Web Copyright Overview

Source Code, Software & Computer Programs

Source Code

Source code, like other forms of original expression, belongs to the copyright owner and can be protected through copyright registration. Taking the html code from another website is an infringement of copyright.

Computer Programs

If you publish computer software, or are a programmer, you face the same potential problems as anyone in business, but the single most important legal protection available to you is the federal copyright law. However, many software developers don't take advantage of its protections, and risk finding themselves virtually at the mercy of infringers -- all because they didn't register their work as soon as the software is created.

For a computer program, copyright registration extends to all copyrightable expression including source code, text and screen displays. If the work is infringed, a court will compare the allegedly infringing work the original to determine whether there is a substantial similarity between the protectable elements.

A simple way of proving that your original work has been copied is to insert some useless code or other identifiers into your source code and register the copyright. If copied, the evidence will be obvious!

Keep in mind that copyright in works by regular employed programmers are presumed to be owned by their employers. Without an agreement to the contrary, employers own all rights to any work created within an employee's scope of employment.

If you intend on selling or licensing your software, be sure you can prove ownership of your original work - before it's too late!

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