Copyright Protection of Computer Programs and Computer Software

Practical Points to Consider

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.

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.

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.

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.

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.

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.

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.

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.

Copyright can serve a useful purpose. The original author deserves reward for his or her creative effort.

For further information or general enquiries contact: -
Patrick Ryan
Email: pryan@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602

© Kilroys Solicitors May 2002