Your software copyright is important. It can protect the effort, expertise, innovation and time you put into the development of your software. There are a few key aspects you have to be familiar with when it comes to software copyright law. Work with an attorney and check out the following frequently asked questions.
1. Question: How do I protect the software I have created?
You can protect any software you create by obtaining and registering your software copyrights. When it comes down to it, there is not a lot of explicit copyright law at the federal level. That being said, so long as you do register your software there is some protection available.
2. Question: Can I register my software copyright?
You can register your software copyright. In fact, your copyright typically has to be published in order to receive any protection. The registration process is typically very easy and straightforward. It can cost anywhere from $35 to $55 for a single piece of software.
3. Question: How do I register my software copyright?
There are a few steps you should follow to register your software copyright. You do not have to work with an attorney, but it is often a good idea to consult with a professional before you file. The copyright application requires specific information, including
• The title of your software
• The name of the author
• The date the product was created
• The name of the copyright owner
In order to register the copyright for your software, you will have to send your application, an application fee and one or two copies of your software to the United States Copyright Office.
4. Question: Do I have to register my software?
You do not necessarily have to register your software. For example, if you have created software strictly for personal use with no value to anyone but yourself, you do not need to register the copyright. However, it is still a good idea to copyright the software. This will prevent you from being sued by anyone who may publish something similar in the future. On the other hand, if your work is valuable enough for you to publish it, it is likely valuable enough to register.
5. Question: If I do register my software, can I sue infringers?
Yes. When you register your software, your product is automatically copyrighted because it is fixed to a tangible medium. This means you own the copyright. Because you own it, no one else can copy the product, change it or display it without your permission.
If someone does infringe your work, you actually lose the automatic protection. You have to file a federal lawsuit to stop the infringement. This process will give you a chance to convince a judge you should be awarded damages for any losses you may have suffered due to this infringement. You can only take this type of action if you have registered your software copyright with the United States Copyright Office.
It is important that you register your software immediately, because this process can take time to be completed. If you wait until someone infringes on your software to apply, it can be hard to prove who came up with the idea first. To avoid any difficulties, you should register your software right away.
6. Question: What damages are typical when businesses sue copyright infringers?
The damages awarded will vary from case to case. If you want to be able to receive any sort of award, you have to register your software before the infringement, or within three months of when you first published your work. Typically, you will be able to recover damages and stop the infringer from using the similar software. You may also be able to get
• Attorney fees
• Court fees
• Special damages
The special damages can be up to $150,000 per infringement.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.