| If you're wondering how to copyright software, the | | | | to modify and freely distribute those modifications. |
| good news is you've probably already done it. At | | | | This term is very much in the spirit of many open |
| least you have if you have ever written software. | | | | source types of software and music. The catch for |
| Most people get confused over exactly what having | | | | copyleft protection is that the newly created work |
| a copyright for their software means. Only those | | | | be distributed in the same manner and spirit in which |
| things that can be seen (when it comes to software) | | | | it was received. In other words if you were freely |
| can be copyrighted. If you want to protect the | | | | given the software, then you must freely provide |
| abstract, look into patents. Otherwise if it is original, | | | | the improvements and modifications you made to |
| fixed, and tangible you can copyright it. Essentially | | | | that software. |
| you already know how to copyright software if | | | | One unfortunate circumstance surrounding patents is |
| you've put it into a finished form. Once you've | | | | the unequal and obvious disparity between the haves |
| written the source code, the copyright belongs to | | | | and the have not's. Patent enforcement for |
| you. | | | | software, unlike literature and music, is largely |
| Copyrighting software doesn't offer the protection | | | | subjective. In literature and music, it is obvious that |
| that many people hope it will. The idea of software | | | | the copyright has been abused or that the work has |
| and anything about the finished product that wasn't | | | | been copied; this isn't as simple with software. |
| available in a tangible (visible) form isn't protected by | | | | How to Obtain a Patent |
| copyright. In fact, the only thing undeniably protected | | | | To obtain a patent for your software, you must |
| by software copyright is the source code. The | | | | apply for a patent in each country that offers |
| question you should ask yourself is not how to | | | | patents for software and in which you wish to have |
| copyright software, but how to patent your | | | | the protection a patent can offer. There is no |
| software. | | | | universal legal definition of what a software patent is. |
| What Is A Software Patent? | | | | Each country that offers patents also has a different |
| A "software patent" has no universal understanding. | | | | definition for what is protected by that patent, as |
| In general, owning a patent allows a company certain | | | | well as for why a patent will be granted. Also |
| rights (or exclusivity) for a prescribed amount of | | | | consider the fact your software may be given a |
| time. Individuals or corporations seeking a patent | | | | patent in one country where you applied and none of |
| must apply for a patent in each country in which | | | | the others. |
| they wish to have one. Unlike copyrights, patents are | | | | Of course, if this is not enough fun for you, you can |
| not automatically granted to applicants and can take | | | | try to deal with the red tape involved in dealing with |
| a while to be approved. | | | | multiple governments to resolve any issues or |
| The growth of Internet business and e-commerce | | | | disputes that may have arisen from your software |
| has led to many patent applications for software, | | | | patents. |
| particularly software designed for specific business | | | | If you are applying for international patents (which |
| applications. While the cases are granted and | | | | can secure a profitable future for you and your |
| successfully tried and defended in some countries, | | | | business), you need to find a good patent lawyer |
| other countries offer no enforcement or legal | | | | and have him walk you through the entire process. |
| recourse for those who do not honor the software | | | | Patents are complicated. When you're not exactly |
| patent, even if the patents were granted in those | | | | sure of what you're doing, whom you need to talk |
| countries. The fine line between nations about what | | | | to, and what the next step is, you stand to waste a |
| is and isn't patentable is another challenge to establish | | | | lot of time while taking a bigger risk. It is much easier |
| and honor patents. | | | | to deal with how to copyright software on your own |
| Patents differ greatly from copyrights, which are | | | | than it is to work out the complicated world of |
| issued automatically and recognized and enforced | | | | software patents. |
| internationally. Copyrights protect the source code of | | | | If this is your first time designing your own software, |
| software from being copied and registration is | | | | you have every right to be nervous. Remember: |
| generally not required to protect your work. | | | | lawyers went to school much longer than you to |
| Lately there is a new term, "Copyleft," which is an | | | | know what to do in this situation, so you should not |
| obvious play on words and represents the rights to | | | | be expected to know how to copyright or patent |
| not only redistribute the copyrighted works, but also | | | | software when you've never done it before. |