Starting a Business If I put my copyright claim at the top of my software, does that mean that it is copyrighted?

[Ryan Hall]

Jurisdiction

North Carolina

Hello,



I made some software that I was planning on distributing to the public. Note that this is all my software. I made it from scratch. If I put the copyright at the top of it, does that automatically mean that I copyrighted the code, or do I have to go to court and buy something to do it?

Thanks,

-Ryan Hall

 

[army judge]

If I put the copyright at the top of it, does that automatically mean that I copyrighted the code, or do I have to go to court and buy something to do it?

Here you go, boss, with pictures and all:

How to Copyright Software

 

[zddoodah]

If I put the copyright at the top of it, does that automatically mean that I copyrighted the code, or do I have to go to court and buy something to do it?

This question doesn't make much sense as phrased.

A copyright is a legal concept that is generally defined as a collection of exclusive rights relating to a "work of authorship." See 17 U.S.C. sections 102 and 106. It is therefore not possible to "put the copyright at the top of" software (or anything else).

If you're saying that you embedded notice of your copyright into your software, then the answer to your question is no, that does not "automatically mean that [you] copyrighted the code." However, the good news is that "[c]opyright protection subsists . . . [from the moment that an] original work[] of authorship [is] fixed in any tangible medium of expression." 17 U.S.C. section 102(a). You do not "have to go to court and buy something to do it." Notice of copyright is not required for copyright protection to exist, but it is commonplace and is generally considered to be a good idea because it may provide certain benefits in the event of infringement. See 17 U.S.C. section 401, et seq.

 

[adjusterjack]

Ryan, you would also be wise to register your software with the US Copyright Office. It'll cost you some, but it'll give you a lot more protection.

 

[flyingron]

You no longer have to mark anything to be covered by copyright protection. That all changed in the 80's when the US finally adopted the Berne convention. Copyright is established from the time you fix something in tangible form (to include being embodied on computer media).

As AJ said, you get additional protections by registering the software, but the basic rights ensue from creation.