Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
The most widely used defense is the “fair use” defense. The fair use defense involves the following factors: (1) the purpose and character of the use (e.g., commercial versus nonprofit or educational...
Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
A copyright can be abandoned, forfeited, or both, and a copyright owner can sometimes be prevented from asserting their rights. Abandoning a copyright requires some manifestation of an intent to abandon. Mere...
Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
Two computer programs can be identical and yet there will be no copyright infringement if both were created independently of each other. One common way of doing this is by creating a “clean room.”
One may...
Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
Once the copyright in a work has expired or the copyright has been abandoned, the work is in the public domain and may be freely copied. The Copyright Act has been revised over the years, and thus determining...
Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
Even if one establishes ownership in a copyrighted work and that an accused infringer copied the work, the accused infringer may escape liability under one of several defenses set forth in the Copyright Act. Note,...
Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles.
Works of authorship by the United States Government are not subject to copyright.(66) A “work of the United States Government” is defined as “a work prepared by an officer or employee of the United States...
