Copyright laws computer programs

In the s and s, there were extensive discussions on whether the patent system, the copyright system, or a sui generis system, should provide protection for computer software. These discussions resulted in the generally accepted principle that computer programs should be protected by copyright, whereas apparatus using computer software or software-related inventions should be protected by patent. Copyright law and patent law provide different types of protection.

Copyright protection is available under the code for literary, artistic and scientific works. Section 6 of the Act gives a list of protected works and Section 6 1 a states:. The following works shall be protected as literary, artistic, or scientific work, which are original intellectual creations in the literary, artistic and scientific domain, including and in particular.

Modern technology has revolutionised the concept of making reproductions and many problems with regard to copyright have risen due to the products of modern technology. The rapid advance in technology in relation to intellectual property rights is an important feature of the contemporary scenario. Technological developments have created new ways in which products of creative cultural activity can be made available to the public.

Dissemination by new inter-active technological systems is overtaking the traditional means by which literature, music, films and computer programs were made available to the public. This in turn has brought about many problems in Sri Lanka. While legislation concerning intellectual property rights need to be constantly updated and modernised in order to keep in step with the new technologies, it is more than obvious that even the best laws in the world duly promulgated, but neatly kept on a shelf, so to speak, are of no use unless they are efficiently administered and effectively enforced.

It is important that legislation in developing countries provide for stern penal provisions and adequate criminal penalties for infringement and it may be said with due respect that the judiciary should also appreciate the need for imposing the maximum punishment in the case of infringements of intellectual property rights, which alone can help maintain and enhance national inventive and creative activity as well as support the innovative spirit of people.

Rights enshrined in the national legislations for the protection of intellectual property would remain in the statute books unless effective machinery for enforcing them is built up and constantly strengthened. In the early days, computing software piracy and other forms of unauthorised copying were uncommon. A computer software solution for one organisation might be totally.

It was not until the s that the question of protection for computer software became a real issue. The exponential growth in the computer population was accompanied by a parallel growth in applications software, and the ease with which computer programs and accompanying documentation could be copied became a major issue in the industry. The United States of America was the first country to enact specific legislation directed towards copyright protection in the form of the Computer Software Copyright Act of In the UK, the courts in the early s seemed sympathetic towards software owners.

Following the case of Apple Computer Inc v Computer Edge Pty Ltd,9 where the Courts held that computer programs even in object code form were protected by copyright as literary works. The Australian Parliament passed the Australian Copyright Amendment Act of , within a few weeks of the appeal judgement confirming that computer programs were protected by copyright, whatever their form. Eventually the United Kingdom followed with specific legislation known as the Copyright Computer Software Amendment Act of , which was later repealed due to inadequacies, and computer programs are now protected under the Copyright, Designs and Patents Act of Today computer software products are quite vulnerable to piracy.

Rising product development costs combined with worldwide capability to rapidly and inexpensively imitate have raised the stakes for both the victims and the perpetrators.

A software package is expensive to prepare but easy to copy. As investments needed for creation of computer software are often high, the protection of such software, against unauthorised copying is of crucial importance. One form of computer software piracy to be noted, for example, is hard-drive loading by dealers using unauthorised loading of software as an attraction and incentive for sale of their computers.

For this purpose the computer hardware dealer does not ostensibly charge for the pirated software loaded in the computer equipment being sold. This form of virtual software piracy can be problematic when the rights owner has to prove commercial or profit interest in such cases. A computer database is a collection of information stored on computer media. In the United Kingdom prior to , databases were protected by copyright as literary. Today new legislation — the Copyright and Rights in Databases Regulations, , protects databases as a distinct and separate form of literary work.

It also brought in the requirement for originality for databases and other provisions specific to copyright databases. When filing the application for registration through the Copyright Office website, the filer will be asked to specify the format in which to submit the work. If the program has not yet been published and the filer is filing the application electronically, one can submit a copy of the source code in which copyright is sought electronically as a PDF document.

If the code is more than 50 pages in length, the filer may submit only the first 25 pages and last 25 pages of code. However, if the program has already been published, a hard copy of the code should be submitted. If the code contains trade secrets, the filer can block out any code in which trade secrets are found. However, the filer must submit a letter stating that the code contains trade secrets. This is required if the program has been published. The registrant may submit graphics and screenshots of images that he or she wants to specifically highlight in the registration.

This is especially important if the program is not yet on a fixed medium such as a DVD that can be submitted to the Copyright Office. If you publish computer software, the single most important legal protection available to you is the federal copyright law.

Theoretically, this means that you own the copyright, and no one may copy, distribute, display or make adaptations of the work without your permission. So far, so good.