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ARTICLE · 14 APRIL 2022

The ABCs Of Software IP

Davis+Gilbert LLP
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Nearly every company is a software company on some level. Below, we discuss how to protect and enforce your rights in your software...

United StatesIntellectual Property
Devin Kothari
Devin Kothari
Marc Rachman
Marc Rachman
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Nearly every company is a software company on some level. Below, we discuss how to protect and enforce your rights in your software: 

Q: How can I protect my software under copyright law?

A: The U.S. Copyright Office has ruled that most software expresses sufficient creativity and is thus copyrightable. Specifically, the U.S. Copyright Office allows the human-readable version of software, called source code, to be protected by copyright.

The "unregistered" copyright in source code attaches the instant it is typed into a computer. However, technology companies go a step further and submit their source code to the U.S. Copyright Office to get a "registered" copyright. Doing so provides certain enhanced protections, such as the ability to file a lawsuit and receive statutory damages. Importantly, the U.S. Copyright Office has made a specific exemption for source code to be submitted in redacted or partial form to make sure the entire codebase is not made public.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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