered is for the protection before infringement takes place.  The court can award up to $100,000 per infringed work, called statutory damages, and impose other actions to stop the illegal copyright activities.