In other words, a computer program is automatically copyrighted from the moment the programmer saves the file to disk. In stark contrast to the strict time limits for filing a U.S. patent application, a copyright application can be filed at any time during the copyright term.
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Computer programs created by regular employees in the course of their employment are ordinarily presumed to be "works for hire" that are owned by their employers. Absent an agreement to the contrary, the employer owns both the work and the accompanying copyright.
In the case of a "published" computer program, the applicant is required to state the date and nation of first publication. A common mistake is to treat published and unpublished computer programs, both of which can be registered, the same way.
1. A description of your work that you believe has been infringed. 17 U.S.C. § 512 (c) (3) (A) (ii): Please identify the copyrighted work or list of works claimed to have been infringed. 2.
- Remove or disable access to the infringing material.#N#- Notify the content provider who is accused of infringement that Course Hero has removed or disabled access to the applicable material.#N#- Terminate such content provider’s access to the Services if he or she is a repeat offender.
Absent an agreement to the contrary, the employer owns both the work and the accompanying copyright.
The statement that a work is "copyrighted" is often used to mean that a copyright registration on the work has been obtained from the U.S. Copyright Office. This terminology, while commonly used, is technically incorrect.
Thus, if infringement occurs, the copyright owner, armed with the presumption of validity and the threat of statutory damages and attorneys' fees, will be in a strong position to stop the infringement without formal litigation by, for example, sending the infringer a cease and desist letter.
The option of requesting statutory damages is important because it is often difficult and expensive to prove actual damages in an infringement suit. Copyright registration for computer programs presents several traps for the unwary. For example, certain procedures must be followed when the computer program is based in part on a previous version.
Because the benefits of registering a copyright in advance of infringement are so great, and because the cost of registering a copyright is so small (e.g., only a $30 filing fee), it is highly recommended that copyright owners register the computer program promptly upon its creation or publication.
Because the Copyright Act provides a three-year statute of limitations for civil actions, the infringement action must be filed in court within three years after the claim accrued.
A "copyrighted" work more appropriately means that U.S. copyright law protects the work. Copyright protection is available for all copyrightable expression embo died in a computer program. Copyright protection is not available for ideas, program logic, algorithms, systems, methods, concepts, or layouts. This means that an author of ...