Computer Software and Copyright

INTRODUCTION

The information on this web site is written in an informal conversational style, not a legal style. It is simply a direct response to a need for information that I have observed. Since I have written it from a programmer's viewpoint and for a programmer's use, it does not cover copyright law in general and focuses only on those areas of copyright law specific to computer software. Nor does it attempt to address other areas of law that may be applicable to computer software. It is certainly not intended to replace the timely legal advice of Berkeley Lab's Patent Department.

However, just as it is helpful to read the computer manual before calling tech support, it will also be helpful to read this web site before calling the Patent Department, not so much to answer any and all questions, but to give you the vocabulary to better understand and digest the information that you are given when you do make that call.

Why Should You Read the Information on this Web Site?

Many programmers do not consider the concept of software copyright when they write computer code. In most cases they don't need to, because the code they are writing is for their own use. However, if you are writing software that may be used by others you should definitely be thinking about copyright and the property rights granted by copyright law.

Just what does copyright mean anyway? How do you get it? How do you benefit from it? Why is the concept of copyright important to the actual programmer, even if he or she is not the legal owner of the software she or he writes? These and many other questions are addressed in this web site. Many of them are based on actual questions I have received from programmers at the Berkeley Lab. Others are based on my own previous experiences writing software and interacting with other programmers.

This web site is laid out much like a computer manual. First it introduces the basic language and concepts. Then it addresses areas relevant to programmers in general and in particular, to those at the Berkeley Lab. I have provided examples where they prove helpful to illustrate certain concepts and also have tried to repeat concepts often.

The computer programs that you write are the result of considerable creative effort on your part and represent an important work product for you and an asset for the Berkeley Lab. By becoming educated in the basics of the software copyright, you increase your ability to protect the fruits of your effort.

Big Notice: The majority of principles outlined in this web site are geared towards programs written after 1989. For computer programs written prior to 1989 there are several important differences in the law. Since most useful programs are replaced after 5 years, and for the sake of brevity, discussion of pre-1989 copyright law is not included in this web site. If you have a question about software copyright prior to 1989 please contact the Patent Department.

*Written by John E. Wehrli, formerly of the Patent Department, Lawrence Berkeley National Laboratory. Available as LBL Report No. 38995.