Copyright Basics

Timothy B. McCormack, attorney and founder of McCormack Intellectual Property Law PS writes: 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.”

Timothy B. McCormack, attorney for software in Seattle, discusses software issues: Consequently, to the extent the competing programmer can demonstrate that aspects of the original interface are functionally optimal, and that there are few ways to devise alternative interface elements that will perform the function equally well, reproduction of those original interface elements by a competing program will not infringe. (It must be borne in mind that the copyright in the interface is distinct from the copyright in the program. A competitor who invokes this exception pertaining to the interface must still develop the program generating the interface in a legal manner.)

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 owner of a copyright enjoys six exclusive rights: (1) the right to reproduce the copyrighted work in copies or phonorecords; (2) the right to […]

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. Under the current Copyright Act, registration is not required for an author to receive copyright protection. Registration, however, provides several advantages and benefits, including: (1) […]

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 statutory formalities of (1) notice, (2) deposit, and (3) registration have become increasingly less important since 1989 when copyright law was simplified under international […]

COPYRIGHT BASICS: Copyright Exists when you write it down: Fixation in a Tangible Medium

November 29, 2010

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. To fix your work in a tangible medium of expression, you must embody it in a copy that is sufficiently permanent or stable to permit […]

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COPYRIGHT BASICS: What Types of Work Are protected under Copyright Law? Authorship and Types of Works

November 23, 2010

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. In addition to being an original work, a work must be a “work of authorship.” Typical works of authorship include: (1) literary works (books, magazines, […]

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COPYRIGHT BASICS: The Originality Requirement under Copyright Law as it Applies to Software

November 17, 2010

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. To be “original,” a work must be created independently but does not necessarily need to be new (i.e., unique or different from existing works). As […]

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Copyright Basics: What Copyright Protects

November 15, 2010

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. One can obtain copyright protection for an original work of authorship fixed in a tangible medium of expression. The primary issues in determining whether a […]

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