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If
you commission an independent software writer or consultancy
to code the software for you, unless you ensure that the
copyright is reserved to you then copyright in the computer
software will reside in the commissioned computer software
writer and not in you and your company. Make sure the
copyright issue is clarified and dealt with at the start.
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One
of the recurrent difficulties in establishing copyright
is establishing and verifying the date of the generation
of the programming code. It is a good idea to retain full
and comprehensive records of the date of generation of
different versions of the code and either to post these
by registered post to yourself or to a trusted third party
who will be in a position to acknowledge receipt. This
way a sworn declaration can be prepared to prove these
dates if need be.
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If
using standard modules of coding, it is important to separate
and identify the coding over which copyright is claimed
from the coding which is regarded as generic and in respect
of which copyright is not claimed.
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Remember
that where you retain a computer consultancy or outside
agency to prepare graphics, menus, and design logos for
the software, all of these elements may be subject to
separate claims for copyright by these third parties.
This may restrict your marketing/distribution of the software.
Again ensure that the copyright issue is dealt with at
the outset.
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Ensure
if you are the author of the computer software that you
have specified and described your copyright in the software.
You should use the copyright symbol "©" both on the source
code and on the introduction screens, menus and also on
any information screens in relation to the computer programme.
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Remember
that if you commission the preparation of a manual or
instructions guide or other information from an independent
party these will not necessarily be covered by the copyright
in the computer software itself. Copyright, unless otherwise
agreed, will reside in the author and therefore, you should
ensure that copyright in any ancillary and peripheral
documentation is assigned to you.
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Although
you can copyright your web page and materials on your
web site, in practice, you may find it difficult to establish
copyright because of similarity in graphical appearance
and other representation used in other sites.
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In
disseminating any information or materials copyrighted
to others on the internet, you should bear in mind that
any unauthorised reproduction by such means is a potential
breach of copyright. To the extent that you are permitted
to replicate or reproduce information from other sources,
you are legally obliged and it is good net etiquette to
expressly acknowledge the copyright of the original author.
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Copyright
can serve a useful purpose. The original author deserves
reward for his or her creative effort.
